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sents a threat to human health or welfare or
the environment.
‘‘(B) APPLICABLE AUTHORITY.—The Ad-
ministrator or a State shall carry out subpara-
graph (A) in accordance with paragraph (2),
and in the case of a State, in accordance with
a cooperative agreement entered into by the Ad-
ministrator and the State under paragraph
(7).’’.
SEC. 1526. RELEASE PREVENTION, COMPLIANCE, AND EN-
FORCEMENT.
(a) RELEASE PREVENTION AND COMPLIANCE.—Sub-
title I of the Solid Waste Disposal Act (42 U.S.C. 6991
et seq.) is amended by adding at the end the following:
‘‘SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND
COMPLIANCE.
‘‘Funds made available under section 9014(2)(D)
from the Trust Fund may be used to conduct inspections,
issue orders, or bring actions under this subtitle—
‘‘(1) by a State, in accordance with a grant or
cooperative agreement with the Administrator, of
State regulations pertaining to underground storage
tanks regulated under this subtitle; and
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‘‘(2) by the Administrator, for tanks regulated
under this subtitle (including under a State program
approved under section 9004).’’.
(b) GOVERNMENT-OWNED TANKS.—Section 9003 of
the Solid Waste Disposal Act (42 U.S.C. 6991b) is amend-
ed by adding at the end the following:
‘‘(i) GOVERNMENT-OWNED TANKS.—
‘‘(1) STATE
COMPLIANCE
REPORT.—(A) Not
later than 2 years after the date of enactment of
this subsection, each State that receives funding
under this subtitle shall submit to the Administrator
a State compliance report that—
‘‘(i) lists the location and owner of each
underground storage tank described in subpara-
graph (B) in the State that, as of the date of
submission of the report, is not in compliance
with section 9003; and
‘‘(ii) specifies the date of the last inspec-
tion and describes the actions that have been
and will be taken to ensure compliance of the
underground storage tank listed under clause
(i) with this subtitle.
‘‘(B) An underground storage tank described in
this subparagraph is an underground storage tank
that is—
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‘‘(i) regulated under this subtitle; and
‘‘(ii) owned or operated by the Federal,
State, or local government.
‘‘(C) The Administrator shall make each report,
received under subparagraph (A), available to the
public through an appropriate media.
‘‘(2) FINANCIAL
INCENTIVE.—The Adminis-
trator may award to a State that develops a report
described in paragraph (1), in addition to any other
funds that the State is entitled to receive under this
subtitle, not more than $50,000, to be used to carry
out the report.
‘‘(3) NOT A SAFE HARBOR.—This subsection
does not relieve any person from any obligation or
requirement under this subtitle.’’.
(c) PUBLIC RECORD.—Section 9002 of the Solid
Waste Disposal Act (42 U.S.C. 6991a) is amended by add-
ing at the end the following:
‘‘(d) PUBLIC RECORD.—
‘‘(1) IN GENERAL.—The Administrator shall re-
quire each State that receives Federal funds to carry
out this subtitle to maintain, update at least annu-
ally, and make available to the public, in such man-
ner and form as the Administrator shall prescribe
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(after consultation with States), a record of under-
ground storage tanks regulated under this subtitle.
‘‘(2) CONSIDERATIONS.—To the maximum ex-
tent practicable, the public record of a State, respec-
tively, shall include, for each year—
‘‘(A) the number, sources, and causes of
underground storage tank releases in the State;
‘‘(B) the record of compliance by under-
ground storage tanks in the State with—
‘‘(i) this subtitle; or
‘‘(ii) an applicable State program ap-
proved under section 9004; and
‘‘(C) data on the number of underground
storage tank equipment failures in the State.’’.
(d) INCENTIVE FOR PERFORMANCE.—Section 9006
of the Solid Waste Disposal Act (42 U.S.C. 6991e) is
amended by adding at the end the following:
‘‘(e) INCENTIVE FOR PERFORMANCE.—Both of the
following may be taken into account in determining the
terms of a civil penalty under subsection (d):
‘‘(1) The compliance history of an owner or op-
erator in accordance with this subtitle or a program
approved under section 9004.
‘‘(2) Any other factor the Administrator con-
siders appropriate.’’.