765
‘‘(2) to implement and enforce requirements 
concerning underground storage tanks located wholly 
within the boundaries of—
‘‘(A) an Indian reservation; or 
‘‘(B) any other area under the jurisdiction 
of an Indian tribe. 
‘‘(b) REPORT.—Not later than 2 years after the date 
of enactment of this section, the Administrator shall sub-
mit to Congress a report that summarizes the status of 
implementation and enforcement of this subtitle in areas 
located wholly within—
‘‘(1) the boundaries of Indian reservations; and 
‘‘(2) any other areas under the jurisdiction of 
an Indian tribe. 
The Administrator shall make the report under this sub-
section available to the public. 
‘‘(c) NOT A SAFE HARBOR.—This section does not 
relieve any person from any obligation or requirement 
under this subtitle. 
‘‘(d) STATE AUTHORITY.—Nothing in this section 
applies to any underground storage tank that is located 
in an area under the jurisdiction of a State, or that is 
subject to regulation by a State, as of the date of enact-
ment of this section.’’.
766
(b) TABLE OF CONTENTS.—The table of contents for 
such subtitle I is amended by adding the following new 
item at the end thereof:
‘‘Sec. 9013. Tanks on Tribal lands.’’.
SEC. 1530. ADDITIONAL MEASURES TO PROTECT GROUND-
WATER. 
(a) IN GENERAL.—Section 9003 of the Solid Waste 
Disposal Act (42 U.S.C. 6991b) is amended by adding the 
following new subsection at the end: 
‘‘(i) ADDITIONAL MEASURES TO PROTECT GROUND-
WATER FROM CONTAMINATION.—The Administrator shall 
require each State that receives funding under this sub-
title to require one of the following: 
‘‘(1) TANK AND PIPING SECONDARY CONTAIN-
MENT.—(A) Each new underground storage tank, or 
piping connected to any such new tank, installed 
after the effective date of this subsection, or any ex-
isting underground storage tank, or existing piping 
connected to such existing tank, that is replaced 
after the effective date of this subsection, shall be 
secondarily contained and monitored for leaks if the 
new or replaced underground storage tank or piping 
is within 1,000 feet of any existing community water 
system or any existing potable drinking water well. 
‘‘(B) In the case of a new underground storage 
tank system consisting of one or more underground
767
storage tanks and connected by piping, subpara-
graph (A) shall apply to all underground storage 
tanks and connected pipes comprising such system. 
‘‘(C) In the case of a replacement of an existing 
underground storage tank or existing piping con-
nected to the underground storage tank, subpara-
graph (A) shall apply only to the specific under-
ground storage tank or piping being replaced, not to 
other underground storage tanks and connected 
pipes comprising such system. 
‘‘(D) Each installation of a new motor fuel dis-
penser system, after the effective date of this sub-
section, shall include under-dispenser spill contain-
ment if the new dispenser is within 1,000 feet of any 
existing community water system or any existing po-
table drinking water well. 
‘‘(E) This paragraph shall not apply to repairs 
to an underground storage tank, piping, or dispenser 
that are meant to restore a tank, pipe, or dispenser 
to operating condition 
‘‘(F) As used in this subsection: 
‘‘(i) The term ‘secondarily contained’ 
means a release detection and prevention sys-
tem that meets the requirements of 40 CFR
768
280.43(g), but shall not include under-dispenser 
spill containment or control systems. 
‘‘(ii) The term ‘underground storage tank’ 
has the meaning given to it in section 9001, ex-
cept that such term does not include tank com-
binations or more than a single underground 
pipe connected to a tank. 
‘‘(iii) The term ‘installation of a new motor 
fuel dispenser system’ means the installation of 
a new motor fuel dispenser and the equipment 
necessary to connect the dispenser to the under-
ground storage tank system, but does not mean 
the installation of a motor fuel dispenser in-
stalled separately from the equipment need to 
connect the dispenser to the underground stor-
age tank system. 
‘‘(G) The Administrator may issue regulations 
or guidelines implementing the requirements of this 
subsection. 
‘‘(2) EVIDENCE OF FINANCIAL RESPONSIBILITY 
AND CERTIFICATION.—
‘‘(A) MANUFACTURER AND INSTALLER FI-
NANCIAL
RESPONSIBILITY.—A 
person 
that 
manufactures an underground storage tank or 
piping for an underground storage tank system
769
or that installs an underground storage tank 
system is required to maintain evidence of fi-
nancial responsibility under section 9003(d) in 
order to provide for the costs of corrective ac-
tions directly related to releases caused by im-
proper manufacture or installation unless the 
person can demonstrate themselves to be al-
ready covered as an owner or operator of an 
underground storage tank under section 9003. 
‘‘(B) 
INSTALLER
CERTIFICATION.—The 
Administrator and each State that receives 
funding under this subtitle, as appropriate, 
shall require that a person that installs an un-
derground storage tank system is—
‘‘(i) certified or licensed by the tank 
and piping manufacturer; 
‘‘(ii) certified or licensed by the Ad-
ministrator or a State, as appropriate; 
‘‘(iii) has their underground storage 
tank system installation certified by a reg-
istered professional engineer with edu-
cation and experience in underground stor-
age tank system installation; 
‘‘(iv) has had their installation of the 
underground storage tank inspected and
770
approved by the Administrator or the 
State, as appropriate; 
‘‘(v) compliant with a code of practice 
developed by a nationally recognized asso-
ciation or independent testing laboratory 
and in accordance with the manufacturers 
instructions; or 
‘‘(vi) compliant with another method 
that is determined by the Administrator or 
a State, as appropriate, to be no less pro-
tective of human health and the environ-
ment.’’. 
(b) EFFECTIVE DATE.—This subsection shall take 
effect 18 months after the date of enactment of this sub-
section 
(c) PROMULGATION OF REGULATIONS OR GUIDE-
LINES.—The Administrator shall issue regulations or 
guidelines implementing the requirements of this sub-
section, including guidance to differentiate between the 
terms ‘‘repair’’ and ‘‘replace’’ for the purposes of section 
9003(i)(1) of the Solid Waste Disposal Act. 
(d) PENALTIES.—Section 9006(d)(2) of such Act (42 
U.S.C. 6991e(d)(2)) is amended as follows: 
(1) By striking ‘‘or’’ at the end of subpara-
graph (B).
771
(2) By inserting ‘‘; or’’ at the end of subpara-
graph (C). 
(3) By adding the following new subparagraph 
after subparagraph (C): 
‘‘(D) the requirements established in sec-
tion 9003(i),’’. 
SEC. 1531. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Ad-
ministrator the following amounts: 
‘‘(1) To carry out subtitle I (except sections 
9003(h), 9005(c), 9011 and 9012) $50,000,000 for 
each of fiscal years 2005 through 2009. 
‘‘(2) From the Trust Fund, notwithstanding 
section 9508(c)(1) of the Internal Revenue Code of 
1986: 
‘‘(A) to carry out section 9003(h) (except 
section 9003(h)(12)) $200,000,000 for each of 
fiscal years 2005 through 2009; 
‘‘(B) to carry out section 9003(h)(12), 
$200,000,000 for each of fiscal years 2005 
through 2009;
772
‘‘(C) to carry out sections 9004(f) and 
9005(c) $100,000,000 for each of fiscal years 
2005 through 2009; and 
‘‘(D) to carry out sections 9011 and 9012 
$55,000,000 for each of fiscal years 2005 
through 2009.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
such subtitle I is amended by adding the following new 
item at the end thereof:
‘‘Sec. 9014. Authorization of appropriations.’’.
SEC. 1532. CONFORMING AMENDMENTS. 
(a) IN GENERAL.—Section 9001 of the Solid Waste 
Disposal Act (42 U.S.C. 6991) is amended as follows: 
(1) By striking ‘‘For the purposes of this sub-
title—’’ and inserting ‘‘In this subtitle:’’. 
(2) By redesignating paragraphs (1), (2), (3), 
(4), (5), (6), (7), and (8) as paragraphs (10), (7), 
(4), (3), (8), (5), (2), and (6), respectively. 
(3) By inserting before paragraph (2) (as redes-
ignated by paragraph (2) of this subsection) the fol-
lowing: 
‘‘(1) INDIAN TRIBE.—
‘‘(A) IN
GENERAL.—The term ‘Indian 
tribe’ means any Indian tribe, band, nation, or 
other organized group or community that is rec-
ognized as being eligible for special programs
773
and services provided by the United States to 
Indians because of their status as Indians. 
‘‘(B) 
INCLUSIONS.—The 
term 
‘Indian 
tribe’ includes an Alaska Native village, as de-
fined in or established under the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et 
seq.); and’’. 
(4) By inserting after paragraph (8) (as redes-
ignated by paragraph (2) of this subsection) the fol-
lowing: 
‘‘(9) TRUST
FUND.—The term ‘Trust Fund’ 
means the Leaking Underground Storage Tank 
Trust Fund established by section 9508 of the Inter-
nal Revenue Code of 1986.’’. 
(b) CONFORMING AMENDMENTS.—The Solid Waste 
Disposal Act (42 U.S.C. 6901 and following) is amended 
as follows: 
(1) Section 9003(f) (42 U.S.C. 6991b(f)) is 
amended—
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 
(B) in paragraphs (2) and (3), by striking 
‘‘9001(2)(A)’’ each place it appears and insert-
ing ‘‘9001(7)(A)’’.
774
(2) Section 9003(h) (42 U.S.C. 6991b(h)) is 
amended in paragraphs (1), (2)(C), (7)(A), and (11) 
by striking ‘‘Leaking Underground Storage Tank 
Trust Fund’’ each place it appears and inserting 
‘‘Trust Fund’’. 
(3) Section 9009 (42 U.S.C. 6991h) is amend-
ed—
(A) 
in 
subsection 
(a), 
by 
striking 
‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 
(B) in subsection (d), by striking ‘‘section 
9001(1) (A) and (B)’’ and inserting ‘‘subpara-
graphs (A) and (B) of section 9001(10)’’. 
SEC. 1533. TECHNICAL AMENDMENTS. 
The Solid Waste Disposal Act is amended as follows: 
(1) Section 9001(4)(A) (42 U.S.C. 6991(4)(A)) 
is amended by striking ‘‘sustances’’ and inserting 
‘‘substances’’. 
(2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) 
is amended by striking ‘‘subsection (c) and (d) of 
this section’’ and inserting ‘‘subsections (c) and 
(d)’’. 
(3) Section 9004(a) (42 U.S.C. 6991c(a)) is 
amended by striking ‘‘in 9001(2) (A) or (B) or 
both’’ and inserting ‘‘in subparagraph (A) or (B) of 
section 9001(7)’’.
775
(4) Section 9005 (42 U.S.C. 6991d) is amend-
ed—
(A) in subsection (a), by striking ‘‘study 
taking’’ and inserting ‘‘study, taking’’; 
(B) in subsection (b)(1), by striking 
‘‘relevent’’ and inserting ‘‘relevant’’; and 
(C) in subsection (b)(4), by striking 
‘‘Evironmental’’ 
and 
inserting 
‘‘Environ-
mental’’. 
Subtitle C—Boutique Fuels 
SEC. 1541. REDUCING THE PROLIFERATION OF BOUTIQUE 
FUELS. 
(a) TEMPORARY WAIVERS DURING SUPPLY EMER-
GENCIES.—Section 211(c)(4)(C) of the Clean Air Act (42 
U.S.C. 7545(c)(4)(C)) is amended by inserting ‘‘(i)’’ after 
‘‘(C)’’ and by adding the following new clauses at the end 
thereof: 
‘‘(ii) The Administrator may temporarily waive a con-
trol or prohibition respecting the use of a fuel or fuel addi-
tive required or regulated by the Administrator pursuant 
to subsection (c), (h), (i), (k), or (m) of this section or 
prescribed in an applicable implementation plan under sec-
tion 110 approved by the Administrator under clause (i) 
of this subparagraph if, after consultation with, and con-