Requires the Administrator or a state with an approved program to require compliance inspections of USTs at least once every three years. Requires the study of compliance assurance programs that could serve as an alternative to the inspection programs.
Directs the Administrator to publish operator training guidelines and states to develop and implement a training strategy consistent with stated requirements.
Authorizes the use of funds made available for the petroleum response program to carry out corrective actions with respect to releases of fuel containing an oxygenated fuel additive that presents a threat to human health or welfare or the environment.
Permits the use of trust funds for release prevention and compliance (as well as corrective actions).
Requires compliance reports by any federal or state agency responsible for USTs.
Authorizes a state or the Administrator to prohibit the delivery of regulated substances (motor fuels) to non-compliant tanks. Provides temporary relief for certain tanks in remote locations.
Includes underground storage tank systems and release response activity (as well as underground storage tanks) that are under federal jurisdiction under the UST control and abatement requirements. Requires compliance strategy reports by any federal agency responsible for USTs which list the USTs and describe compliance actions.
Requires the Administrator and Indian Tribes to correct UST releases on Indian lands.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3062 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3062
To reduce the instances of releases from underground storage tanks by
strengthening tank inspections, operator training, program enforcement,
oxygenated fuel cleanup, and providing States greater Federal resources
from the Leaking Underground Storage Tank Trust Fund.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2005
Mr. Gillmor (for himself and Mr. Fossella) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To reduce the instances of releases from underground storage tanks by
strengthening tank inspections, operator training, program enforcement,
oxygenated fuel cleanup, and providing States greater Federal resources
from the Leaking Underground Storage Tank Trust Fund.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This subtitle may be cited as the ``Underground Storage Tank
Compliance Act of 2005''.
SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.
(a) In General.--Section 9004 of the Solid Waste Disposal Act (42
U.S.C. 6991c) is amended by adding at the end the following:
``(f) Trust Fund Distribution.--
``(1) In general.--
``(A) Amount and permitted uses of distribution.--
The Administrator shall distribute to States not less
than 80 percent of the funds from the Trust Fund that
are made available to the Administrator under section
9014(2)(A) for each fiscal year for use in paying the
reasonable costs, incurred under a cooperative
agreement with any State for--
``(i) corrective actions taken by the State
under section 9003(h)(7)(A);
``(ii) necessary administrative expenses,
as determined by the Administrator, that are
directly related to State fund or State
assurance programs under subsection (c)(1); or
``(iii) enforcement, by a State or a local
government, of State or local regulations
pertaining to underground storage tanks
regulated under this subtitle.
``(B) Use of funds for enforcement.--In addition to
the uses of funds authorized under subparagraph (A),
the Administrator may use funds from the Trust Fund
that are not distributed to States under subparagraph
(A) for enforcement of any regulation promulgated by
the Administrator under this subtitle.
``(C) Prohibited uses.--Funds provided to a State
by the Administrator under subparagraph (A) shall not
be used by the State to provide financial assistance to
an owner or operator to meet any requirement relating
to underground storage tanks under subparts B, C, D, H,
and G of part 280 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of
this subsection).
``(2) Allocation.--
``(A) Process.--Subject to subparagraphs (B) and
(C), in the case of a State with which the
Administrator has entered into a cooperative agreement
under section 9003(h)(7)(A), the Administrator shall
distribute funds from the Trust Fund to the State using
an allocation process developed by the Administrator.
``(B) Diversion of state funds.--The Administrator
shall not distribute funds under subparagraph (A)(iii)
of subsection (f)(1) to any State that has diverted
funds from a State fund or State assurance program for
purposes other than those related to the regulation of
underground storage tanks covered by this subtitle,
with the exception of those transfers that had been
completed earlier than the date of enactment of this
subsection.
``(C) Revisions to process.--The Administrator may
revise the allocation process referred to in
subparagraph (A) after--
``(i) consulting with State agencies
responsible for overseeing corrective action
for releases from underground storage tanks;
and
``(ii) taking into consideration, at a
minimum, each of the following:
``(I) The number of confirmed
releases from federally regulated
leaking underground storage tanks in
the States.
``(II) The number of federally
regulated underground storage tanks in
the States.
``(III) The performance of the
States in implementing and enforcing
the program.
``(IV) The financial needs of the
States.
``(V) The ability of the States to
use the funds referred to in
subparagraph (A) in any year.
``(3) Distributions to state agencies.--Distributions from
the Trust Fund under this subsection shall be made directly to
a State agency that--
``(A) enters into a cooperative agreement referred
to in paragraph (2)(A); or
``(B) is enforcing a State program approved under
this section.''.
(b) Withdrawal of Approval of State Funds.--Section 9004(c) of the
Solid Waste Disposal Act (42 U.S.C. 6991c(c)) is amended by inserting
the following new paragraph at the end thereof:
``(6) Withdrawal of approval.--After an opportunity for
good faith, collaborative efforts to correct financial
deficiencies with a State fund, the Administrator may withdraw
approval of any State fund or State assurance program to be
used as a financial responsibility mechanism without
withdrawing approval of a State underground storage tank
program under section 9004(a).''.
(c) Ability to Pay.--Section 9003(h)(6) of the Solid Waste Disposal
Act (42 U.S.C. 6591a(h)(6)) is amended by adding the following new
subparagraph at the end thereof:
``(E) Inability or limited ability to pay.--
``(i) In general.--In determining the level
of recovery effort, or amount that should be
recovered, the Administrator (or the State
pursuant to paragraph (7)) shall consider the
owner or operator's ability to pay. An
inability or limited ability to pay corrective
action costs must be demonstrated to the
Administrator (or the State pursuant to
paragraph (7)) by the owner or operator.
``(ii) Considerations.--In determining
whether or not a demonstration is made under
clause (i), the Administrator (or the State
pursuant to paragraph (7)) shall take into
consideration the ability of the owner or
operator to pay corrective action costs and
still maintain its basic business operations,
including consideration of the overall
financial condition of the owner or operator
and demonstrable constraints on the ability of
the owner or operator to raise revenues.
``(iii) Information.--An owner or operator
requesting consideration under this
subparagraph shall promptly provide the
Administrator (or the State pursuant to
paragraph (7)) with all relevant information
needed to determine the ability of the owner or
operator to pay corrective action costs.
``(iv) Alternative payment methods.--The
Administrator (or the State pursuant to
paragraph (7)) shall consider alternative
payment methods as may be necessary or
appropriate if the Administrator (or the State
pursuant to paragraph (7)) determines that an
owner or operator cannot pay all or a portion
of the costs in a lump sum payment.
``(v) Misrepresentation.--If an owner or
operator provides false information or
otherwise misrepresents their financial
situation under clause (ii), the Administrator
(or the State pursuant to paragraph (7)) shall
seek full recovery of the costs of all such
actions pursuant to the provisions of
subparagraph (A) without consideration of the
factors in subparagraph (B).''.
SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS.
(a) Inspection Requirements.--Section 9005 of the Solid Waste
Disposal Act (42 U.S.C. 6991d) is amended by inserting the following
new subsection at the end thereof:
``(c) Inspection Requirements.--
``(1) Uninspected tanks.--In the case of underground
storage tanks regulated under this subtitle that have not
undergone an inspection since December 22, 1998, not later than
2 years after the date of enactment of this subsection, the
Administrator or a State that receives funding under this
subtitle, as appropriate, shall conduct on-site inspections of
all such tanks to determine compliance with this subtitle and
the regulations under this subtitle (40 C.F.R. 280) or a
requirement or standard of a State program developed under
section 9004.
``(2) Periodic inspections.--After completion of all
inspections required under paragraph (1), the Administrator or
a State that receives funding under this subtitle, as
appropriate, shall conduct on-site inspections of each
underground storage tank regulated under this subtitle at least
once every 3 years to determine compliance with this subtitle
and the regulations under this subtitle (40 C.F.R. 280) or a
requirement or standard of a State program developed under
section 9004. The Administrator may extend for up to one
additional year the first 3-year inspection interval under this
paragraph if the State demonstrates that it has insufficient
resources to complete all such inspections within the first 3-year
period.
``(3) Inspection authority.--Nothing in this section shall
be construed to diminish the Administrator's or a State's
authorities under section 9005(a).''.
(b) Study of Alternative Inspection Programs.--The Administrator of
the Environmental Protection Agency, in coordination with a State,
shall gather information on compliance assurance programs that could
serve as an alternative to the inspection programs under section
9005(c) of the Solid Waste Disposal Act (42 U.S.C. 6991d(c)) and shall,
within 4 years after the date of enactment of this Act, submit a report
to the Congress containing the results of such study.
SEC. 4. OPERATOR TRAINING.
(a) In General.--Section 9010 of the Solid Waste Disposal Act (42
U.S.C. 6991i) is amended to read as follows:
``SEC. 9010. OPERATOR TRAINING.
``(a) Guidelines.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Underground Storage Tank Compliance Act of
2005, in consultation and cooperation with States and after
public notice and opportunity for comment, the Administrator
shall publish guidelines that specify training requirements
for--
``(A) persons having primary responsibility for on-
site operation and maintenance of underground storage
tank systems;
``(B) persons having daily on-site responsibility
for the operation and maintenance of underground
storage tank systems; and
``(C) daily, on-site employees having primary
responsibility for addressing emergencies presented by
a spill or release from an underground tank system.
``(2) Considerations.--The guidelines described in
paragraph (1) shall take into account--
``(A) State training programs in existence as of
the date of publication of the guidelines;
``(B) training programs that are being employed by
tank owners and tank operators as of the date of
enactment of the Underground Storage Tank Compliance
Act of 2005;
``(C) the high turnover rate of tank operators and
other personnel;
``(D) the frequency of improvement in underground
storage tank equipment technology;
``(E) the nature of the businesses in which the
tank operators are engaged;
``(F) the substantial differences in the scope and
length of training needed for the different classes of
persons described in subparagraphs (A), (B), and (C) of
paragraph (1); and
``(G) such other factors as the Administrator
determines to be necessary to carry out this section.
``(b) State Programs.--
``(1) In general.--Not later than 2 years after the date on
which the Administrator publishes the guidelines under
subsection (a)(1), each State that receives funding under this
subtitle shall develop State-specific training requirements
that are consistent with the guidelines developed under
subsection (a)(1).
``(2) Requirements.--State requirements described in
paragraph (1) shall--
``(A) be consistent with subsection (a);
``(B) be developed in cooperation with tank owners
and tank operators;
``(C) take into consideration training programs
implemented by tank owners and tank operators as of the
date of enactment of this section; and
``(D) be appropriately communicated to tank owners
and operators.
``(3) Financial incentive.--The Administrator may award to
a State that develops and implements requirements described in
paragraph (1), in addition to any funds that the State is
entitled to receive under this subtitle, not more than
$200,000, to be used to carry out the requirements.
``(c) Training.--All persons that are subject to the operator
training requirements of subsection (a) shall--
``(1) meet the training requirements developed under
subsection (b); and
``(2) repeat the applicable requirements developed under
subsection (b), if the tank for which they have primary daily
on-site management responsibilities is determined to be out of
compliance with--
``(A) a requirement or standard promulgated by the
Administrator under section 9003; or
``(B) a requirement or standard of a State program
approved under section 9004.''.
(b) State Program Requirement.--Section 9004(a) of the Solid Waste
Disposal Act (42 U.S.C. 6991c(a)) is amended by striking ``and'' at the
end of paragraph (7), by striking the period at the end of paragraph
(8) and inserting ``; and'', and by adding the following new paragraph
at the end thereof:
``(9) State-specific training requirements as required by
section 9010.''.
(c) Enforcement.--Section 9006(d)(2) of such Act (42 U.S.C. 6991e)
is amended as follows:
(1) By striking ``or'' at the end of subparagraph (B).
(2) By adding the following new subparagraph after
subparagraph (C):
``(D) the training requirements established by
States pursuant to section 9010 (relating to operator
training); or''.
(d) Table of Contents.--The item relating to section 9010 in table
of contents for the Solid Waste Disposal Act is amended to read as
follows:
``Sec. 9010. Operator training.''.
SEC. 5. REMEDIATION FROM OXYGENATED FUEL ADDITIVES.
Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C.
6991b(h)) is amended as follows:
(1) In paragraph (7)(A)--
(A) by striking ``paragraphs (1) and (2) of this
subsection'' and inserting ``paragraphs (1), (2), and
(12)''; and
(B) by striking ``and including the authorities of
paragraphs (4), (6), and (8) of this subsection'' and
inserting ``and the authority under sections 9011 and
9012 and paragraphs (4), (6), and (8),''.
(2) By adding at the end the following:
``(12) Remediation of oxygenated fuel contamination.--
``(A) In general.--The Administrator and the States
may use funds made available under section 9014(2)(B)
to carry out corrective actions with respect to a
release of a fuel containing an oxygenated fuel
additive that presents a threat to human health or
welfare or the environment.
``(B) Applicable authority.--The Administrator or a
State shall carry out subparagraph (A) in accordance
with paragraph (2), and in the case of a State, in
accordance with a cooperative agreement entered into by
the Administrator and the State under paragraph (7).''.
SEC. 6. RELEASE PREVENTION, COMPLIANCE, AND ENFORCEMENT.
(a) Release Prevention and Compliance.--Subtitle 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
``(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 amended 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 subparagraph (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 inspection
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--
``(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 Administrator 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 adding at the end the following:
``(d) Public Record.--
``(1) In general.--The Administrator shall require each
State that receives Federal funds to carry out this subtitle to
maintain, update at least annually, and make available to the
public, in such manner and form as the Administrator shall
prescribe (after consultation with States), a record of
underground storage tanks regulated under this subtitle.
``(2) Considerations.--To the maximum extent practicable,
the public record of a State, respectively, 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 underground
storage tanks in the State with--
``(i) this subtitle; or
``(ii) an applicable State program approved
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 operator in
accordance with this subtitle or a program approved under
section 9004.
``(2) Any other factor the Administrator considers
appropriate.''.
(e) Table of Contents.--The table of contents for such subtitle I
is amended by adding the following new item at the end thereof:
``Sec. 9011. Use of funds for release prevention and compliance.''.
SEC. 7. DELIVERY PROHIBITION.
(a) In General.--Subtitle I of the Solid Waste Disposal Act (42
U.S.C. 6991 et seq.) is amended by adding at the end the following:
``SEC. 9012. DELIVERY PROHIBITION.
``(a) Requirements.--
``(1) Prohibition of delivery or deposit.--Beginning 2
years after the date of enactment of this section, it shall be
unlawful to deliver to, deposit into, or accept a regulated
substance into an underground storage tank at a facility which
has been identified by the Administrator or a State
implementing agency to be ineligible for fuel delivery or
deposit.
``(2) Guidance.--Within 1 year after the date of enactment
of this section, the Administrator and States that receive
funding under this subtitle shall, in consultation with the
underground storage tank owner and product delivery industries,
for territory for which they are the primary implementing
agencies, publish guidelines detailing the specific processes
and procedures they will use to implement the provisions of
this section. The processes and procedures include, at a
minimum--
``(A) the criteria for determining which
underground storage tank facilities are ineligible for
delivery or deposit;
``(B) the mechanisms for identifying which
facilities are ineligible for delivery or deposit to
the underground storage tank owning and fuel delivery
industries;
``(C) the process for reclassifying ineligible
facilities as eligible for delivery or deposit; and
``(D) a delineation of, or a process for
determining, the specified geographic areas subject to
paragraph (4).
``(3) Delivery prohibition notice.--
``(A) Roster.--The Administrator and each State
implementing agency that receives funding under this
subtitle shall establish within 24 months after the
date of enactment of this section a Delivery
Prohibition Roster listing underground storage tanks
under the Administrator's or the State's jurisdiction
that are determined to be ineligible for delivery or
deposit pursuant to paragraph (2).
``(B) Notification.--The Administrator and each
State, as appropriate, shall make readily known, to
underground storage tank owners and operators and to
product delivery industries, the underground storage
tanks listed on a Delivery Prohibition Roster by:
``(i) posting such Rosters, including the
physical location and street address of each
listed underground storage tank, on official
web sites and, if the Administrator or the
State so chooses, other electronic means;
``(ii) updating these Rosters periodically;
and
``(iii) installing a tamper-proof tag,
seal, or other device blocking the fill pipes
of such underground storage tanks to prevent
the delivery of product into such underground
storage tanks.
``(C) Roster updates.--The Administrator and the
State shall update the Delivery Prohibition Rosters as
appropriate, but not less than once a month on the
first day of the month.
``(D) Tampering with device.--
``(i) Prohibition.--It shall be unlawful
for any person, other than an authorized
representative of the Administrator or a State,
as appropriate, to remove, tamper with,
destroy, or damage a device installed by the
Administrator or a State, as appropriate, under
subparagraph (B)(iii) of this subsection.
``(ii) Civil penalties.--Any person
violating clause (i) of this subparagraph shall
be subject to a civil penalty not to exceed
$10,000 for each violation.
``(4) Limitation.--
``(A) Rural and remote areas.--Subject to
subparagraph (B), the Administrator or a State shall
not include an underground storage tank on a Delivery
Prohibition Roster under paragraph (3) if an urgent
threat to public health, as determined by the
Administrator, does not exist and if such a delivery
prohibition would jeopardize the availability of, or
access to, fuel in any rural and remote areas.
``(B) Applicability of limitation.--The limitation
under subparagraph (A) shall apply only during the 180-
day period following the date of a determination by the
Administrator or the appropriate State that exercising
the authority of paragraph (3) is limited by
subparagraph (A).
``(b) Effect on State Authority.--Nothing in this section shall
affect the authority of a State to prohibit the delivery of a regulated
substance to an underground storage tank.
``(c) Defense to Violation.--A person shall not be in violation of
subsection (a)(1) if the underground storage tank into which a
regulated substance is delivered is not listed on the Administrator's
or the appropriate State's Prohibited Delivery Roster 7 calendar days
prior to the delivery being made.''.
(b) Enforcement.--Section 9006(d)(2) of such Act (42 U.S.C.
6991e(d)(2)) is amended as follows:
(1) By adding the following new subparagraph after
subparagraph (D):
``(E) the delivery prohibition requirement
established by section 9012,''.
(2) By adding the following new sentence at the end
thereof: ``Any person making or accepting a delivery or deposit
of a regulated substance to an underground storage tank at an
ineligible facility in violation of section 9012 shall also be
subject to the same civil penalty for each day of such
violation.''.
(c) Table of Contents.--The table of contents for such subtitle I
is amended by adding the following new item at the end thereof:
``Sec. 9012. Delivery prohibition.''.
SEC. 8. FEDERAL FACILITIES.
Section 9007 of the Solid Waste Disposal Act (42 U.S.C. 6991f) is
amended to read as follows:
``SEC. 9007. FEDERAL FACILITIES.
``(a) In General.--Each department, agency, and instrumentality of
the executive, legislative, and judicial branches of the Federal
Government (1) having jurisdiction over any underground storage tank or
underground storage tank system, or (2) engaged in any activity
resulting, or which may result, in the installation, operation,
management, or closure of any underground storage tank, release
response activities related thereto, or in the delivery, acceptance, or
deposit of any regulated substance to an underground storage tank or
underground storage tank system shall be subject to, and comply with,
all Federal, State, interstate, and local requirements, both
substantive and procedural (including any requirement for permits or
reporting or any provisions for injunctive relief and such sanctions as
may be imposed by a court to enforce such relief), respecting
underground storage tanks in the same manner, and to the same extent,
as any person is subject to such requirements, including the payment of
reasonable service charges. The Federal, State, interstate, and local
substantive and procedural requirements referred to in this subsection
include, but are not limited to, all administrative orders and all
civil and administrative penalties and fines, regardless of whether
such penalties or fines are punitive or coercive in nature or are
imposed for isolated, intermittent, or continuing violations. The
United States hereby expressly waives any immunity otherwise applicable
to the United States with respect to any such substantive or procedural
requirement (including, but not limited to, any injunctive relief,
administrative order or civil or administrative penalty or fine
referred to in the preceding sentence, or reasonable service charge).
The reasonable service charges referred to in this subsection include,
but are not limited to, fees or charges assessed in connection with the
processing and issuance of permits, renewal of permits, amendments to
permits, review of plans, studies, and other documents, and inspection
and monitoring of facilities, as well as any other nondiscriminatory
charges that are assessed in connection with a Federal, State,
interstate, or local underground storage tank regulatory program.
Neither the United States, nor any agent, employee, or officer thereof,
shall be immune or exempt from any process or sanction of any State or
Federal Court with respect to the enforcement of any such injunctive
relief. No agent, employee, or officer of the United States shall be
personally liable for any civil penalty under any Federal, State,
interstate, or local law concerning underground storage tanks with
respect to any act or omission within the scope of the official duties
of the agent, employee, or officer. An agent, employee, or officer of
the United States shall be subject to any criminal sanction (including,
but not limited to, any fine or imprisonment) under any Federal or
State law concerning underground storage tanks, but no department,
agency, or instrumentality of the executive legislative, or judicial
branch of the Federal Government shall be subject to any such sanction.
The President may exempt any underground storage tank of any
department, agency, or instrumentality in the executive branch from
compliance with such a requirement if he determines it to be in the
paramount interest of the United States to do so. No such exemption
shall be granted due to lack of appropriation unless the President
shall have specifically requested such appropriation as a part of the
budgetary process and the Congress shall have failed to make available
such requested appropriation. Any exemption shall be for a period not
in excess of one year, but additional exemptions may be granted for
periods not to exceed one year upon the President's making a new
determination. The President shall report each January to the Congress
all exemptions from the requirements of this section granted during the
preceding calendar year, together with his reason for granting each
such exemption.
``(b) Review of and Report on the Federal Underground Storage
Tanks.--
``(1) Review.--Not later than 12 months after the date of
enactment of the Underground Storage Tank Compliance Act of
2005, each Federal agency that owns or operates 1 or more
underground storage tanks, or that manages land on which 1 or
more underground storage tanks are located, shall submit to the
Administrator, the Committee on Energy and Commerce of the
United States House of Representatives, and the Committee on
the Environment and Public Works of the United States Senate a
compliance strategy report that--
``(A) lists the location and owner of each
underground storage tank described in this paragraph;
``(B) lists all tanks that are not in compliance
with this subtitle that are owned or operated by the
Federal agency;
``(C) specifies the date of the last inspection by
a State or Federal inspector of each underground
storage tank owned or operated by the agency;
``(D) lists each violation of this subtitle
respecting any underground storage tank owned or
operated by the agency;
``(E) describes the operator training that has been
provided to the operator and other persons having
primary daily on-site management responsibility for the
operation and maintenance of underground storage tanks
owned or operated by the agency; and
``(F) describes the actions that have been and will
be taken to ensure compliance for each underground
storage tank identified under subparagraph (B).
``(2) Not a safe harbor.--This subsection does not relieve
any person from any obligation or requirement under this
subtitle.''.
SEC. 9. TANKS ON TRIBAL LANDS.
(a) In General.--Subtitle I of the Solid Waste Disposal Act (42
U.S.C. 6991 et seq.) is amended by adding the following at the end
thereof:
``SEC. 9013. TANKS ON TRIBAL LANDS.
``(a) Strategy.--The Administrator, in coordination with Indian
tribes, shall, not later than 1 year after the date of enactment of
this section, develop and implement a strategy--
``(1) giving priority to releases that present the greatest
threat to human health or the environment, to take necessary
corrective action in response to releases from leaking
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; and
``(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 submit 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 subsection 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 enactment of this section.''.
(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. 10. FUTURE RELEASE CONTAINMENT TECHNOLOGY.
Not later than 2 years after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency, after
consultation with States, shall make available to the public and to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Environment and Public Works of the Senate information
on the effectiveness of alternative possible methods and means for
containing releases from underground storage tanks systems.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subtitle I of the Solid Waste Disposal 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 Administrator 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;
``(C) to carry out sections 9003(i), 9004(f), and
9005(c) $100,000,000 for each of fiscal years 2005
through 2009; and
``(D) to carry out sections 9010, 9011, 9012, and
9013 $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. 12 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 subtitle--'' 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 redesignated by
paragraph (2) of this subsection) the following:
``(1) Indian tribe.--
``(A) In general.--The term `Indian tribe' means
any Indian tribe, band, nation, or other organized
group or community that is recognized as being eligible
for special programs 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 defined 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 redesignated by
paragraph (2) of this subsection) the following:
``(9) Trust fund.--The term `Trust Fund' means the Leaking
Underground Storage Tank Trust Fund established by section 9508
of the Internal 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 inserting
``9001(7)(A)''.
(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 amended--
(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 ``subparagraphs (A)
and (B) of section 9001(10)''.
SEC. 13. 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)''.
(4) Section 9005 (42 U.S.C. 6991d) is amended--
(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 ``Environmental''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Environment and Hazardous Materials.
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