[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3231 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3231

  To amend the Solid Waste Disposal Act to bring underground storage 
 tanks into compliance with subtitle I of that Act, to promote cleanup 
 of leaking underground storage tanks, to provide sufficient resources 
        for such compliance and cleanup, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2003

Mrs. Capps (for herself and Mr. Waxman) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Solid Waste Disposal Act to bring underground storage 
 tanks into compliance with subtitle I of that Act, to promote cleanup 
 of leaking underground storage tanks, to provide sufficient resources 
        for such compliance and cleanup, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Underground Storage Tank Reform and 
Compliance Act of 2003''.

SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.

    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, of--
                            ``(i) 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 other State 
                        assurance programs; or
                            ``(iii) enforcement by the 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 regulations of the 
                Administrator under this part regarding technical 
                standards and corrective action requirements for owners 
                and operators of underground storage tanks (40 CFR part 
                280).
            ``(2) Allocation.--
                    ``(A) Process.--Subject to subparagraph (B), 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 the allocation 
                process developed by the Administrator.
                    ``(B) Revisions to process.--The Administrator may 
                revise the allocation process referred to in 
                subparagraph (A) with respect to a State only after--
                            ``(i) consulting with State agencies 
                        responsible for overseeing corrective action 
                        for releases from underground storage tanks;
                            ``(ii) taking into consideration, at a 
                        minimum--
                                    ``(I) the number of confirmed 
                                releases from underground storage tanks 
                                regulated under this subtitle in the 
                                State;
                                    ``(II) the number of underground 
                                storage tanks in the State regulated 
                                under this subtitle;
                                    ``(III) the percentage of the 
                                population of the State that uses 
                                groundwater for drinking water purposes 
                                or other beneficial uses;
                                    ``(IV) the performance of the State 
                                in implementing and enforcing the 
                                program;
                                    ``(V) the financial needs of the 
                                State;
                                    ``(VI) the State's ability to use 
                                the funds referred to in subparagraph 
                                (A) in any year; and
                                    ``(VII) the compliance rates for 
                                underground storage tanks regulated 
                                under this subtitle in the State.
            ``(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.
            ``(4) Diversion of state funds.--
                    ``(A) In general.--The Administrator may withdraw 
                the approval of any State fund or other State assurance 
                program as a financial responsibility mechanism if such 
                fund becomes unable to ensure timely corrective actions 
                for any reason, including diversion of funds from the 
                State fund or other state assurance program.
                    ``(B) State program approval.--For States approved 
                under section 9004, the withdrawal of State fund or 
                other State assurance program approval under clause (i) 
                need not require revocation of the program approval 
                granted under section 9004.''

SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS.

    Section 9005 of the Solid Waste Disposal Act (42 U.S.C. 6991d) is 
amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (2) by inserting before subsection (b) (as redesignated by 
        paragraph (1)) the following:
    ``(a) Inspection Requirements.--Not later than 2 years after the 
date of enactment of the Underground Storage Tank Reform and Compliance 
Act of 2003, and at least once every 2 years thereafter, the 
Administrator or a State with a program approved under section 9004, as 
appropriate, shall require that all underground storage tanks regulated 
under this subtitle undergo onsite inspections for compliance with 
regulations promulgated under section 9003(c).''.

SEC. 4. OPERATOR TRAINING.

    (a) In General.--Subtitle I of the Solid Waste Disposal Act (42 
U.S.C. 6991 et seq.) is amended by striking section 9010 and inserting 
the following:

``SEC. 9010. OPERATOR TRAINING.

    ``(a) Guidelines.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this section, in consultation and cooperation 
        with States and after public notice and opportunity for 
        comment, the Administrator shall publish guidelines that 
        specify training requirements for underground storage tank 
        operators and other persons having primary daily on-site 
        management responsibility for the operation and maintenance of 
        underground storage tanks.
            ``(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 this section;
                    ``(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; and
                    ``(F) such other factors as the Administrator 
                determines to be necessary to carry out this section.
    ``(b) EPA and State Programs.--
            ``(1) In general.--Not later than 1 year after the date on 
        which the Administrator publishes the guidelines under 
        subsection (a)(1), the Administrator and each State, as 
        appropriate, shall develop training requirements that are 
        consistent with the guidelines developed under subsection 
        (a)(1).
            ``(2) Requirements.--Requirements described in paragraph 
        (1) shall--
                    ``(A) be consistent with subsection (a); and
                    ``(B) take into consideration training programs 
                implemented by tank owners and tank operators as of the 
                date of enactment of this section.
            ``(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) Operators.--
            ``(1) Documentation.--After the training requirements are 
        developed by the Administrator or State, as appropriate, under 
        subsection (b), all operators of underground storage tank 
        systems and the other personnel referred to in subsection 
        (a)(1) shall submit documentation to the Administrator or 
        State, as appropriate, establishing that they have met such 
        training requirements within--
                    ``(A) 18 months;
                    ``(B) the time frame established by the 
                Administrator or State under subsection (b); or
                    ``(C) within 90 days of the date which the facility 
                at which they work is determined to be out of 
                compliance with--
                            ``(i) a requirement or standard promulgated 
                        by the Administrator under section 9003; or
                            ``(ii) a requirement or standard of a State 
                        program approved under section 9004
                whichever is sooner.
            ``(2) New employees.--After such 18-month period each 
        operator of an underground storage tank system and the other 
        personnel referred to in subsection (a)(1) who has not 
        previously received such training shall, within 90 days of 
        entering their position, submit documentation to the 
        Administrator or State, as appropriate, establishing that they 
        have met such training requirements.
            ``(3) Periodic updates.--All operators and other personnel 
        required to submit documentation under this subsection shall 
        submit updated documentation to the Administrator or State, as 
        appropriate, establishing that they have met such training 
        requirements every 5 years after submitting the original 
        documentation.''.
    (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 the Solid Waste Disposal 
Act (42 U.S.C. 6991e(d)(2)) is amended by striking ``or'' at the end of 
subparagraph (B), inserting ``;'' at the end subparagraph (C), and by 
adding the following new subparagraph after subparagraph (C):
            ``(D) the training requirements established by States 
        pursuant to section 9010 (relating to operator training);''.

SEC. 5. REMEDIATION OF CONTAMINATION 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 
                9005(c), 9011, 9012, and 9013 and paragraphs (4), (6), 
                and (8),''.
            (2) By adding at the end the following:
            ``(12) Remediation of oxygenated fuel additive 
        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 an oxygenated fuel additive that presents a 
                threat to human health, welfare, or the environment.
                    ``(B) Applicable authority.--The Administrator or a 
                State shall carry out subparagraph (A)--
                            ``(i) in accordance with paragraph (2); and
                            ``(ii) 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. 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 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 Federal Underground Storage Tanks.--
            ``(1) Review.--Not later than 9 months after the date of 
        enactment of the Underground Storage Tank Reform and Compliance 
        Act of 2003, 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 each underground storage tank described 
                in this paragraph that, as of the date of submission of 
                the report, is not in compliance with this subtitle;
                    ``(B) specifies the date of the last inspection by 
                a State or Federal inspector of each underground 
                storage tank owned or operated by the agency;
                    ``(C) lists each violation of this subtitle 
                respecting any underground storage tank owned or 
                operated by the agency and the location of such tank;
                    ``(D) 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
                    ``(E) describes the actions that have been and will 
                be taken to ensure compliance by the underground 
                storage tank with this subtitle.
            ``(2) Not a safe harbor.--This subsection does not relieve 
        any person from any obligation or requirement under this 
        subtitle.''.

SEC. 7. RELEASE PREVENTION AND COMPLIANCE.

    (a) In General.--Subtitle I of the Solid Waste Disposal Act (42 
U.S.C. 6991 and following) 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, 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 18 
        months after the date of enactment of the Underground Storage 
Tank Reform and Compliance Act of 2003, each State shall submit to the 
Administrator a State compliance report that--
                    ``(i) lists 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 
                this subtitle; and
                    ``(ii) describes the actions that have been and 
                will be taken to ensure compliance by 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) 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.
            ``(3) Availability.--The Administrator shall make the 
        public record of each State under this section available to the 
        public through an appropriate media.''.

SEC. 8. 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.--Subject to 
        subsection(b), beginning 18 months 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) Notification.--The Administrator or the State 
        implementing agency shall make readily known to the underground 
        storage tank owners and product delivery industries, the 
        facilities deemed ineligible for delivery or deposit. The 
        mechanism used to indicate facilities ineligible for delivery 
        or deposit may include tags or seals on underground storage 
        tank system fill pipes, decals posted on dispensers, lists 
        posted on web sites, or any other mechanism deemed appropriate.
            ``(3) Guidance.--Within 12 months of enactment of this 
        section, the Administrator and States 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, the following:
                    ``(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 
                subsection (b).
    ``(b) Limitations.--
            ``(1) Specified geographic areas.--Subject to paragraph 
        (2), the Administration or a State may not identify a facility 
        as ineligible for delivery or deposit if that identification 
        would jeopardize the availability of, or access to, fuel in any 
        specified geographic area.
            ``(2) Applicability of limitation.--The limitation under 
        paragraph (1) shall apply only during the 180-day period 
        following the date upon which the Administrator or State agency 
        determines a facility would have become ineligible for delivery 
        or deposit in the absence of the limitation in paragraph (1). 
        Such limitation shall not apply whenever there is a release or 
        threatened release from a tank at such facility that poses a 
        threat to human health and the environment.''.
    (b) Enforcement.--Section 9006(d)(2)(42 U.S.C. 6991e(d)(2)) of such 
Act is amended--
            (1) by adding the following new subparagraph after 
        subparagraph (D):
            ``(E) the delivery prohibition requirement established by 
        section 9012; or''; and
            (2) by adding the following new sentence at the end 
        thereof: ``Any person making 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.''

SEC. 9. SECONDARY CONTAINMENT.

    (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 thereof:
    ``(j) Secondary Containment.--
            ``(1) In general.--Any new underground storage tank system 
        installed after the effective date of this subsection, or any 
        existing underground storage tank system that is replaced after 
        the effective date of this subsection, shall be secondarily 
        contained and space between the primary and secondary 
        containment shall be monitored for leaks.
            ``(2) Limitations.--(A) In the case of the replacement of 
        an existing underground storage tank that is connected to other 
        underground storage tanks by piping, paragraph (1) shall apply 
        only to the underground storage tank being replaced and not to 
        such other underground storage tanks.
            ``(B) In the case of the replacement of existing 
        underground pipes connected to an underground storage tank, 
        paragraph (1) shall apply only to the underground pipes and not 
        to the underground storage tanks to which the pipes are 
        connected.
            ``(3) Effective date.--This subsection shall take effect 18 
        months after the date of enactment of this subsection.
            ``(4) Definitions.--As used in this subsection:
                    ``(A) The term `secondarily contained' means a 
                release detection and prevention system that meets the 
                requirements of 40 Code of Federal Regulations section 
                280.43(g) and includes double-walled tanks and piping 
                systems, dispenser liners, piping sumps, or single-
                walled tanks or piping systems that are contained 
                within a liner or an impervious barrier area as set 
                forth in 40 Code of Federal Regulations part 280.
                    ``(B) The term `underground storage tank' has the 
                meaning given to this term under section 9001, except 
                as limited with respect to tank combinations and 
                underground pipes under paragraph (2) of this 
                subsection.
            ``(5) Promulgation of regulations or guidelines.--The 
        Administrator may issue regulations or guidelines implementing 
        the requirements of paragraph (1).''.
    (b) Penalties.--Section 9006(d)(2) of such Act(42 U.S.C. 
6991e(d)(2)) is amended by adding the following new subparagraph after 
subparagraph (E):
            ``(F) the secondary containment requirements established in 
        section 9003(j).''.

SEC. 10. CRIMINAL PENALTIES.

    Section 9006 of the Solid Waste Disposal Act (42 U.S.C. 6991d) is 
amended by adding the following at the end thereof:
    ``(e) Criminal Penalties.--
            ``(1) In general.--Any person who knowingly omits material 
        information or makes any false material statement or 
        representation in documentation used to comply with, or to 
        demonstrate compliance with, the requirements of this subtitle 
        shall, upon conviction, be subject to a fine of not more than 
        $50,000 for each false statement or misrepresentation, or 
        imprisonment not to exceed two years. If the conviction of such 
        person under this subsection is for a violation after a first 
        conviction of such person under this subsection, the maximum 
        punishment shall be doubled with respect to both fine and 
        imprisonment. Such documentation includes, but is not limited 
        to, testing results for, or demonstration of compliance with, 
        release detection, corrosion protection, or financial 
        responsibility provisions; release reporting; site assessments 
        sampling results and reports; and corrective action testing and 
        reporting.
            ``(2) Knowing endangerment.--Any person who knowingly 
        violates any requirement of this subtitle or of the regulations 
        under this subtitle who knows at that time that he thereby 
        places another person in imminent danger of death or serious 
        bodily injury, shall, upon conviction, be subject to a fine of 
        not more than $250,000 or imprisonment for not more than 
        fifteen years, or both. A defendant that is an organization 
        shall, upon conviction of violating this subsection, be subject 
        to a fine of not more than $1,000,000.''.

SEC. 11. COMMUNITY RIGHT TO KNOW.

    (a) In General.--Subtitle I of the Solid Waste Disposal Act (42 
U.S.C. 6991 and following) is amended by adding the following new 
section at the end thereof:

``SEC. 9013. COMMUNITY RIGHT TO KNOW.

    ``(a) In General.--The Administrator or a State that receives 
funding from this subtitle, as appropriate, shall make available to the 
public, on a publicly available web site, the names and locations of 
each underground storage tank facility--
            ``(1) determined to be out of compliance with underground 
        storage tank regulatory provisions by the Administrator or 
        State, as appropriate; or
            ``(2) with confirmed releases.
Such information shall be updated at least on a quarterly basis.
    ``(b) Facilities Determined to be Out of Compliance.--For 
facilities determined to be out of compliance with underground storage 
tank regulatory provisions, the web site shall include the date of the 
determination of noncompliance, the nature of each violation, and, to 
the extent practicable, the status of efforts to return to compliance.
    ``(c) Facilities With Confirmed Releases.--For facilities with 
confirmed releases, the web site should include the date of the 
confirmed releases, the substance released, the current status of the 
cleanup, and, to the extent practicable, the extent of the 
contamination.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date 18 months after the enactment of this Act.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    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--
            ``(1) to carry out subtitle I (except sections 9003(h), 
        9005(c), 9011, and 9012) $50,000,000 for each of fiscal years 
        2004 through 2008; and
            ``(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 2004 
                through 2008;
                    ``(B) to carry out section 9003(h)(12)--
                            ``(i) $200,000,000 for each of fiscal years 
                        2004 and 2005; and
                            ``(ii) $150,000,000 for each of fiscal 
                        years 2006 through 2008;
                    ``(C) to carry out section 9005(c) $60,000,000 for 
                each of fiscal years 2004 through 2008; and
                    ``(D) to carry out section 9011 and 9012 (except 
                for activities where funds are made available under 
                9005(c)) $100,000,000 for each of fiscal years 2004 
                through 2008.''.

SEC. 13. CONFORMING AMENDMENTS.

    (a) Definitions.--Section 9001 of the Solid Waste Disposal Act (42 
U.S.C. 6991) is amended--
            (1) by striking ``For the purposes of this subtitle--'' and 
        inserting ``For the purposes of this subtitle:''; and
            (2) by inserting after paragraph (8) the following:
            ``(9) Trust fund.--The terms `Trust Fund' and `Leaking 
        Underground Storage Tank Trust Fund' mean the Leaking 
        Underground Storage Tank Trust Fund established by section 9508 
        of the Internal Revenue Code of 1986.''.
    (b) Conforming Amendments.--(1) Section 1001 of the Solid Waste 
Disposal Act (42 U.S.C. prec. 6901) is amended in the table of 
contents--
            (A) in the item relating to section 9002, by inserting 
        ``and public records'' after ``Notification''; and
            (B) by striking the item relating to section 9010 and 
        inserting the following:

``Sec. 9010. Operator training.
``Sec. 9011. Use of funds for release prevention and compliance.
``Sec. 9012. Delivery prohibition.
``Sec. 9013. Community right to know.
``Sec. 9014. Authorization of appropriations.''.
    (2) Section 9002 of the Solid Waste Disposal Act (42 U.S.C. 6991a) 
is amended in the section heading by inserting ``and public records'' 
after ``notification''.
    (3) Section 9003(f) of the Solid Waste Disposal Act (42 U.S.C. 
6991b(f)) is amended--
            (A) in paragraph (1), by striking ``9001(2)(B)'' and 
        inserting ``9001''; and
            (B) in paragraphs (2) and (3), by striking ``9001(2)(A)'' 
        each place it appears and inserting ``9001''.
    (4) Section 9009 of the Solid Waste Disposal Act (42 U.S.C. 6991h) 
is amended in subsection (a), by striking ``9001(2)(B)'' and inserting 
``9001''.
    (5) Section 2007(f) of such Act is repealed.

SEC. 14. TECHNICAL AMENDMENTS.

    (a) Section 9001.--Section 9001(3)(A) of the Solid Waste Disposal 
Act (42 U.S.C. 6991(4)(A)) is amended by striking ``sustances'' and 
inserting ``substances''.
    (b) Section 9003.--Section 9003(f)(1) of the Solid Waste Disposal 
Act (42 U.S.C. 6991b(f)(1)) is amended by striking ``subsection (c) and 
(d) of this section'' and inserting ``subsections (c) and (d)''.
    (c) Section 9004.--Section 9004(a) of the Solid Waste Disposal Act 
(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(2)''.
    (d) Section 9005.--Section 9005 of the Solid Waste Disposal Act (42 
U.S.C. 6991d) is amended--
            (1) in subsection (a), by striking ``study taking'' and 
        inserting ``study, taking'';
            (2) in subsection (b)(1), by striking ``relevent'' and 
        inserting ``relevant''; and
            (3) in subsection (b)(4), by striking ``Evironmental'' and 
        inserting ``Environmental''.
                                 <all>