[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 195 Reported in Senate (RS)]






                                                        Calendar No. 25
108th CONGRESS
  1st Session
                                 S. 195

                          [Report No. 108-13]

  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 SENATE OF THE UNITED STATES

                            January 17, 2003

Mr. Chafee (for himself, Mr. Inhofe, Mr. Jeffords, Mr. Carper, and Mr. 
    Warner) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                             March 5, 2003

               Reported by Mr. Inhofe, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Underground Storage Tank 
Compliance Act of 2003''.</DELETED>

<DELETED>SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.</DELETED>

<DELETED>    Section 9004 of the Solid Waste Disposal Act (42 U.S.C. 
6991c) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(f) Trust Fund Distribution.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) actions taken by the State 
                        under section 9003(h)(7)(A);</DELETED>
                        <DELETED>    ``(ii) necessary administrative 
                        expenses, as determined by the Administrator, 
                        that are directly related to corrective action 
                        and compensation programs under subsection 
                        (c)(1);</DELETED>
                        <DELETED>    ``(iii) any corrective action and 
                        compensation program carried out under 
                        subsection (c)(1) for a release from an 
                        underground storage tank regulated under this 
                        subtitle to the extent that, as determined by 
                        the State in accordance with guidelines 
                        developed jointly by the Administrator and the 
                        State, the financial resources of the owner or 
                        operator of the underground storage tank 
                        (including resources provided by a program in 
                        accordance with subsection (c)(1)) are not 
                        adequate to pay the cost of a corrective action 
                        without significantly impairing the ability of 
                        the owner or operator to continue in 
                        business;</DELETED>
                        <DELETED>    ``(iv) enforcement by the State or 
                        a local government of State or local 
                        regulations pertaining to underground storage 
                        tanks regulated under this subtitle; 
                        or</DELETED>
                        <DELETED>    ``(v) State or local corrective 
                        actions carried out under regulations 
                        promulgated under section 9003(c)(4).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Prohibited uses.--Except as provided 
                in subparagraph (A)(iii), under any similar requirement 
                of a State program approved under this section, or in 
                any similar State or local provision as determined by 
                the Administrator, 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 part 280 of title 40, 
                Code of Federal Regulations (as in effect on the date 
                of enactment of this subsection).</DELETED>
        <DELETED>    ``(2) Allocation.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Revisions to process.--The 
                Administrator may revise the allocation process 
                referred to in subparagraph (A) with respect to a State 
                only after--</DELETED>
                        <DELETED>    ``(i) consulting with--</DELETED>
                                <DELETED>    ``(I) State agencies 
                                responsible for overseeing corrective 
                                action for releases from underground 
                                storage tanks;</DELETED>
                                <DELETED>    ``(II) owners; 
                                and</DELETED>
                                <DELETED>    ``(III) operators; 
                                and</DELETED>
                        <DELETED>    ``(ii) taking into consideration, 
                        at a minimum--</DELETED>
                                <DELETED>    ``(I) the total tax 
                                revenue contributed to the Trust Fund 
                                from all sources within the 
                                State;</DELETED>
                                <DELETED>    ``(II) the number of 
                                confirmed releases from federally 
                                regulated underground storage tanks in 
                                the State;</DELETED>
                                <DELETED>    ``(III) the number of 
                                federally regulated underground storage 
                                tanks in the State;</DELETED>
                                <DELETED>    ``(IV) the percentage of 
                                the population of the State that uses 
                                groundwater for any beneficial 
                                purpose;</DELETED>
                                <DELETED>    ``(V) the performance of 
                                the State in implementing and enforcing 
                                the program;</DELETED>
                                <DELETED>    ``(VI) the financial needs 
                                of the State; and</DELETED>
                                <DELETED>    ``(VII) the ability of the 
                                State to use the funds referred to in 
                                subparagraph (A) in any year.</DELETED>
        <DELETED>    ``(3) Distributions to state agencies.--
        Distributions from the Trust Fund under this subsection shall 
        be made directly to a State agency that--</DELETED>
                <DELETED>    ``(A) enters into a cooperative agreement 
                referred to in paragraph (2)(A); or</DELETED>
                <DELETED>    ``(B) is enforcing a State program 
                approved under this section.</DELETED>
        <DELETED>    ``(4) Cost recovery prohibition.--Funds from the 
        Trust Fund provided by States to owners or operators under 
        paragraph (1)(A)(iii) shall not be subject to cost recovery by 
        the Administrator under section 9003(h)(6).''.</DELETED>

<DELETED>SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS.</DELETED>

<DELETED>    Section 9005 of the Solid Waste Disposal Act (42 U.S.C. 
6991d) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (a) and (b) as 
        subsections (b) and (c), respectively; and</DELETED>
        <DELETED>    (2) by inserting before subsection (b) (as 
        redesignated by paragraph (1)) the following:</DELETED>
<DELETED>    ``(a) Inspection Requirements.--Not later than 2 years 
after the date of enactment of the Underground Storage Tank 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).''.</DELETED>

<DELETED>SEC. 4. OPERATOR TRAINING.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 9010. OPERATOR TRAINING.</DELETED>

<DELETED>    ``(a) Guidelines.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 2 years after 
        the date of enactment of the Underground Storage Tank 
        Compliance Act of 2003, in cooperation with States, owners, and 
        operators, the Administrator shall publish in the Federal 
        Register, after public notice and opportunity for comment, 
        guidelines that specify methods for training operators of 
        underground storage tanks.</DELETED>
        <DELETED>    ``(2) Considerations.--The guidelines described in 
        paragraph (1) shall take into account--</DELETED>
                <DELETED>    ``(A) State training programs in existence 
                as of the date of publication of the 
                guidelines;</DELETED>
                <DELETED>    ``(B) training programs that are being 
                employed by owners and operators as of the date of 
                enactment of this paragraph;</DELETED>
                <DELETED>    ``(C) the high turnover rate of 
                operators;</DELETED>
                <DELETED>    ``(D) the frequency of improvement in 
                underground storage tank equipment 
                technology;</DELETED>
                <DELETED>    ``(E) the nature of the businesses in 
                which the operators are engaged; and</DELETED>
                <DELETED>    ``(F) such other factors as the 
                Administrator determines to be necessary to carry out 
                this section.</DELETED>
<DELETED>    ``(b) State Programs.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 2 years after 
        the date on which the Administrator publishes the guidelines 
        under subsection (a)(1), each State shall develop and implement 
        a strategy for the training of operators of underground storage 
        tanks that is consistent with paragraph (2).</DELETED>
        <DELETED>    ``(2) Requirements.--A State strategy described in 
        paragraph (1) shall--</DELETED>
                <DELETED>    ``(A) be consistent with subsection 
                (a);</DELETED>
                <DELETED>    ``(B) be developed in cooperation with 
                owners and operators; and</DELETED>
                <DELETED>    ``(C) take into consideration training 
                programs implemented by owners and operators as of the 
                date of enactment of this subsection.</DELETED>
        <DELETED>    ``(3) Financial incentive.--The Administrator may 
        award to a State that develops and implements a strategy 
        described in paragraph (1), in addition to any funds that the 
        State is entitled to receive under this subtitle, not more than 
        $50,000, to be used to carry out the strategy.''.</DELETED>

<DELETED>SEC. 5. REMEDIATION OF MTBE CONTAMINATION.</DELETED>

<DELETED>    Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 
6991b(h)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (7)(A)--</DELETED>
                <DELETED>    (A) by striking ``paragraphs (1) and (2) 
                of this subsection'' and inserting ``paragraphs (1), 
                (2), and (12)''; and</DELETED>
                <DELETED>    (B) by striking ``, and including the 
                authorities of paragraphs (4), (6), and (8) of this 
                subsection'' and inserting ``and the authority under 
                sections 9005(a) and 9011 and paragraphs (4), (6), and 
                (8),''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(12) Remediation of mtbe contamination.--
        </DELETED>
                <DELETED>    ``(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 methyl tertiary butyl ether that 
                presents a threat to human health or welfare or the 
                environment.</DELETED>
                <DELETED>    ``(B) Applicable authority.--The 
                Administrator or a State shall carry out subparagraph 
                (A)--</DELETED>
                        <DELETED>    ``(i) in accordance with paragraph 
                        (2), except that a release with respect to 
                        which a corrective action is carried out under 
                        subparagraph (A) shall not be required to be 
                        from an underground storage tank; and</DELETED>
                        <DELETED>    ``(ii) in the case of a State, in 
                        accordance with a cooperative agreement entered 
                        into by the Administrator and the State under 
                        paragraph (7).''.</DELETED>

<DELETED>SEC. 6. RELEASE PREVENTION, COMPLIANCE, AND 
              ENFORCEMENT.</DELETED>

<DELETED>    (a) Release Prevention and Compliance.--Subtitle I of the 
Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) (as amended by 
section 4) is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND 
              COMPLIANCE.</DELETED>

<DELETED>    ``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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) by the Administrator, under this subtitle 
        (including under a State program approved under section 
        9004).''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(i) Government-Owned Tanks.--</DELETED>
        <DELETED>    ``(1) Implementation report.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 2 years 
                after the date of enactment of this subsection, each 
                State shall submit to the Administrator an 
                implementation report that--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Underground storage tank.--An 
                underground storage tank described in this subparagraph 
                is an underground storage tank that is--</DELETED>
                        <DELETED>    ``(i) regulated under this 
                        subtitle; and</DELETED>
                        <DELETED>    ``(ii) owned or operated by the 
                        State government or any local 
                        government.</DELETED>
                <DELETED>    ``(C) Public availability.--The 
                Administrator shall make each report received under 
                subparagraph (A) available to the public on the 
                Internet.</DELETED>
        <DELETED>    ``(2) Financial incentive.--The Administrator may 
        award to a State that develops an implementation report 
        described in paragraph (1), in addition to any funds that the 
        State is entitled to receive under this subtitle, not more than 
        $50,000, to be used to carry out the implementation 
        report.</DELETED>
        <DELETED>    ``(3) Not a safe harbor.--This subsection does not 
        relieve any person from any obligation or requirement under 
        this subtitle.''.</DELETED>
<DELETED>    (c) Incentives for Performance.--Section 9006 of the Solid 
Waste Disposal Act (42 U.S.C. 6991e) is amended by adding at the end 
the following:</DELETED>
<DELETED>    ``(e) Incentives for Performance.--In determining the 
terms of a compliance order under subsection (a), or the amount of a 
civil penalty under subsection (d), the Administrator, or a State under 
a program approved under section 9004, may take into consideration 
whether an owner or operator--</DELETED>
        <DELETED>    ``(1) has a history of operating underground 
        storage tanks of the owner or operator in accordance with--
        </DELETED>
                <DELETED>    ``(A) this subtitle; or</DELETED>
                <DELETED>    ``(B) a State program approved under 
                section 9004;</DELETED>
        <DELETED>    ``(2) has repeatedly violated--</DELETED>
                <DELETED>    ``(A) this subtitle; or</DELETED>
                <DELETED>    ``(B) a State program approved under 
                section 9004; or</DELETED>
        <DELETED>    ``(3) has implemented a program, consistent with 
        guidelines published under section 9010, that provides training 
        to persons responsible for operating any underground storage 
        tank of the owner or operator.''.</DELETED>
<DELETED>    (d) Authority To Prohibit Certain Deliveries.--Section 
9006 of the Solid Waste Disposal Act (42 U.S.C. 6991e) (as amended by 
subsection (c)) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(f) Authority To Prohibit Certain Deliveries.--
</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraph (2), 
        beginning 180 days after the date of enactment of this 
        subsection, the Administrator or a State may prohibit the 
        delivery of regulated substances to underground storage tanks 
        that are not in compliance with--</DELETED>
                <DELETED>    ``(A) a requirement or standard 
                promulgated by the Administrator under section 9003; 
                or</DELETED>
                <DELETED>    ``(B) a requirement or standard of a State 
                program approved under section 9004.</DELETED>
        <DELETED>    ``(2) Limitations.--</DELETED>
                <DELETED>    ``(A) Specified geographic areas.--Subject 
                to subparagraph (B), under paragraph (1), the 
                Administrator or a State shall not prohibit a delivery 
                if the prohibition would jeopardize the availability 
                of, or access to, fuel in any specified geographic 
                area.</DELETED>
                <DELETED>    ``(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 that exercising the 
                authority of paragraph (1) is limited by subparagraph 
                (A).</DELETED>
                <DELETED>    ``(C) Guidelines.--Not later than 18 
                months after the date of enactment of this subsection, 
                the Administrator shall issue guidelines that define 
                the term `specified geographic area' for the purpose of 
                subparagraph (A).</DELETED>
        <DELETED>    ``(3) Authority to issue guidelines.--Subject to 
        paragraph (2)(C), the Administrator, after consultation with 
        States, may issue guidelines for carrying out this 
        subsection.</DELETED>
        <DELETED>    ``(4) Enforcement, compliance, and penalties.--The 
        Administrator may use the authority under the enforcement, 
        compliance, or penalty provisions of this subtitle to carry out 
        this subsection.</DELETED>
        <DELETED>    ``(5) Effect on state authority.--Nothing in this 
        subsection affects the authority of a State to prohibit the 
        delivery of a regulated substance to an underground storage 
        tank.''.</DELETED>
<DELETED>    (e) Public Record.--Section 9002 of the Solid Waste 
Disposal Act (42 U.S.C. 6991a) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(d) Public Record.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator shall require 
        each State and Indian tribe 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 and Indian tribes), a record of underground storage 
        tanks regulated under this subtitle.</DELETED>
        <DELETED>    ``(2) Considerations.--To the maximum extent 
        practicable, the public record of a State or Indian tribe, 
        respectively, shall include, for each year--</DELETED>
                <DELETED>    ``(A) the number, sources, and causes of 
                underground storage tank releases in the State or 
                tribal area;</DELETED>
                <DELETED>    ``(B) the record of compliance by 
                underground storage tanks in the State or tribal area 
                with--</DELETED>
                        <DELETED>    ``(i) this subtitle; or</DELETED>
                        <DELETED>    ``(ii) an applicable State program 
                        approved under section 9004; and</DELETED>
                <DELETED>    ``(C) data on the number of underground 
                storage tank equipment failures in the State or tribal 
                area.</DELETED>
        <DELETED>    ``(3) Availability.--The Administrator shall make 
        the public record of each State and Indian tribe under this 
        section available to the public electronically.''.</DELETED>

<DELETED>SEC. 7. FEDERAL FACILITIES.</DELETED>

<DELETED>    Section 9007 of the Solid Waste Disposal Act (42 U.S.C. 
6991f) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(c) Review of, and Report on, Federal Underground 
Storage Tanks.--</DELETED>
        <DELETED>    ``(1) Review.--Not later than 1 year after the 
        date of enactment of this subsection, the Administrator, in 
        cooperation with 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 review the 
        status of compliance of those underground storage tanks with 
        this subtitle.</DELETED>
        <DELETED>    ``(2) Implementation report.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 2 years 
                after the date of enactment of this subsection, each 
                Federal agency described in paragraph (1) shall submit 
                to the Administrator and to each State in which an 
                underground storage tank described in paragraph (1) is 
                located an implementation report that--</DELETED>
                        <DELETED>    ``(i) lists each underground 
                        storage tank described in paragraph (1) that, 
                        as of the date of submission of the report, is 
                        not in compliance with this subtitle; 
                        and</DELETED>
                        <DELETED>    ``(ii) describes the actions that 
                        have been and will be taken to ensure 
                        compliance by the underground storage tank with 
                        this subtitle.</DELETED>
                <DELETED>    ``(B) Public availability.--The 
                Administrator shall make each report received under 
                subparagraph (A) available to the public on the 
                Internet.</DELETED>
        <DELETED>    ``(3) Not a safe harbor.--This subsection does not 
        relieve any person from any obligation or requirement under 
        this subtitle.</DELETED>
<DELETED>    ``(d) Applicability of Certain Requirements.--Section 
6001(a) shall apply to each department, agency, and instrumentality 
covered by subsection (a).''.</DELETED>

<DELETED>SEC. 8. TANKS UNDER THE JURISDICTION OF INDIAN 
              TRIBES.</DELETED>

<DELETED>    Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 
et seq.) (as amended by section 6(a)) is amended by adding at the end 
the following:</DELETED>

<DELETED>``SEC. 9012. TANKS UNDER THE JURISDICTION OF INDIAN 
              TRIBES.</DELETED>

<DELETED>    ``(a) In General.--The Administrator, in coordination with 
Indian tribes, shall--</DELETED>
        <DELETED>    ``(1) not later than 1 year after the date of 
        enactment of this section, develop and implement a strategy--
        </DELETED>
                <DELETED>    ``(A) 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--
                </DELETED>
                        <DELETED>    ``(i) an Indian reservation; 
                        or</DELETED>
                        <DELETED>    ``(ii) any other area under the 
                        jurisdiction of an Indian tribe; and</DELETED>
                <DELETED>    ``(B) to implement and enforce 
                requirements concerning underground storage tanks 
                located wholly within the boundaries of--</DELETED>
                        <DELETED>    ``(i) an Indian reservation; 
                        or</DELETED>
                        <DELETED>    ``(ii) any other area under the 
                        jurisdiction of an Indian tribe;</DELETED>
        <DELETED>    ``(2) not later than 2 years after the date of 
        enactment of this section and every 2 years thereafter, submit 
        to Congress a report that summarizes the status of 
        implementation and enforcement of the underground storage tank 
        program in areas located wholly within--</DELETED>
                <DELETED>    ``(A) the boundaries of Indian 
                reservations; and</DELETED>
                <DELETED>    ``(B) any other areas under the 
                jurisdiction of an Indian tribe; and</DELETED>
        <DELETED>    ``(3) make the report described in paragraph (2) 
        available to the public on the Internet.</DELETED>
<DELETED>    ``(b) Not a Safe Harbor.--This section does not relieve 
any person from any obligation or requirement under this 
subtitle.</DELETED>
<DELETED>    ``(c) 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.''.</DELETED>

<DELETED>SEC. 9. STATE AUTHORITY.</DELETED>

<DELETED>    Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 
et seq.) (as amended by section 8) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 9013. STATE AUTHORITY.</DELETED>

<DELETED>    ``Nothing in this subtitle precludes a State from 
establishing any requirement that is more stringent than a requirement 
under this subtitle.''.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 
et seq.) (as amended by section 9) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``There are authorized to be appropriated to the 
Administrator--</DELETED>
        <DELETED>    ``(1) to carry out subtitle I (except sections 
        9003(h), 9005(a), and 9011) $25,000,000 for each of fiscal 
        years 2004 through 2008; and</DELETED>
        <DELETED>    ``(2) from the Trust Fund, notwithstanding section 
        9508(c)(1) of the Internal Revenue Code of 1986--</DELETED>
                <DELETED>    ``(A) to carry out section 9003(h) (except 
                section 9003(h)(12)) $150,000,000 for each of fiscal 
                years 2004 through 2008;</DELETED>
                <DELETED>    ``(B) to carry out section 9003(h)(12), 
                $125,000,000 for each of fiscal years 2004 through 
                2008;</DELETED>
                <DELETED>    ``(C) to carry out section 9005(a)--
                </DELETED>
                        <DELETED>    ``(i) $35,000,000 for each of 
                        fiscal years 2004 and 2005; and</DELETED>
                        <DELETED>    ``(ii) $20,000,000 for each of 
                        fiscal years 2006 through 2009; and</DELETED>
                <DELETED>    ``(D) to carry out section 9011--
                </DELETED>
                        <DELETED>    ``(i) $50,000,000 for fiscal year 
                        2004; and</DELETED>
                        <DELETED>    ``(ii) $30,000,000 for each of 
                        fiscal years 2005 through 2009.''.</DELETED>

<DELETED>SEC. 11. CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Definitions.--Section 9001 of the Solid Waste Disposal 
Act (42 U.S.C. 6991) is amended--</DELETED>
        <DELETED>    (1) by striking ``For the purposes of this 
        subtitle--'' and inserting ``In this subtitle:'';</DELETED>
        <DELETED>    (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, and reordering the 
        paragraphs so as to appear in numerical order;</DELETED>
        <DELETED>    (3) by inserting before paragraph (2) (as 
        redesignated by paragraph (2)) the following:</DELETED>
        <DELETED>    ``(1) Indian tribe.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (4) by inserting after paragraph (8) (as 
        redesignated by paragraph (2)) the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 1001 of the Solid Waste Disposal Act 
        (42 U.S.C. prec. 6901) is amended in the table of contents--
        </DELETED>
                <DELETED>    (A) in the item relating to section 9002, 
                by inserting ``and public records'' after 
                ``Notification''; and</DELETED>
                <DELETED>    (B) by striking the item relating to 
                section 9010 and inserting the following:</DELETED>

<DELETED>``Sec. 9010. Operator training.
<DELETED>``Sec. 9011. Use of funds for release prevention and 
                            compliance.
<DELETED>``Sec. 9012. Tanks under the jurisdiction of Indian tribes.
<DELETED>``Sec. 9013. State authority.
<DELETED>``Sec. 9014. Authorization of appropriations.''.
        <DELETED>    (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''.</DELETED>
        <DELETED>    (3) Section 9003(f) of the Solid Waste Disposal 
        Act (42 U.S.C. 6991b(f)) is amended--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``9001(2)(B)'' and inserting ``9001(7)(B)''; 
                and</DELETED>
                <DELETED>    (B) in paragraphs (2) and (3), by striking 
                ``9001(2)(A)'' each place it appears and inserting 
                ``9001(7)(A)''.</DELETED>
        <DELETED>    (4) Section 9003(h) of the Solid Waste Disposal 
        Act (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''.</DELETED>
        <DELETED>    (5) Section 9009 of the Solid Waste Disposal Act 
        (42 U.S.C. 6991h) is amended--</DELETED>
                <DELETED>    (A) in subsection (a), by striking 
                ``9001(2)(B)'' and inserting ``9001(7)(B)''; 
                and</DELETED>
                <DELETED>    (B) in subsection (d), by striking 
                ``section 9001(1) (A) and (B)'' and inserting 
                ``subparagraphs (A) and (B) of section 
                9001(10)''.</DELETED>

<DELETED>SEC. 12. TECHNICAL AMENDMENTS.</DELETED>

<DELETED>    (a) Section 9001(4)(A) of the Solid Waste Disposal Act (42 
U.S.C. 6991(4)(A)) (as amended by section 11(a)(2)) is amended by 
striking ``sustances'' and inserting ``substances''.</DELETED>
<DELETED>    (b) 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)''.</DELETED>
<DELETED>    (c) 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(7)''.</DELETED>
<DELETED>    (d) Section 9005 of the Solid Waste Disposal Act (42 
U.S.C. 6991d) (as amended by section 3) is amended--</DELETED>
        <DELETED>    (1) in subsection (b), by striking ``study 
        taking'' and inserting ``study, taking'';</DELETED>
        <DELETED>    (2) in subsection (c)(1), by striking ``relevent'' 
        and inserting ``relevant''; and</DELETED>
        <DELETED>    (3) in subsection (c)(4), by striking 
        ``Evironmental'' and inserting ``Environmental''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Underground Storage Tank 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 corrective action and 
                        compensation programs under subsection (c)(1);
                            ``(iii) any corrective action and 
                        compensation program carried out under 
                        subsection (c)(1) for a release from an 
                        underground storage tank regulated under this 
                        subtitle to the extent that, as determined by 
                        the State in accordance with guidelines 
                        developed jointly by the Administrator and the 
                        State, the financial resources of the owner or 
                        operator of the underground storage tank 
                        (including resources provided by a program in 
                        accordance with subsection (c)(1)) are not 
                        adequate to pay the cost of a corrective action 
                        without significantly impairing the ability of 
                        the owner or operator to continue in business;
                            ``(iv) enforcement by the State or a local 
                        government of State or local regulations 
                        pertaining to underground storage tanks 
                        regulated under this subtitle; or
                            ``(v) State or local corrective actions 
                        carried out under regulations promulgated under 
                        section 9003(c)(4).
                    ``(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.--Except as provided in 
                subparagraph (A)(iii), under any similar requirement of 
                a State program approved under this section, or in any 
                similar State or local provision as determined by the 
                Administrator, 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 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 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--
                                    ``(I) State agencies responsible 
                                for overseeing corrective action for 
                                releases from underground storage 
                                tanks;
                                    ``(II) owners; and
                                    ``(III) operators; and
                            ``(ii) taking into consideration, at a 
                        minimum--
                                    ``(I) the total tax revenue 
                                contributed to the Trust Fund from all 
                                sources within the State;
                                    ``(II) the number of confirmed 
                                releases from federally regulated 
                                underground storage tanks in the State;
                                    ``(III) the number of federally 
                                regulated underground storage tanks in 
                                the State;
                                    ``(IV) the percentage of the 
                                population of the State that uses 
                                groundwater for any beneficial purpose;
                                    ``(V) the performance of the State 
                                in implementing and enforcing the 
                                program;
                                    ``(VI) the financial needs of the 
                                State; and
                                    ``(VII) the ability of the State 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.
            ``(4) Cost recovery prohibition.--Funds from the Trust Fund 
        provided by States to owners or operators under paragraph 
        (1)(A)(iii) shall not be subject to cost recovery by the 
        Administrator under section 9003(h)(6).''.

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 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.

    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 2 years after the date of 
        enactment of the Underground Storage Tank Compliance Act of 
        2003, in cooperation with States, owners, and operators, the 
        Administrator shall publish in the Federal Register, after 
        public notice and opportunity for comment, guidelines that 
        specify methods for training operators 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 
                owners and operators as of the date of enactment of 
                this paragraph;
                    ``(C) the high turnover rate of operators;
                    ``(D) the frequency of improvement in underground 
                storage tank equipment technology;
                    ``(E) the nature of the businesses in which the 
                operators are engaged; and
                    ``(F) 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 shall develop and implement a 
        strategy for the training of operators of underground storage 
        tanks that is consistent with paragraph (2).
            ``(2) Requirements.--A State strategy described in 
        paragraph (1) shall--
                    ``(A) be consistent with subsection (a);
                    ``(B) be developed in cooperation with owners and 
                operators; and
                    ``(C) take into consideration training programs 
                implemented by owners and operators as of the date of 
                enactment of this subsection.
            ``(3) Financial incentive.--The Administrator may award to 
        a State that develops and implements a strategy described in 
        paragraph (1), in addition to any funds that the State is 
        entitled to receive under this subtitle, not more than $50,000, 
        to be used to carry out the strategy.''.

SEC. 5. REMEDIATION OF MTBE CONTAMINATION.

    Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 
6991b(h)) is amended--
            (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(a) and 9011 and paragraphs (4), (6), and (8),''; 
                and
            (2) by adding at the end the following:
            ``(12) Remediation of mtbe 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 methyl tertiary butyl ether 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)--
                            ``(i) in accordance with paragraph (2), 
                        except that a release with respect to which a 
                        corrective action is carried out under 
                        subparagraph (A) shall not be required to be 
                        from an underground storage tank; 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. 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.) (as amended by section 4) 
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) Implementation report.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this subsection, each State shall 
                submit to the Administrator an implementation 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) Underground storage tank.--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 State 
                        government or any local government.
                    ``(C) Public availability.--The Administrator shall 
                make each report received under subparagraph (A) 
                available to the public on the Internet.
            ``(2) Financial incentive.--The Administrator may award to 
        a State that develops an implementation report described in 
        paragraph (1), in addition to any funds that the State is 
        entitled to receive under this subtitle, not more than $50,000, 
        to be used to carry out the implementation report.
            ``(3) Not a safe harbor.--This subsection does not relieve 
        any person from any obligation or requirement under this 
        subtitle.''.
    (c) Incentives 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) Incentives for Performance.--In determining the terms of a 
compliance order under subsection (a), or the amount of a civil penalty 
under subsection (d), the Administrator, or a State under a program 
approved under section 9004, may take into consideration whether an 
owner or operator--
            ``(1) has a history of operating underground storage tanks 
        of the owner or operator in accordance with--
                    ``(A) this subtitle; or
                    ``(B) a State program approved under section 9004;
            ``(2) has repeatedly violated--
                    ``(A) this subtitle; or
                    ``(B) a State program approved under section 9004; 
                or
            ``(3) has implemented a program, consistent with guidelines 
        published under section 9010, that provides training to persons 
        responsible for operating any underground storage tank of the 
        owner or operator.''.
    (d) Authority To Prohibit Certain Deliveries.--Section 9006 of the 
Solid Waste Disposal Act (42 U.S.C. 6991e) (as amended by subsection 
(c)) is amended by adding at the end the following:
    ``(f) Authority To Prohibit Certain Deliveries.--
            ``(1) In general.--Subject to paragraph (2), beginning 180 
        days after the date of enactment of this subsection, the 
        Administrator or a State may prohibit the delivery of regulated 
        substances to underground storage tanks that are not in 
        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.
            ``(2) Limitations.--
                    ``(A) Specified geographic areas.--Subject to 
                subparagraph (B), under paragraph (1), the 
                Administrator or a State shall not prohibit a delivery 
                if the prohibition would jeopardize the availability 
                of, or access to, fuel in any specified geographic 
                area.
                    ``(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 that exercising the authority of 
                paragraph (1) is limited by subparagraph (A).
                    ``(C) Guidelines.--Not later than 18 months after 
                the date of enactment of this subsection, the 
                Administrator shall issue guidelines that define the 
                term `specified geographic area' for the purpose of 
                subparagraph (A).
            ``(3) Authority to issue guidelines.--Subject to paragraph 
        (2)(C), the Administrator, after consultation with States, may 
        issue guidelines for carrying out this subsection.
            ``(4) Enforcement, compliance, and penalties.--The 
        Administrator may use the authority under the enforcement, 
        compliance, or penalty provisions of this subtitle to carry out 
        this subsection.
            ``(5) Effect on state authority.--Nothing in this 
        subsection affects the authority of a State to prohibit the 
        delivery of a regulated substance to an underground storage 
        tank.''.
    (e) 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 and Indian tribe 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 
        and Indian tribes), a record of underground storage tanks 
        regulated under this subtitle.
            ``(2) Considerations.--To the maximum extent practicable, 
        the public record of a State or Indian tribe, respectively, 
        shall include, for each year--
                    ``(A) the number, sources, and causes of 
                underground storage tank releases in the State or 
                tribal area;
                    ``(B) the record of compliance by underground 
                storage tanks in the State or tribal area 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 or tribal area.
            ``(3) Availability.--The Administrator shall make the 
        public record of each State and Indian tribe under this section 
        available to the public electronically.''.

SEC. 7. FEDERAL FACILITIES.

    Section 9007 of the Solid Waste Disposal Act (42 U.S.C. 6991f) is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Applicability of Subtitle.--
            ``(1) In general.--Section 6001(a) shall apply to each 
        department, agency, and instrumentality in the executive, 
        legislative, or judicial branch of the Federal Government 
        having jurisdiction over--
                    ``(A) any underground storage tank or underground 
                storage tank system (as defined in section 280.12 of 
                title 40, Code of Federal Regulations (or any successor 
                regulation)); or
                    ``(B) any release response activity relating to an 
                underground storage tank or underground storage tank 
                system.
            ``(2) Requirements.--For purposes of this section, 
        requirements respecting the control and abatement of solid 
        waste or hazardous waste disposal and management referred to in 
        section 6001(a) include requirements respecting--
                    ``(A) control, installation, operation, management, 
                or closure of any underground storage tank or 
                underground storage tank system containing any 
                regulated substance; and
                    ``(B) release response activities relating to an 
                activity described in subparagraph (A).''; and
            (2) by adding at the end the following:
    ``(c) Review of, and Report on, Federal Underground Storage 
Tanks.--
            ``(1) Review.--Not later than 1 year after the date of 
        enactment of this subsection, the Administrator, in cooperation 
        with 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 review the 
        status of compliance of those underground storage tanks with 
        this subtitle.
            ``(2) Implementation report.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this subsection, each Federal 
                agency described in paragraph (1) shall submit to the 
                Administrator and to each State in which an underground 
                storage tank described in paragraph (1) is located an 
                implementation report that--
                            ``(i) lists each underground storage tank 
                        described in paragraph (1) 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 with this subtitle.
                    ``(B) Public availability.--The Administrator shall 
                make each report received under subparagraph (A) 
                available to the public on the Internet.
            ``(3) Not a safe harbor.--This subsection does not relieve 
        any person from any obligation or requirement under this 
        subtitle.''.

SEC. 8. TANKS UNDER THE JURISDICTION OF INDIAN TRIBES.

    Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) 
(as amended by section 6(a)) is amended by adding at the end the 
following:

``SEC. 9012. TANKS UNDER THE JURISDICTION OF INDIAN TRIBES.

    ``(a) In General.--The Administrator, in coordination with Indian 
tribes, shall--
            ``(1) not later than 1 year after the date of enactment of 
        this section, develop and implement a strategy--
                    ``(A) 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--
                            ``(i) an Indian reservation; or
                            ``(ii) any other area under the 
                        jurisdiction of an Indian tribe; and
                    ``(B) to implement and enforce requirements 
                concerning underground storage tanks located wholly 
                within the boundaries of--
                            ``(i) an Indian reservation; or
                            ``(ii) any other area under the 
                        jurisdiction of an Indian tribe;
            ``(2) not later than 2 years after the date of enactment of 
        this section and every 2 years thereafter, submit to Congress a 
        report that summarizes the status of implementation and 
        enforcement of the underground storage tank program in areas 
        located wholly within--
                    ``(A) the boundaries of Indian reservations; and
                    ``(B) any other areas under the jurisdiction of an 
                Indian tribe; and
            ``(3) make the report described in paragraph (2) available 
        to the public on the Internet.
    ``(b) Not a Safe Harbor.--This section does not relieve any person 
from any obligation or requirement under this subtitle.
    ``(c) 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.''.

SEC. 9. STATE AUTHORITY.

    Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) 
(as amended by section 8) is amended by adding at the end the 
following:

``SEC. 9013. STATE AUTHORITY.

    ``Nothing in this subtitle precludes a State from establishing any 
requirement that is more stringent than a requirement under this 
subtitle.''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) 
(as amended by section 9) 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(a), and 9011) $25,000,000 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)) $150,000,000 for each of fiscal years 2004 
                through 2008;
                    ``(B) to carry out section 9003(h)(12), 
                $125,000,000 for each of fiscal years 2004 through 
                2008;
                    ``(C) to carry out section 9005(a)--
                            ``(i) $35,000,000 for each of fiscal years 
                        2004 and 2005; and
                            ``(ii) $20,000,000 for each of fiscal years 
                        2006 through 2009; and
                    ``(D) to carry out section 9011--
                            ``(i) $50,000,000 for fiscal year 2004; and
                            ``(ii) $30,000,000 for each of fiscal years 
                        2005 through 2009.''.

SEC. 11. 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 ``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, and reordering the paragraphs so as 
        to appear in numerical order;
            (3) by inserting before paragraph (2) (as redesignated by 
        paragraph (2)) 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)) 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.--
            (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. Tanks under the jurisdiction of Indian tribes.
``Sec. 9013. State authority.
``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(7)(B)''; and
                    (B) in paragraphs (2) and (3), by striking 
                ``9001(2)(A)'' each place it appears and inserting 
                ``9001(7)(A)''.
            (4) Section 9003(h) of the Solid Waste Disposal Act (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''.
            (5) Section 9009 of the Solid Waste Disposal Act (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. 12. TECHNICAL AMENDMENTS.

    (a) Section 9001(4)(A) of the Solid Waste Disposal Act (42 U.S.C. 
6991(4)(A)) (as amended by section 11(a)(2)) is amended by striking 
``sustances'' and inserting ``substances''.
    (b) 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(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(7)''.
    (d) Section 9005 of the Solid Waste Disposal Act (42 U.S.C. 6991d) 
(as amended by section 3) is amended--
            (1) in subsection (b), by striking ``study taking'' and 
        inserting ``study, taking'';
            (2) in subsection (c)(1), by striking ``relevent'' and 
        inserting ``relevant''; and
            (3) in subsection (c)(4), by striking ``Evironmental'' and 
        inserting ``Environmental''.




                                                        Calendar No. 25

108th CONGRESS

  1st Session

                                 S. 195

                          [Report No. 108-13]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 5, 2003

                       Reported with an amendment