[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3062 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3062

 To reduce the instances of releases from underground storage tanks by 
strengthening tank inspections, operator training, program enforcement, 
oxygenated fuel cleanup, and providing States greater Federal resources 
         from the Leaking Underground Storage Tank Trust Fund.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2005

  Mr. Gillmor (for himself and Mr. Fossella) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To reduce the instances of releases from underground storage tanks by 
strengthening tank inspections, operator training, program enforcement, 
oxygenated fuel cleanup, and providing States greater Federal resources 
         from the Leaking Underground Storage Tank Trust Fund.

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

SECTION 1. SHORT TITLE.

    This subtitle may be cited as the ``Underground Storage Tank 
Compliance Act of 2005''.

SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.

    (a) In General.--Section 9004 of the Solid Waste Disposal Act (42 
U.S.C. 6991c) is amended by adding at the end the following:
    ``(f) Trust Fund Distribution.--
            ``(1) In general.--
                    ``(A) Amount and permitted uses of distribution.--
                The Administrator shall distribute to States not less 
                than 80 percent of the funds from the Trust Fund that 
                are made available to the Administrator under section 
                9014(2)(A) for each fiscal year for use in paying the 
                reasonable costs, incurred under a cooperative 
                agreement with any State for--
                            ``(i) corrective actions taken by the State 
                        under section 9003(h)(7)(A);
                            ``(ii) necessary administrative expenses, 
                        as determined by the Administrator, that are 
                        directly related to State fund or State 
                        assurance programs under subsection (c)(1); or
                            ``(iii) enforcement, by a State or a local 
                        government, of State or local regulations 
                        pertaining to underground storage tanks 
                        regulated under this subtitle.
                    ``(B) Use of funds for enforcement.--In addition to 
                the uses of funds authorized under subparagraph (A), 
                the Administrator may use funds from the Trust Fund 
                that are not distributed to States under subparagraph 
                (A) for enforcement of any regulation promulgated by 
                the Administrator under this subtitle.
                    ``(C) Prohibited uses.--Funds provided to a State 
                by the Administrator under subparagraph (A) shall not 
                be used by the State to provide financial assistance to 
                an owner or operator to meet any requirement relating 
                to underground storage tanks under subparts B, C, D, H, 
                and G of part 280 of title 40, Code of Federal 
                Regulations (as in effect on the date of enactment of 
                this subsection).
            ``(2) Allocation.--
                    ``(A) Process.--Subject to subparagraphs (B) and 
                (C), in the case of a State with which the 
                Administrator has entered into a cooperative agreement 
                under section 9003(h)(7)(A), the Administrator shall 
                distribute funds from the Trust Fund to the State using 
                an allocation process developed by the Administrator.
                    ``(B) Diversion of state funds.--The Administrator 
                shall not distribute funds under subparagraph (A)(iii) 
                of subsection (f)(1) to any State that has diverted 
                funds from a State fund or State assurance program for 
                purposes other than those related to the regulation of 
                underground storage tanks covered by this subtitle, 
                with the exception of those transfers that had been 
                completed earlier than the date of enactment of this 
                subsection.
                    ``(C) Revisions to process.--The Administrator may 
                revise the allocation process referred to in 
                subparagraph (A) after--
                            ``(i) consulting with State agencies 
                        responsible for overseeing corrective action 
                        for releases from underground storage tanks; 
                        and
                            ``(ii) taking into consideration, at a 
                        minimum, each of the following:
                                    ``(I) The number of confirmed 
                                releases from federally regulated 
                                leaking underground storage tanks in 
                                the States.
                                    ``(II) The number of federally 
                                regulated underground storage tanks in 
                                the States.
                                    ``(III) The performance of the 
                                States in implementing and enforcing 
                                the program.
                                    ``(IV) The financial needs of the 
                                States.
                                    ``(V) The ability of the States to 
                                use the funds referred to in 
                                subparagraph (A) in any year.
            ``(3) Distributions to state agencies.--Distributions from 
        the Trust Fund under this subsection shall be made directly to 
        a State agency that--
                    ``(A) enters into a cooperative agreement referred 
                to in paragraph (2)(A); or
                    ``(B) is enforcing a State program approved under 
                this section.''.
    (b) Withdrawal of Approval of State Funds.--Section 9004(c) of the 
Solid Waste Disposal Act (42 U.S.C. 6991c(c)) is amended by inserting 
the following new paragraph at the end thereof:
            ``(6) Withdrawal of approval.--After an opportunity for 
        good faith, collaborative efforts to correct financial 
        deficiencies with a State fund, the Administrator may withdraw 
        approval of any State fund or State assurance program to be 
        used as a financial responsibility mechanism without 
        withdrawing approval of a State underground storage tank 
        program under section 9004(a).''.
    (c) Ability to Pay.--Section 9003(h)(6) of the Solid Waste Disposal 
Act (42 U.S.C. 6591a(h)(6)) is amended by adding the following new 
subparagraph at the end thereof:
                    ``(E) Inability or limited ability to pay.--
                            ``(i) In general.--In determining the level 
                        of recovery effort, or amount that should be 
                        recovered, the Administrator (or the State 
                        pursuant to paragraph (7)) shall consider the 
                        owner or operator's ability to pay. An 
                        inability or limited ability to pay corrective 
                        action costs must be demonstrated to the 
                        Administrator (or the State pursuant to 
                        paragraph (7)) by the owner or operator.
                            ``(ii) Considerations.--In determining 
                        whether or not a demonstration is made under 
                        clause (i), the Administrator (or the State 
                        pursuant to paragraph (7)) shall take into 
                        consideration the ability of the owner or 
                        operator to pay corrective action costs and 
                        still maintain its basic business operations, 
                        including consideration of the overall 
                        financial condition of the owner or operator 
                        and demonstrable constraints on the ability of 
                        the owner or operator to raise revenues.
                            ``(iii) Information.--An owner or operator 
                        requesting consideration under this 
                        subparagraph shall promptly provide the 
                        Administrator (or the State pursuant to 
                        paragraph (7)) with all relevant information 
                        needed to determine the ability of the owner or 
                        operator to pay corrective action costs.
                            ``(iv) Alternative payment methods.--The 
                        Administrator (or the State pursuant to 
                        paragraph (7)) shall consider alternative 
                        payment methods as may be necessary or 
                        appropriate if the Administrator (or the State 
                        pursuant to paragraph (7)) determines that an 
                        owner or operator cannot pay all or a portion 
                        of the costs in a lump sum payment.
                            ``(v) Misrepresentation.--If an owner or 
                        operator provides false information or 
                        otherwise misrepresents their financial 
                        situation under clause (ii), the Administrator 
                        (or the State pursuant to paragraph (7)) shall 
                        seek full recovery of the costs of all such 
                        actions pursuant to the provisions of 
                        subparagraph (A) without consideration of the 
                        factors in subparagraph (B).''.

SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS.

    (a) Inspection Requirements.--Section 9005 of the Solid Waste 
Disposal Act (42 U.S.C. 6991d) is amended by inserting the following 
new subsection at the end thereof:
    ``(c) Inspection Requirements.--
            ``(1) Uninspected tanks.--In the case of underground 
        storage tanks regulated under this subtitle that have not 
        undergone an inspection since December 22, 1998, not later than 
        2 years after the date of enactment of this subsection, the 
        Administrator or a State that receives funding under this 
        subtitle, as appropriate, shall conduct on-site inspections of 
        all such tanks to determine compliance with this subtitle and 
        the regulations under this subtitle (40 C.F.R. 280) or a 
        requirement or standard of a State program developed under 
        section 9004.
            ``(2) Periodic inspections.--After completion of all 
        inspections required under paragraph (1), the Administrator or 
        a State that receives funding under this subtitle, as 
        appropriate, shall conduct on-site inspections of each 
        underground storage tank regulated under this subtitle at least 
        once every 3 years to determine compliance with this subtitle 
        and the regulations under this subtitle (40 C.F.R. 280) or a 
        requirement or standard of a State program developed under 
        section 9004. The Administrator may extend for up to one 
        additional year the first 3-year inspection interval under this 
        paragraph if the State demonstrates that it has insufficient 
resources to complete all such inspections within the first 3-year 
period.
            ``(3) Inspection authority.--Nothing in this section shall 
        be construed to diminish the Administrator's or a State's 
        authorities under section 9005(a).''.
    (b) Study of Alternative Inspection Programs.--The Administrator of 
the Environmental Protection Agency, in coordination with a State, 
shall gather information on compliance assurance programs that could 
serve as an alternative to the inspection programs under section 
9005(c) of the Solid Waste Disposal Act (42 U.S.C. 6991d(c)) and shall, 
within 4 years after the date of enactment of this Act, submit a report 
to the Congress containing the results of such study.

SEC. 4. OPERATOR TRAINING.

    (a) In General.--Section 9010 of the Solid Waste Disposal Act (42 
U.S.C. 6991i) is amended to read as follows:

``SEC. 9010. OPERATOR TRAINING.

    ``(a) Guidelines.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Underground Storage Tank Compliance Act of 
        2005, in consultation and cooperation with States and after 
        public notice and opportunity for comment, the Administrator 
        shall publish guidelines that specify training requirements 
        for--
                    ``(A) persons having primary responsibility for on-
                site operation and maintenance of underground storage 
                tank systems;
                    ``(B) persons having daily on-site responsibility 
                for the operation and maintenance of underground 
                storage tank systems; and
                    ``(C) daily, on-site employees having primary 
                responsibility for addressing emergencies presented by 
                a spill or release from an underground tank system.
            ``(2) Considerations.--The guidelines described in 
        paragraph (1) shall take into account--
                    ``(A) State training programs in existence as of 
                the date of publication of the guidelines;
                    ``(B) training programs that are being employed by 
                tank owners and tank operators as of the date of 
                enactment of the Underground Storage Tank Compliance 
                Act of 2005;
                    ``(C) the high turnover rate of tank operators and 
                other personnel;
                    ``(D) the frequency of improvement in underground 
                storage tank equipment technology;
                    ``(E) the nature of the businesses in which the 
                tank operators are engaged;
                    ``(F) the substantial differences in the scope and 
                length of training needed for the different classes of 
                persons described in subparagraphs (A), (B), and (C) of 
                paragraph (1); and
                    ``(G) such other factors as the Administrator 
                determines to be necessary to carry out this section.
    ``(b) State Programs.--
            ``(1) In general.--Not later than 2 years after the date on 
        which the Administrator publishes the guidelines under 
        subsection (a)(1), each State that receives funding under this 
        subtitle shall develop State-specific training requirements 
        that are consistent with the guidelines developed under 
        subsection (a)(1).
            ``(2) Requirements.--State requirements described in 
        paragraph (1) shall--
                    ``(A) be consistent with subsection (a);
                    ``(B) be developed in cooperation with tank owners 
                and tank operators;
                    ``(C) take into consideration training programs 
                implemented by tank owners and tank operators as of the 
                date of enactment of this section; and
                    ``(D) be appropriately communicated to tank owners 
                and operators.
            ``(3) Financial incentive.--The Administrator may award to 
        a State that develops and implements requirements described in 
        paragraph (1), in addition to any funds that the State is 
        entitled to receive under this subtitle, not more than 
        $200,000, to be used to carry out the requirements.
    ``(c) Training.--All persons that are subject to the operator 
training requirements of subsection (a) shall--
            ``(1) meet the training requirements developed under 
        subsection (b); and
            ``(2) repeat the applicable requirements developed under 
        subsection (b), if the tank for which they have primary daily 
        on-site management responsibilities is determined to be out of 
        compliance with--
                    ``(A) a requirement or standard promulgated by the 
                Administrator under section 9003; or
                    ``(B) a requirement or standard of a State program 
                approved under section 9004.''.
    (b) State Program Requirement.--Section 9004(a) of the Solid Waste 
Disposal Act (42 U.S.C. 6991c(a)) is amended by striking ``and'' at the 
end of paragraph (7), by striking the period at the end of paragraph 
(8) and inserting ``; and'', and by adding the following new paragraph 
at the end thereof:
            ``(9) State-specific training requirements as required by 
        section 9010.''.
    (c) Enforcement.--Section 9006(d)(2) of such Act (42 U.S.C. 6991e) 
is amended as follows:
            (1) By striking ``or'' at the end of subparagraph (B).
            (2) By adding the following new subparagraph after 
        subparagraph (C):
                    ``(D) the training requirements established by 
                States pursuant to section 9010 (relating to operator 
                training); or''.
    (d) Table of Contents.--The item relating to section 9010 in table 
of contents for the Solid Waste Disposal Act is amended to read as 
follows:

``Sec. 9010. Operator training.''.

SEC. 5. REMEDIATION FROM OXYGENATED FUEL ADDITIVES.

    Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 
6991b(h)) is amended as follows:
            (1) In paragraph (7)(A)--
                    (A) by striking ``paragraphs (1) and (2) of this 
                subsection'' and inserting ``paragraphs (1), (2), and 
                (12)''; and
                    (B) by striking ``and including the authorities of 
                paragraphs (4), (6), and (8) of this subsection'' and 
                inserting ``and the authority under sections 9011 and 
                9012 and paragraphs (4), (6), and (8),''.
            (2) By adding at the end the following:
            ``(12) Remediation of oxygenated fuel contamination.--
                    ``(A) In general.--The Administrator and the States 
                may use funds made available under section 9014(2)(B) 
                to carry out corrective actions with respect to a 
                release of a fuel containing an oxygenated fuel 
                additive that presents a threat to human health or 
                welfare or the environment.
                    ``(B) Applicable authority.--The Administrator or a 
                State shall carry out subparagraph (A) in accordance 
                with paragraph (2), and in the case of a State, in 
                accordance with a cooperative agreement entered into by 
                the Administrator and the State under paragraph (7).''.

SEC. 6. RELEASE PREVENTION, COMPLIANCE, AND ENFORCEMENT.

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

``SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND COMPLIANCE.

    ``Funds made available under section 9014(2)(D) from the Trust Fund 
may be used to conduct inspections, issue orders, or bring actions 
under this subtitle--
            ``(1) by a State, in accordance with a grant or cooperative 
        agreement with the Administrator, of State regulations 
        pertaining to underground storage tanks regulated under this 
        subtitle; and
            ``(2) by the Administrator, for tanks regulated under this 
        subtitle (including under a State program approved under 
        section 9004).''.
    (b) Government-Owned Tanks.--Section 9003 of the Solid Waste 
Disposal Act (42 U.S.C. 6991b) is amended by adding at the end the 
following:
    ``(i) Government-Owned Tanks.--
            ``(1) State compliance report.--(A) Not later than 2 years 
        after the date of enactment of this subsection, each State that 
        receives funding under this subtitle shall submit to the 
        Administrator a State compliance report that--
                    ``(i) lists the location and owner of each 
                underground storage tank described in subparagraph (B) 
                in the State that, as of the date of submission of the 
                report, is not in compliance with section 9003; and
                    ``(ii) specifies the date of the last inspection 
                and describes the actions that have been and will be 
                taken to ensure compliance of the underground storage 
                tank listed under clause (i) with this subtitle.
            ``(B) An underground storage tank described in this 
        subparagraph is an underground storage tank that is--
                    ``(i) regulated under this subtitle; and
                    ``(ii) owned or operated by the Federal, State, or 
                local government.
            ``(C) The Administrator shall make each report, received 
        under subparagraph (A), available to the public through an 
        appropriate media.
            ``(2) Financial incentive.--The Administrator may award to 
        a State that develops a report described in paragraph (1), in 
        addition to any other funds that the State is entitled to 
        receive under this subtitle, not more than $50,000, to be used 
        to carry out the report.
            ``(3) Not a safe harbor.--This subsection does not relieve 
        any person from any obligation or requirement under this 
        subtitle.''.
    (c) Public Record.--Section 9002 of the Solid Waste Disposal Act 
(42 U.S.C. 6991a) is amended by adding at the end the following:
    ``(d) Public Record.--
            ``(1) In general.--The Administrator shall require each 
        State that receives Federal funds to carry out this subtitle to 
        maintain, update at least annually, and make available to the 
        public, in such manner and form as the Administrator shall 
        prescribe (after consultation with States), a record of 
        underground storage tanks regulated under this subtitle.
            ``(2) Considerations.--To the maximum extent practicable, 
        the public record of a State, respectively, shall include, for 
        each year--
                    ``(A) the number, sources, and causes of 
                underground storage tank releases in the State;
                    ``(B) the record of compliance by underground 
                storage tanks in the State with--
                            ``(i) this subtitle; or
                            ``(ii) an applicable State program approved 
                        under section 9004; and
                    ``(C) data on the number of underground storage 
                tank equipment failures in the State.''.
    (d) Incentive for Performance.--Section 9006 of the Solid Waste 
Disposal Act (42 U.S.C. 6991e) is amended by adding at the end the 
following:
    ``(e) Incentive for Performance.--Both of the following may be 
taken into account in determining the terms of a civil penalty under 
subsection (d):
            ``(1) The compliance history of an owner or operator in 
        accordance with this subtitle or a program approved under 
        section 9004.
            ``(2) Any other factor the Administrator considers 
        appropriate.''.
    (e) Table of Contents.--The table of contents for such subtitle I 
is amended by adding the following new item at the end thereof:

``Sec. 9011. Use of funds for release prevention and compliance.''.

SEC. 7. DELIVERY PROHIBITION.

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

``SEC. 9012. DELIVERY PROHIBITION.

    ``(a) Requirements.--
            ``(1) Prohibition of delivery or deposit.--Beginning 2 
        years after the date of enactment of this section, it shall be 
        unlawful to deliver to, deposit into, or accept a regulated 
        substance into an underground storage tank at a facility which 
        has been identified by the Administrator or a State 
        implementing agency to be ineligible for fuel delivery or 
        deposit.
            ``(2) Guidance.--Within 1 year after the date of enactment 
        of this section, the Administrator and States that receive 
        funding under this subtitle shall, in consultation with the 
        underground storage tank owner and product delivery industries, 
        for territory for which they are the primary implementing 
        agencies, publish guidelines detailing the specific processes 
        and procedures they will use to implement the provisions of 
        this section. The processes and procedures include, at a 
        minimum--
                    ``(A) the criteria for determining which 
                underground storage tank facilities are ineligible for 
                delivery or deposit;
                    ``(B) the mechanisms for identifying which 
                facilities are ineligible for delivery or deposit to 
                the underground storage tank owning and fuel delivery 
                industries;
                    ``(C) the process for reclassifying ineligible 
                facilities as eligible for delivery or deposit; and
                    ``(D) a delineation of, or a process for 
                determining, the specified geographic areas subject to 
                paragraph (4).
            ``(3) Delivery prohibition notice.--
                    ``(A) Roster.--The Administrator and each State 
                implementing agency that receives funding under this 
                subtitle shall establish within 24 months after the 
                date of enactment of this section a Delivery 
                Prohibition Roster listing underground storage tanks 
                under the Administrator's or the State's jurisdiction 
                that are determined to be ineligible for delivery or 
                deposit pursuant to paragraph (2).
                    ``(B) Notification.--The Administrator and each 
                State, as appropriate, shall make readily known, to 
                underground storage tank owners and operators and to 
                product delivery industries, the underground storage 
                tanks listed on a Delivery Prohibition Roster by:
                            ``(i) posting such Rosters, including the 
                        physical location and street address of each 
                        listed underground storage tank, on official 
                        web sites and, if the Administrator or the 
                        State so chooses, other electronic means;
                            ``(ii) updating these Rosters periodically; 
                        and
                            ``(iii) installing a tamper-proof tag, 
                        seal, or other device blocking the fill pipes 
                        of such underground storage tanks to prevent 
                        the delivery of product into such underground 
                        storage tanks.
                    ``(C) Roster updates.--The Administrator and the 
                State shall update the Delivery Prohibition Rosters as 
                appropriate, but not less than once a month on the 
                first day of the month.
                    ``(D) Tampering with device.--
                            ``(i) Prohibition.--It shall be unlawful 
                        for any person, other than an authorized 
                        representative of the Administrator or a State, 
                        as appropriate, to remove, tamper with, 
                        destroy, or damage a device installed by the 
                        Administrator or a State, as appropriate, under 
                        subparagraph (B)(iii) of this subsection.
                            ``(ii) Civil penalties.--Any person 
                        violating clause (i) of this subparagraph shall 
                        be subject to a civil penalty not to exceed 
                        $10,000 for each violation.
            ``(4) Limitation.--
                    ``(A) Rural and remote areas.--Subject to 
                subparagraph (B), the Administrator or a State shall 
                not include an underground storage tank on a Delivery 
                Prohibition Roster under paragraph (3) if an urgent 
                threat to public health, as determined by the 
                Administrator, does not exist and if such a delivery 
                prohibition would jeopardize the availability of, or 
                access to, fuel in any rural and remote areas.
                    ``(B) Applicability of limitation.--The limitation 
                under subparagraph (A) shall apply only during the 180-
                day period following the date of a determination by the 
                Administrator or the appropriate State that exercising 
                the authority of paragraph (3) is limited by 
                subparagraph (A).
    ``(b) Effect on State Authority.--Nothing in this section shall 
affect the authority of a State to prohibit the delivery of a regulated 
substance to an underground storage tank.
    ``(c) Defense to Violation.--A person shall not be in violation of 
subsection (a)(1) if the underground storage tank into which a 
regulated substance is delivered is not listed on the Administrator's 
or the appropriate State's Prohibited Delivery Roster 7 calendar days 
prior to the delivery being made.''.
    (b) Enforcement.--Section 9006(d)(2) of such Act (42 U.S.C. 
6991e(d)(2)) is amended as follows:
            (1) By adding the following new subparagraph after 
        subparagraph (D):
                    ``(E) the delivery prohibition requirement 
                established by section 9012,''.
            (2) By adding the following new sentence at the end 
        thereof: ``Any person making or accepting a delivery or deposit 
        of a regulated substance to an underground storage tank at an 
        ineligible facility in violation of section 9012 shall also be 
        subject to the same civil penalty for each day of such 
        violation.''.
    (c) Table of Contents.--The table of contents for such subtitle I 
is amended by adding the following new item at the end thereof:

``Sec. 9012. Delivery prohibition.''.

SEC. 8. FEDERAL FACILITIES.

    Section 9007 of the Solid Waste Disposal Act (42 U.S.C. 6991f) is 
amended to read as follows:

``SEC. 9007. FEDERAL FACILITIES.

    ``(a) In General.--Each department, agency, and instrumentality of 
the executive, legislative, and judicial branches of the Federal 
Government (1) having jurisdiction over any underground storage tank or 
underground storage tank system, or (2) engaged in any activity 
resulting, or which may result, in the installation, operation, 
management, or closure of any underground storage tank, release 
response activities related thereto, or in the delivery, acceptance, or 
deposit of any regulated substance to an underground storage tank or 
underground storage tank system shall be subject to, and comply with, 
all Federal, State, interstate, and local requirements, both 
substantive and procedural (including any requirement for permits or 
reporting or any provisions for injunctive relief and such sanctions as 
may be imposed by a court to enforce such relief), respecting 
underground storage tanks in the same manner, and to the same extent, 
as any person is subject to such requirements, including the payment of 
reasonable service charges. The Federal, State, interstate, and local 
substantive and procedural requirements referred to in this subsection 
include, but are not limited to, all administrative orders and all 
civil and administrative penalties and fines, regardless of whether 
such penalties or fines are punitive or coercive in nature or are 
imposed for isolated, intermittent, or continuing violations. The 
United States hereby expressly waives any immunity otherwise applicable 
to the United States with respect to any such substantive or procedural 
requirement (including, but not limited to, any injunctive relief, 
administrative order or civil or administrative penalty or fine 
referred to in the preceding sentence, or reasonable service charge). 
The reasonable service charges referred to in this subsection include, 
but are not limited to, fees or charges assessed in connection with the 
processing and issuance of permits, renewal of permits, amendments to 
permits, review of plans, studies, and other documents, and inspection 
and monitoring of facilities, as well as any other nondiscriminatory 
charges that are assessed in connection with a Federal, State, 
interstate, or local underground storage tank regulatory program. 
Neither the United States, nor any agent, employee, or officer thereof, 
shall be immune or exempt from any process or sanction of any State or 
Federal Court with respect to the enforcement of any such injunctive 
relief. No agent, employee, or officer of the United States shall be 
personally liable for any civil penalty under any Federal, State, 
interstate, or local law concerning underground storage tanks with 
respect to any act or omission within the scope of the official duties 
of the agent, employee, or officer. An agent, employee, or officer of 
the United States shall be subject to any criminal sanction (including, 
but not limited to, any fine or imprisonment) under any Federal or 
State law concerning underground storage tanks, but no department, 
agency, or instrumentality of the executive legislative, or judicial 
branch of the Federal Government shall be subject to any such sanction. 
The President may exempt any underground storage tank of any 
department, agency, or instrumentality in the executive branch from 
compliance with such a requirement if he determines it to be in the 
paramount interest of the United States to do so. No such exemption 
shall be granted due to lack of appropriation unless the President 
shall have specifically requested such appropriation as a part of the 
budgetary process and the Congress shall have failed to make available 
such requested appropriation. Any exemption shall be for a period not 
in excess of one year, but additional exemptions may be granted for 
periods not to exceed one year upon the President's making a new 
determination. The President shall report each January to the Congress 
all exemptions from the requirements of this section granted during the 
preceding calendar year, together with his reason for granting each 
such exemption.
    ``(b) Review of and Report on the Federal Underground Storage 
Tanks.--
            ``(1) Review.--Not later than 12 months after the date of 
        enactment of the Underground Storage Tank Compliance Act of 
        2005, each Federal agency that owns or operates 1 or more 
        underground storage tanks, or that manages land on which 1 or 
        more underground storage tanks are located, shall submit to the 
        Administrator, the Committee on Energy and Commerce of the 
        United States House of Representatives, and the Committee on 
        the Environment and Public Works of the United States Senate a 
        compliance strategy report that--
                    ``(A) lists the location and owner of each 
                underground storage tank described in this paragraph;
                    ``(B) lists all tanks that are not in compliance 
                with this subtitle that are owned or operated by the 
                Federal agency;
                    ``(C) specifies the date of the last inspection by 
                a State or Federal inspector of each underground 
                storage tank owned or operated by the agency;
                    ``(D) lists each violation of this subtitle 
                respecting any underground storage tank owned or 
                operated by the agency;
                    ``(E) describes the operator training that has been 
                provided to the operator and other persons having 
                primary daily on-site management responsibility for the 
                operation and maintenance of underground storage tanks 
                owned or operated by the agency; and
                    ``(F) describes the actions that have been and will 
                be taken to ensure compliance for each underground 
                storage tank identified under subparagraph (B).
            ``(2) Not a safe harbor.--This subsection does not relieve 
        any person from any obligation or requirement under this 
        subtitle.''.

SEC. 9. TANKS ON TRIBAL LANDS.

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

``SEC. 9013. TANKS ON TRIBAL LANDS.

    ``(a) Strategy.--The Administrator, in coordination with Indian 
tribes, shall, not later than 1 year after the date of enactment of 
this section, develop and implement a strategy--
            ``(1) giving priority to releases that present the greatest 
        threat to human health or the environment, to take necessary 
        corrective action in response to releases from leaking 
        underground storage tanks located wholly within the boundaries 
        of--
                    ``(A) an Indian reservation; or
                    ``(B) any other area under the jurisdiction of an 
                Indian tribe; and
            ``(2) to implement and enforce requirements concerning 
        underground storage tanks located wholly within the boundaries 
        of--
                    ``(A) an Indian reservation; or
                    ``(B) any other area under the jurisdiction of an 
                Indian tribe.
    ``(b) Report.--Not later than 2 years after the date of enactment 
of this section, the Administrator shall submit to Congress a report 
that summarizes the status of implementation and enforcement of this 
subtitle in areas located wholly within--
            ``(1) the boundaries of Indian reservations; and
            ``(2) any other areas under the jurisdiction of an Indian 
        tribe.
The Administrator shall make the report under this subsection available 
to the public.
    ``(c) Not a Safe Harbor.--This section does not relieve any person 
from any obligation or requirement under this subtitle.
    ``(d) State Authority.--Nothing in this section applies to any 
underground storage tank that is located in an area under the 
jurisdiction of a State, or that is subject to regulation by a State, 
as of the date of enactment of this section.''.
    (b) Table of Contents.--The table of contents for such subtitle I 
is amended by adding the following new item at the end thereof:

``Sec. 9013. Tanks on Tribal lands.''.

SEC. 10. FUTURE RELEASE CONTAINMENT TECHNOLOGY.

    Not later than 2 years after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency, after 
consultation with States, shall make available to the public and to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Environment and Public Works of the Senate information 
on the effectiveness of alternative possible methods and means for 
containing releases from underground storage tanks systems.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Administrator the 
following amounts:
            ``(1) To carry out subtitle I (except sections 9003(h), 
        9005(c), 9011, and 9012) $50,000,000 for each of fiscal years 
        2005 through 2009.
            ``(2) From the Trust Fund, notwithstanding section 
        9508(c)(1) of the Internal Revenue Code of 1986:
                    ``(A) to carry out section 9003(h) (except section 
                9003(h)(12)) $200,000,000 for each of fiscal years 2005 
                through 2009;
                    ``(B) to carry out section 9003(h)(12), 
                $200,000,000 for each of fiscal years 2005 through 
                2009;
                    ``(C) to carry out sections 9003(i), 9004(f), and 
                9005(c) $100,000,000 for each of fiscal years 2005 
                through 2009; and
                    ``(D) to carry out sections 9010, 9011, 9012, and 
                9013 $55,000,000 for each of fiscal years 2005 through 
                2009.''.
    (b) Table of Contents.--The table of contents for such subtitle I 
is amended by adding the following new item at the end thereof:

``Sec. 9014. Authorization of appropriations.''.

SEC. 12 CONFORMING AMENDMENTS.

    (a) In General.--Section 9001 of the Solid Waste Disposal Act (42 
U.S.C. 6991) is amended as follows:
            (1) By striking ``For the purposes of this subtitle--'' and 
        inserting ``In this subtitle:''.
            (2) By redesignating paragraphs (1), (2), (3), (4), (5), 
        (6), (7), and (8) as paragraphs (10), (7), (4), (3), (8), (5), 
        (2), and (6), respectively.
            (3) By inserting before paragraph (2) (as redesignated by 
        paragraph (2) of this subsection) the following:
            ``(1) Indian tribe.--
                    ``(A) In general.--The term `Indian tribe' means 
                any Indian tribe, band, nation, or other organized 
                group or community that is recognized as being eligible 
                for special programs and services provided by the 
                United States to Indians because of their status as 
                Indians.
                    ``(B) Inclusions.--The term `Indian tribe' includes 
                an Alaska Native village, as defined in or established 
                under the Alaska Native Claims Settlement Act (43 
                U.S.C. 1601 et seq.); and''.
            (4) By inserting after paragraph (8) (as redesignated by 
        paragraph (2) of this subsection) the following:
            ``(9) Trust fund.--The term `Trust Fund' means the Leaking 
        Underground Storage Tank Trust Fund established by section 9508 
        of the Internal Revenue Code of 1986.''.
    (b) Conforming Amendments.--The Solid Waste Disposal Act (42 U.S.C. 
6901 and following) is amended as follows:
            (1) Section 9003(f) (42 U.S.C. 6991b(f)) is amended--
                    (A) in paragraph (1), by striking ``9001(2)(B)'' 
                and inserting ``9001(7)(B)''; and
                    (B) in paragraphs (2) and (3), by striking 
                ``9001(2)(A)'' each place it appears and inserting 
                ``9001(7)(A)''.
            (2) Section 9003(h) (42 U.S.C. 6991b(h)) is amended in 
        paragraphs (1), (2)(C), (7)(A), and (11) by striking ``Leaking 
        Underground Storage Tank Trust Fund'' each place it appears and 
        inserting ``Trust Fund''.
            (3) Section 9009 (42 U.S.C. 6991h) is amended--
                    (A) in subsection (a), by striking ``9001(2)(B)'' 
                and inserting ``9001(7)(B)''; and
                    (B) in subsection (d), by striking ``section 
                9001(1) (A) and (B)'' and inserting ``subparagraphs (A) 
                and (B) of section 9001(10)''.

SEC. 13. TECHNICAL AMENDMENTS.

    The Solid Waste Disposal Act is amended as follows:
            (1) Section 9001(4)(A) (42 U.S.C. 6991(4)(A)) is amended by 
        striking ``sustances'' and inserting ``substances''.
            (2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is amended 
        by striking ``subsection (c) and (d) of this section'' and 
        inserting ``subsections (c) and (d)''.
            (3) Section 9004(a) (42 U.S.C. 6991c(a)) is amended by 
        striking ``in 9001(2) (A) or (B) or both'' and inserting ``in 
        subparagraph (A) or (B) of section 9001(7)''.
            (4) Section 9005 (42 U.S.C. 6991d) is amended--
                    (A) in subsection (a), by striking ``study taking'' 
                and inserting ``study, taking'';
                    (B) in subsection (b)(1), by striking ``relevent'' 
                and inserting ``relevant''; and
                    (C) in subsection (b)(4), by striking 
                ``Evironmental'' and inserting ``Environmental''.
                                 <all>