[Senate Report 108-13]
[From the U.S. Government Publishing Office]
Calendar No. 25
108th Congress Report
SENATE
1st Session 108-13
======================================================================
UNDERGROUND STORAGE TANK COMPLIANCE ACT OF 2003
_______
March 5, 2003.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 195]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 195) 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, having
considered the same reports favorably thereon with an amendment
and recommends that the bill, as amended, do pass.
General Statement and Background
The Environmental Protection Agency (EPA) estimates that
there are currently over 705,000 active underground storage
tanks (USTs) containing petroleum products. Many of these tanks
have leaks, causing potential harm to human health and the
environment.
In 1984, Congress enacted, as Subtitle I of the Solid Waste
Disposal Act, a comprehensive program to address the problem of
leaking underground storage tanks. The program required EPA to
develop leak detection and prevention standards for underground
storage tanks (USTs), and authorized the Agency to compel tank
owners and operators to take corrective action to clean up
leaking tanks and comply with standards for USTs, or to close
them. States have largely taken the lead in implementing and
enforcing the program requirements, including corrective action
requirements.
States receive Federal funds from the LUST Trust Fund,
which is paid for by a one-tenth of one cent tax on all
petroleum products, to carry out the requirements. This tax
generates approximately $183 million per year, and the interest
on the principal in the fund generates approximately $85
million annually (roughly $13 million more than annual
appropriations from the LUST Trust Fund). Amounts are
appropriated each year from the Trust Fund for the States and
EPA to implement and enforce the UST corrective action
requirements; to conduct cleanups in certain limited situations
where there is no financially viable responsible party or where
a responsible party fails to undertake the appropriate
corrective action; to take corrective action in cases of
emergency; and to bring cost recovery actions against parties
to seek reimbursement of costs expended from the Fund to clean
up sites. The balance of the Trust Fund is approximately $1.8
billion. The annual appropriation from the LUST Trust Fund for
fiscal year 2003 is $72 million. In addition to the Federal
LUST Trust Fund, many States have also established funds,
capitalized through State gas taxes, fees, and other
mechanisms, to pay for cleanups and to provide assistance to
tank owners in complying with other requirements. States spend
approximately $1 billion per year from their Trust Funds.
However, in recent years, the claims against those funds have
risen dramatically.
While over a million leaking USTs have been closed under
this program, EPA estimates that there are currently over
705,000 active USTs containing petroleum products. Some of
these tanks have leaks, causing potential harm to human health
and the environment. A number of recent, high profile
contamination cases have highlighted the problem. Methyl
tertiary butyl ether (MTBE) has been detected at thousands of
leaking UST sites. In some cases, drinking water wells have
been closed due to these releases of MTBE. According to EPA,
States have reported more than 400,000 confirmed releases from
USTs. Cleanups have been initiated for approximately 357,000
releases and almost 242,000 cleanups have been completed. In
spite of this progress, many thousands of cleanups remain to be
completed. EPA, States, and the private sector have suggested
that lack of resources, both for cleanup and for inspections
and enforcement, have limited efforts to fully address MTBE
contamination and leaking USTs.
S. 195 strengthens the existing statutory framework for
underground storage tanks. The bill amends Subtitle I to
require that EPA distribute at least 80 percent of its annual
appropriation from the Leaking Underground Storage Tank Trust
Fund to States under cooperative agreements. The bill also
gives States greater flexibility to use the funds for
enforcement of the program, administrative costs, and
corrective action and compensation programs. Finally, the bill
affirms that EPA may use funds from the Trust Fund for
enforcement of the UST program.
Objectives of the Legislation
On May 4, 2001, the U.S. General Accounting Office (GAO)
released a report entitled ``Environmental Protection: Improved
Inspections and Enforcement Would Better Ensure the Safety of
Underground Storage Tanks.'' This report found that 89 percent
of the total number of regulated tanks, or 616,865 tanks,
received federally required equipment upgrades by the end of
fiscal year 2000. In addition, GAO estimated that about 29
percent of the regulatedtanks, or 201,001 tanks, were not being
operated or maintained properly, increasing the risk of soil
and groundwater contamination.
S. 195 was crafted to improve the compliance of underground
storage tanks nationwide. The legislation provides resources
for the cleanup of tanks that have already leaked, but more
importantly provides increased emphasis on leak prevention so
communities can be spared from the problems and expense that
are often associated with leaking tanks, especially when
drinking water supplies become contaminated.
This legislation improves the current law by: requiring
that all regulated underground storage tanks undergo onsite
inspections every 2 years; requiring EPA to issue guidance on
how to train operators of USTs; requiring States to develop
operator training strategies; providing enforcement flexibility
for UST owners that have operator training programs in place;
providing EPA authority to prohibit fuel delivery to tanks that
are not in compliance; requiring States to prepare
implementation reports for bringing tanks owned by State and
local governments into compliance; requiring Federal agencies
to prepare implementation reports for bringing federally owned
tanks into compliance; and increasing funding for UST programs.
Section-by-Section Analysis
Section 1. Short Title
Sets forth the short title of the bill as the ``Underground
Storage Tank Compliance Act of 2003.''
Sec. 2. Leaking Underground Storage Tanks
SUMMARY
Section 2 gives States greater flexibility to implement the
underground storage tank program. First, the new subsection
(f)(1) provides that EPA must distribute to the States at least
80 percent of the funds appropriated each year from the Leaking
Underground Storage Tank Trust Fund. The States may use these
funds to pay for the reasonable costs of: (1) actions to carry
out and enforce corrective actions; (2) necessary
administrative costs of State assurance funds; (3) enforcement
of a State program; (4) State or local corrective actions; and
(5) corrective action or compensation programs under a State
program if there is no financially viable owner or operator of
an UST. This section also provides for the allocation of funds
to States by the Administrator.
DISCUSSION
This section adds a new subsection (f) to Section 9004 of
the Solid Waste Disposal Act to guarantee that States will
receive a minimum of 80 percent of the annual appropriation
from the LUST Trust Fund. This percentage is intended to be a
floor; the actual percentage distributed to the States in any
given year may exceed that level. Historically, EPA has
distributed varying amounts to the States, ranging from as
little as 81 percent of the annual appropriation to as much as
89 percent. The average distribution has been in the range of
85 percent. The committee expects EPA to distribute more than
the statutory minimum of 80 percent of the appropriated LUST
funds annually if the Agency's annual budgetary needs,
including needs for implementation of the LUST program with
respect to tanks within Tribal jurisdiction, are less than 20
percent of appropriated funds.
New subsection (f)(1)(A)(iii) authorizes a State to make
the determination of whether an owner or operator of an
underground storage tank is financially viable (i.e., whether
the owner or operator has sufficient resources to pay for a
corrective action without significantly impairing the ability
of the owner or operator to continue in business), in
accordance with guidelines to be developed by EPA and the
States. In making the determination of whether an owner or
operator has the ability to pay, the State must take into
consideration any funding received by the tank owner from the
State.
In addition to expanding the uses of the Trust Fund, this
section reaffirms that States may not use these funds to
provide financial assistance to owners and operators of tanks
to comply with existing regulations governing USTs, including
the requirements for upgrading of existing tanks.
While the bill allows for several new uses of the LUST
Trust Fund, the legislation does not prioritize among uses.
Funding for existing uses (including enforcement of corrective
action requirements, corrective actions taken by State and
local governments at responsible party sites, and cost recovery
actions) most effectively serves the needs for protection of
human health and the environment. The committee intends that
the distribution of Federal funding recognize the importance of
enforcement and corrective action requirements to the
protection of human health and the environment.
Subsection (f)(2) sets forth the process to be used to
allocate funds among States. In general, EPA is directed to
distribute funds in accordance with the existing allocation
process utilized by the Agency. The process may be revised only
after consulting with the States. Any revisions must take into
consideration a number of factors, including: the total tax
revenue contributed to the Trust Fund from all sources within
the State; the number of confirmed releases from federally
regulated USTs; the number of federally regulated USTs in a
State; groundwater use in a State; program performance in a
State; the financial needs of a State; and the ability of a
State to use its allocated funds in any given year. According
to EPA, the current allocation process takes into consideration
these factors. The committee intends that any revisions to the
current allocation process should maintain an inclusive process
for EPA consultation with States to ensure that EPA obtains
necessary information from States.
Subsection (f)(3) requires distributions from the Trust
Fund be made directly to the State agency and distributed in
accordance with the cooperative agreement with EPA. Subsection
(f)(4) prohibits the use of funds from the Trust Fund
distributed under subsection (f)(1)(A)(iii) from being used for
cost recovery by the Administrator under section 9006(h)(6).
Sec. 3. Inspection of Underground Storage Tanks
SUMMARY
Section 3 directs the Administrator, or a State with an
approved program, to require that all USTs regulated under
Subtitle I undergo onsite inspections every 2 years. A June
2000 report released by EPA entitled ``Report to Congress on a
Compliance Plan for the Underground Storage Tank Program''
estimates that the cost of this bi-annual inspection
requirements will be $35 million for each of the first 2 years
and $20 million for subsequent years. Section 10 authorizes
that level of funding to pay for this inspection requirement.
DISCUSSION
Section 3 creates a new section 9005(a) which requires the
Administrator or a State with an approved UST program to
inspect each UST not later than 2 years after the date of
enactment and at least once every 2 years thereafter. The
committee does not intend that this section prevent States from
adopting more stringent or frequent UST inspection programs or
from permitting States to maintain existing inspection programs
that are more stringent or frequent than the requirements of
subtitle I. Rather, this section establishes a minimum level of
frequency, although States may require more frequent
inspections provided a State's inspection program is not
inconsistent with the provisions of the subtitle. States are
encouraged to implement innovative methods to carry out the
requirements of this section.
The committee intends that the onsite inspections required
under this section must include a comprehensive inspection of
all readily accessible portions of each UST system, including
equipment and records. The committee recognizes that a
substantial portion of each UST system is installed below grade
with a concrete covering. The committee does not intend that
the onsite inspections required under this section involve
inspection of these inaccessible components of each UST system,
although visible above-ground signs of leakage from below-
ground fixtures should be sought. At the same time, a review of
paperwork and records without physically inspecting the
equipment would not satisfy the requirement in this section
that the inspections be undertaken ``onsite.''
Sec. 4. Operator Training
SUMMARY
Section 4 requires the Administrator to publish guidelines,
after notice and comment, which specify methods for training
operators of underground storage tanks. The guidelines must
take into account existing training programs put into place by
States and operators, the high turnover rate of operators, the
frequent improvements in tank technology, and the nature of the
businesses in which operators are engaged.
From the date on which the Administrator publishes the
guidelines, States have 2 years to develop and implement a
strategy for the training of operators of underground storage
tanks that are consistent with the guidelines that are
developed in cooperation with owners and operators, and that
take into consideration existing operator training programs.
This section allows the Administrator to provide a grant up to
$50,000 if the State develops and implements a State operator
training strategy.
DISCUSSION
The May 2001 GAO report concludes that 29 percent of USTs
regulated under subtitle I are not being operated or maintained
properly. After millions of dollars have been spent bringing
USTs into compliance with Federal standards in order to reduce
the threat of leaking and the resulting problems, leaking tanks
due to operator error is unacceptable. Human errors will always
occur, but steps must be taken to minimize their occurrence.
The committee has received testimony that there are some
operator training programs in effect at the retail level, but a
29 percent failure rate demands that more emphasis be placed on
this very important aspect. Section 4 creates a new section
9010 in subtitle I to ensure that greater emphasis is placed on
operator training. Section 9010(a) requires the Administrator
to promulgate, within 2 years of enactment, guidelines that
specify methods for training tank operators. The guidelines
must 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.
The considerations explicitly direct the Administrator to
take into account existing State and operator training programs
because this program will be most successful if it builds on
successful models that may exist. Also, the Administrator must
take into consideration the nature of the business in which
operators are engaged. The guidelines must take into
consideration the high turnover rate of employees at retail
gasoline stations and not require a level of training that
would be impractical given the nature of the business.
Section 9010(b) requires each State to develop and
implement a strategy for the training of operators within 2
years after the date in which the Administrator publishes the
operator training guidelines required in subsection (a). The
State strategies must be consistent with the EPA guidelines
promulgated under subsection (a) and must take into
consideration the training programs implemented by owners and
operators as of the date of enactment of this subsection.
Rather than penalizing States for not complying with this
section, it is the intent of this new section to provide States
with performance bonuses of up to $50,000 for compliance with
this section.
Sec. 5. Remediation of MTBE Contamination
SUMMARY
Section 5 authorizes the Administrator and States to carry
out remediation of methyl tertiary butyl ether (MTBE) releases
that present a threat to human health or welfare or the
environment. Section 10 authorizes $125 million for each of
fiscal years 2004 through 2008 for this purpose, for a total of
$625 million over 5 years.
DISCUSSION
Relatively low levels of MTBE can be detected in
groundwater. The detection of MTBE, by taste and smell, can
make the water unpalatable, but not necessarily harmful.
Section 5 amends Section 9003 of the Solid Waste Disposal Act
to clarify that the Administrator and the States may undertake
corrective actions whenever the presence of MTBE in groundwater
presents a threat to public welfare, even in situations where
the level of MTBE is not so high as to present a threat to
human health or when the release is not from an underground
storage tank.
New section 9003(h)(12) reconfirms the authority of the
Administrator and the States to use funds from the LUST Trust
Fund for the cleanup of sites contaminated by MTBE from leaking
USTs. In addition, section 9003(h)(12) authorizes the
Administrator and the States to conduct such cleanup activities
using designated funds made available under new section
9014(2)(B) from the LUST Trust Fund. In order to undertake a
corrective action under this subsection, the Administrator or a
State must still comply with the requirements of Section
9003(h)(2) of the Solid Waste Disposal Act. States are to
exercise this authority in accordance with their cooperative
agreements.
Sec. 6. Release Compliance and Prevention
SUMMARY
Section 6 provides a range of measures intended to promote
and enhance the compliance and prevention of releases from
underground storage tanks through a combination of mechanisms.
Those mechanisms include increased funding for enforcement
activities, increased focus on tanks owned by State and local
governments, enforcement incentives for owners and operators,
authority for the Environmental Protection Agency to prohibit
the delivery of regulated substances to underground storage
tanks, and the creation of a public record.
DISCUSSION
Section 6(a) amends Subtitle I of the Solid Waste Disposal
Act by creating a new Section 9011 giving States greater
flexibility in their use of LUST funds. New Section 9011
authorizes EPA and the States to use funds appropriated from
the LUST Trust Fund to conduct inspections, issue orders, or
bring actions under Subtitle I. Funding authorized under this
section is for both formal enforcement actions, such as
judicial actions and administrative orders, and related
measures to secure compliance, such as notices of violation or
warnings. This increased funding for inspections and
enforcement-related activities will enable States and EPA to
secure greater compliance with UST standards. Increased
compliance will prevent future releases and resulting cleanup
costs. Funds authorized under this provision may be used for
cost recovery.
This section does not affect current law on State authority
under authorized programs or Federal authority to enforce the
requirements of Subtitle I. Nor does this provision affect
EPA's authority to use other funds to enforce the UST program.
EPA receives funding from sources other than the LUST Trust
Fund to undertake inspection and enforcement related activities
for leak detection and other preventive requirements. Any LUST
Trust Fund appropriations used for such enforcement activities
by EPA are expected to supplement funds that the Agency has
been receiving, and will continue to receive, from sources
other than the LUST Trust Fund.
In addition to authorizing funding for States and EPA for
federally authorized programs, this section authorizes States
to use funds to undertake inspection and enforcement related
actions for State tank leak detection, prevention, and other
requirements through State programs with requirements that are
similar or identical to Subtitle I. State agencies currently
receive funding from EPA from sources other than the LUST Trust
Fund to undertake such activities for leak detection and other
preventive requirements. It is expected that States will
continue to receive funding from EPA from these other sources,
as well as from the LUST Trust Fund, for these activities. Any
LUST Trust Fund appropriations used for enforcement-related
activities by States should supplement funds that the States
have been receiving, and will continue to receive.
Section 6(b) adds new subsection (i) to section 9003 which
requires States to submit to EPA a strategy to ensure
compliance of tanks owned by State or local governments with
the provisions of the subtitle. This section allows the
Administrator to provide a grant up to $50,000 if the State
develops the implementation report. Every UST in the Nation,
whether owned by a private party or a State or local
government, was required under Federal law to be upgraded or
closed by December 22, 1998. According to the 2001 report by
the General Accounting Office, a sizable portion of the USTs
which have not been upgraded, as of 2001, were owned by State
and local governments. The committee intends this section to
provide incentives for these governmental entities to comply
with the Federal UST requirements at the earliest possible
date.
Section 6(b) does not provide these governmental entities
with an extension of the 1998 upgrade deadline. Rather, it
mandates that these governmental entities provide EPA with a
detailed report on the status of all publicly owned UST systems
under their jurisdiction within 2 years of enactment, including
a list of the locations of all non-compliant government-owned
USTs. It is the committee's expectation that these governmental
entities will strive to comply with the tank requirements
rather than submit lengthy lists of noncompliant tanks.
Section 6(c) provides enforcement flexibility to EPA when
determining the terms of a compliance orders or the amount of a
civil penalty. The Administrator may provide this leniency if
the owner or operator has a history of operating underground
storage tanks in accordance with applicable law or if they have
implemented an operator training program. Conversely, the
Administrator shall not provide leniency to owners and
operators that have repeatedly violated Federal and State UST
requirements. The intent of this section is not to penalize
owners and operators for paperwork violations deemed to be
minor.
Section 6(d) provides the Administrator, or States with an
approved program, with authority to prohibit the delivery of
regulated substances to underground storage tanks that are not
in compliance with a requirement or standard promulgated by the
Administrator or a State. Prior to exercising this authority,
EPA must promulgate regulations that describe the circumstances
under which the authority may be used and the process by which
the authority will be used consistently and fairly. The intent
of this section is not to penalize owners and operators for
paperwork violations deemed to be minor.
New section 9006(f) authorizes the Administrator or a State
to prohibit deliveries of motor fuels to USTs that are not in
compliance with Federal or State UST regulations (so-called
``red-tag'' authority). Such delivery prohibitions are an
important tool in UST enforcement, as it imposes potential
liability not just on the UST owner/operator but also on the
supplier of the motor fuels being delivered to a non-compliant
tank. States that have adopted such delivery prohibitions have
witnessed an increase in UST compliance.
It is possible that such delivery prohibitions, as well as
the 1998 requirement to upgrade or close USTs, could result in
the closure of motor fuel outlets in remote locations where
alternative fueling locations are not readily at hand.
Consequently, section 9006(f) adopts a temporary limitation on
the use of delivery prohibitions for locations in areas where
the closure of the outlet with the non-compliant UST would
leave motorists with no other fueling alternative.
This limitation, however, is not intended to prohibit the
Administrator or a State from enforcing the 1998 UST standards
against the owners and operators of such remote USTs. These UST
owners/operators have had since 1986 to upgrade these USTs and
have now been in violation of Federal and State law for more
than 4 years. The remote location of the UST is not an excuse
for failure to upgrade the UST fuel leaking from such a tank is
just as likely as any other UST to contaminate local water
supplies.
Therefore, the 180-day limitation on this authority is not
intended to limit the Administrator's or a State's authority to
close such remote location tanks immediately for failure to
comply with Federal or State UST standards. Rather, the
limitation restricts the Administrator's or a State's use of
the delivery prohibition authority authorized by this section
with respect to such remote USTs, and gives these UST owner/
operators an opportunity to bring tanks into compliance with
the statute. This limitation only applies for 180 days after
the Administrator or a State has given the UST owner/operator
notice of non-compliance. After 180 days, the committee
encourages the Administrator or a State to use delivery
prohibition against the UST owner/operator if the UST has not
yet been brought into compliance with Federal and State UST
standards.
The Administrator is directed to issue guidelines which
define the term ``specified geographic areas'' and it is
expected that the term would be defined narrowly. The committee
expects that few USTs would qualify for this limitation and
that the burden must be on the subject UST owner/operator to
show that the closure of the subject UST would make motor fuel
unavailable to motorists in a small town or area.
Section 6(e) directs the Administrator to require States
and Indian tribes to maintain, update at least annually, and
make available to the public, a record of USTs regulated under
this subtitle. EPA shall make each public record available to
the public electronically.
Sec. 7. Federal Facilities
SUMMARY
Section 7 requires the Administrator, in cooperation with
Federal agencies which own or operate USTs or which manage land
on which USTs are located, to review the status of compliance
of those tanks within 1 year of enactment. Within 2 years of
enactment, each Federal agency which owns or operates USTs or
which manage land on which USTs are located must develop
strategies to bring their tanks into compliance with applicable
law.
DISCUSSION
Compliance of all UST systems with the requirements of
subtitle I is of paramount importance. The provisions of the
bill focus equally on privately owned tanks and tanks owned by
government entities. A tank owned by a unit of government or a
tank which is located on Federal land must be held to the same
standards as those tanks owned by private entities.
To address this balance, section 7 adds a new section
9007(c) which requires the Administrator, in cooperation with
each Federal agency that owns or operates USTs or that manages
land on which USTs are located to review and report on the
compliance status of federally regulated tanks. While the
outcome of the Federal UST program must be full compliance, it
is important that sufficient information be collected in order
to ensure that limited resources are being channeled toward the
problem areas. Therefore, within 1 year of enactment, the
Federal agencies are required to review and report on their
compliance status. In addition, those same agencies must also
submit to the Administrator an implementation report which
lists each UST, which they own or which is located on their
land, which is not in compliance with subtitle I and describe
the actions that have been and will be taken to ensure
compliance. This information must be made available to the
public. The information will not shield tank owners from any
penalties or actions to which they are subject under subtitle
I.
The bill also replaces section 9007(a) with a provision
which requires each Federal UST and UST system (as defined in
40 CFR 280.12) to be subject to the provisions of 6001(a). For
the purposes of section 9007(a), the requirements respecting
the control and abatement of solid waste or hazardous waste
disposal and management referred to in section 6001(a) shall
include the control, installation, operation, management, or
closure of any underground storage tank or underground storage
tank system containing any regulated substance and related
release response activities. This new provision is intended to
ensure that the requirements under the Solid Waste Disposal Act
apply equally to private entities and Federal entities.
Sec. 8. Tanks Under the Jurisdiction of Indian Tribes
SUMMARY
Section 8 requires the Administrator, in cooperation with
Indian tribes, to develop and implement a strategy within 1
year of enactment that prioritizes UST releases on Indian lands
and takes necessary corrective actions with respect to those
prioritized releases. Within 2 years of enactment, and every 2
years thereafter, the Administrator shall submit to Congress a
report that summarizes the status of implementation of the UST
program on Indian lands.
DISCUSSION
Section 8 directs EPA, in coordination with Indian Tribes,
to develop and implement a strategy to undertake the necessary
corrective actions and to implement and enforce other
requirements in connection with USTs within Tribal
jurisdiction. Within 2 years of the date of enactment of S.
195, and every 2 years thereafter, EPA is to submit to Congress
a report on the progress of the Agency in implementing the UST
program with respect to tanks within Tribal jurisdiction.
According to EPA, implementation of the leaking underground
storage tank program with respect to tanks within Tribal
jurisdiction has presented a number of unique challenges. The
large number of Indian Tribes and their geographic diversity
can make implementation difficult. In addition, unlike most
States that have established separate State cleanup funds that
contribute to the cleanup of releases from underground storage
tanks, Indian Tribes generally have not established cleanup
funds to offset remediation costs. This bill is intended to
promote the timely and effective response to contamination from
leaking underground storage tanks within Tribal jurisdiction.
Sec. 9. State Authority
SUMMARY
Section 9 clarifies that States have the authority to
establish requirements that are more stringent than the
requirements of Subtitle I.
DISCUSSION
The Federal underground storage tank program has proven
very effective at carrying out the goals of subtitle I. The
success is often attributed to the effective relationship
between the Federal Government and the States, whereby all but
a few States implement the Federal program in a way that is
consistent with the Federal program, but designed to be
successful in a particular State. Section 9 adds a new section
9013 to subtitle I which seeks to clarify the status quo, in
which nothing prohibits a State from establishing a standard or
requirement that is more stringent than Federal law. It is
intended that this section supplement, and not supersede,
existing authorities.
Sec.10. Authorization of Appropriations
SUMMARY
Section 10 authorizes appropriations for each of the
various functions that are required in the legislation.
DISCUSSION
Section 10 adds a new section 9014 to subtitle I of the
Solid Waste Disposal Act. Section 9014(1) provides from general
revenues an authorization of $25,000,000 for each of fiscal
years 2004 through 2008 to carry out subtitle I (except the
leaking underground storage tank program).
New section 9014(2) provides an authorization for
appropriation from the Leaking Underground Storage Tank Trust
Fund for various purposes. The legislation authorizes
$150,000,000 to carry out the leaking underground storage tank
program for each of fiscal years 2004 through 2008;
$125,000,000 for each of fiscal years 2004 through 2008 for the
remediation of MTBE contamination; $35,000,000 for each of
fiscal years 2004 and 2005 and $20,000,000 for each of fiscal
years 2006 through 2009 to carry out the biannual inspections
required in new section 9005(a); and $50,000,000 for fiscal
years 2004 and $30,000,000 for each of fiscal years 2005
through 2009 to carry out new section 9011.
The authorization levels in this section are a significant
increase from the levels which have been appropriated over the
past several years. The increase in the authorization levels
signifies the complexity and number of UST releases that exist
currently and the shortfall of funding with which to address
the problems. The balance in the Leaking Underground Storage
Tank Trust Fund has grown every year. Not only does the Trust
Fund continue to grow with receipts from the petroleum tax, the
interest on the principal continues to pad the balance of the
Fund. In fact, the historic appropriations for this program are
roughly equal to the interest generated by the principal. It is
the intent of this legislation to bring funding levels to a
level that is more even with the annual inputs into the Fund.
Sec. 11. Conforming Amendments
Sec. 12. Technical Amendments
These sections of the bill make conforming and technical
amendments to the Solid Waste Disposal Act.
Legislative History
On January 17, 2003, Senators Chafee, Inhofe, Jeffords,
Carper and Warner introduced S. 195, 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. There were no hearings on S. 195 in the 108th
Congress. In the 107th Congress, the Committee on Environment
and Public Works conducted a hearing on S. 1850, the
predecessor to S. 195, on February 25, 2002 and the
Subcommittee on Superfund, Toxics, Risk, and Waste Management
conducted a hearing on May 8, 2002.
S. 195, as amended, was reported by the Committee on
Environment and Public Works on February 24, 2003.
Hearings
There were no hearings on S. 195 in the 108th Congress. In
the 107th Congress, two hearings were held on S. 1850, the
predecessor to S. 195. On February 25, 2002, the Committee on
Environment and Public Works conducted a field hearing in
Pascoag, Rhode Island to receive testimony on S. 1850, the
Underground Storage Tank Compliance Act of 2001, and the impact
of leaking underground storage tanks on local communities. The
committee received testimony from Mr. George Reilly, Pascoag,
RI; Mr. Michael Wallace, Pascoag, RI; Mr. Jan Reitsma,
Director, Rhode Island Department of Environmental Management,
Providence, RI; Hon. Scott Rabideau, Rhode Island State
Representative, Harrisville, RI; Mr. Arthur J. DeBlois III,
President & CEO, DB Companies, Inc., Providence, RI, on behalf
of the Society of Independent Gasoline Marketers of America
(SIGMA) and the National Association of Convenience Stores
(NACS); and Mr. Jeff Kos, President, Environmental Council of
Rhode Island, Providence, RI.
On May 8, 2002, the Subcommittee on Superfund, Toxics,
Risk, and Waste Management conducted a hearing to receive
testimony on S. 1850, the Underground Storage Tank Compliance
Act of 2001. The subcommittee received testimony from Hon.
Marianne Horinko, Assistant Administrator, Office of Solid
Waste and Emergency Response, U.S. Environmental Protection
Agency, Washington, DC; Mr. John Stephenson, Director, Natural
Resources and Environment, U.S. General Accounting Office,
Washington, DC; Mr. Craig Perkins, Director of Environmental &
Public Works Management, city of Santa Monica, Santa Monica,
CA; Mr. Grant Cope, Staff Attorney, U.S. Public Interest
Research Group, Washington, DC; Ms. Kathleen Stiller, ASTSWMO
Tanks Subcommittee Chair, Delaware Department of Natural
Resources and Environmental Control, New Castle, DE, on behalf
of the Association of State and Territorial Solid Waste
Management Officials (ASTSWMO); Mr. Arthur J. DeBlois III,
President & CEO, DB Companies, Inc., Providence, RI, on behalf
of the Society of Independent Gasoline Marketers of America
(SIGMA) and the National Association of Convenience Stores
(NACS); and Mr. Roger Brunner, Profits Center Manager, Zurich
North America, East Lansing, MI.
Rollcall Votes
On February 24, 2003, the Committee on Environment and
Public Works met to consider S. 195, the Underground Storage
Tank Compliance Act of 2003. A technical amendment offered by
Senators Inhofe, Jeffords, Chafee, and Boxer was agreed to by
voice vote.
Regulatory Impact Statement
Section 11(b) of rule XXVI of the Standing Rules of the
Senate requires publication of the report of the committee's
estimate of the regulatory impact made by the bill as reported.
No regulatory impact is expected by the passage of S. 195. The
bill will not affect the personal privacy of others.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(P.L. 104-4), the committee finds that the bill would impose no
Federal intergovernmental unfunded mandates on State, local, or
tribal governments. All of its governmental directives are
imposed on Federal agencies. The bill does not directly impose
any private sector mandates.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 28, 2003.
Hon. James M. Inhofe, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 195, the Underground
Storage Tank Compliance Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman (for Federal costs), who can be reached at 226-2860,
and Greg Waring (for State and local impact), who can be
reached at 225-3220.
Sincerely,
Douglas Holtz-Eakin.
----------
Congressional Budget Office Cost Estimate
S. 195, Underground Storage Tank Compliance Act of 2002, as ordered
reported by the Senate Committee on Environment and Public
Works on February 24, 2003
Summary
S. 195 would authorize the appropriation of funds to
promote the cleanup of leaking underground storage tank (LUST)
sites and the prevention of leaks at underground storage tank
(UST) sites. The bill would authorize the appropriation of
$1.675 billion from the LUST Trust Fund over the 2004-2008
period for those purposes. This funding would be used by the
Environmental Protection Agency (EPA) for grants to States for
the cleanup and treatment of contamination at LUST sites,
including contamination from methyl tertiary butyl ether (known
as MTBE and used as an additive in some gasoline), and for
enforcement and inspection activities at UST sites. In
addition, S. 195 would authorize the appropriation of $125
million over the next 5 years for EPA to support compliance
efforts at UST sites, including grants to States to develop
leak detection programs.
Assuming appropriation of the specified amounts, CBO
estimates that implementing this legislation would cost about
$1.7 billion over the 2004-2008 period. CBO also estimates that
enactment of S. 195 would have a negligible effect on receipts
because the bill would allow EPA to impose civil penalties on
certain UST operators that do not comply with EPA or State
standards. However, because States are mostly responsible for
implementing the LUST program, CBO estimates that any
additional collection of civil penalties under the bill would
insignificant each year.
Section 7 of this bill would explicitly waive any Federal
immunity from fines and penalties assessed by States enforcing
underground storage tank law, and it would clarify that Federal
facilities are subject to charges if they are not in
compliance. Payment of any fines and penalties could be made
from the Judgment Fund, and in that case, such payments would
be considered direct spending. It is, however, possible that
such payments could be made from appropriated funds. CBO cannot
predict either the number or the dollar amount of judgments
against the Government that could result from enactment of this
bill. Further, we cannot predict whether such potential
judgments would be paid from the Judgment Fund or from
appropriated funds.
S. 195 contains no intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that
the costs would be significantly below the threshold
established by UMRA ($59 million in 2003, adjusted annually for
inflation). Further the Federal Government would likely provide
additional grants to offset some of the costs of the
requirements. S. 195 contains no private-sector mandates as
defined in UMRA.
Estimated Cost to the Federal Government
The estimated budgetary impact of S. 195 is shown in the
following table. For this estimate, CBO assumes that the
authorized amounts will be appropriated for each year and that
outlays will follow historical spending patterns for similar
activities. The costs of this legislation fall within budget
function 300 (natural resources and environment).
Estimated Impact on State, Local, and Tribal Governments
S. 195 contains intergovernmental mandates as defined in
the UMRA because each State would be required to develop and
implement a training strategy for operators of underground
storage tanks that is consistent with guidelines established by
EPA.
The bill also would require each State to develop an
implementation report that lists each State and locally owned
underground storage tank not in compliance with regulations,
the past actions taken toward the listed tanks, and the future
steps that will be taken to bring those tanks into compliance.
CBO estimates that the costs of the mandates, taken
together, would fall significantly below the threshold
established by UMRA ($59 million in 2003, adjusted annually for
inflation). Further, States would be eligible for grants from
EPA to implement the requirements. Other provisions of the bill
would be voluntary and would benefit State, local, and tribal
governments.
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
LUST and UST Spending Under Current Law:
Budget Authority\1\......................................... 89 0 0 0 0 0
Estimated Outlays........................................... 93 60 33 13 5 0
Proposed Changes LUST Grants to States:
Authorization Level......................................... 0 150 150 150 150 150
Estimated Outlays........................................... 0 128 150 150 150 150
EPA Support for UST:
Authorization Level......................................... 0 25 25 25 25 25
Estimated Outlays........................................... 0 21 25 25 25 25
Biannual Inspections of USTs:
Authorization Level......................................... 0 35 35 20 20 20
Estimated Outlays........................................... 0 30 35 22 20 20
MTBE Remediation:
Authorization Level......................................... 0 125 125 125 125 125
Estimated Outlays........................................... 0 106 125 125 125 125
Prevention and Compliance Grants:
Authorization Level......................................... 0 50 30 30 30 30
Estimated Outlays........................................... 0 43 33 30 30 30
Total Proposed Changes:
Authorized Level............................................ 0 385 365 350 350 350
Estimated Outlays........................................... 0 328 368 352 350 350
LUST and UST Spending Under S. 195:
Authorization Level......................................... 89 385 365 350 350 350
Estimated Outlays........................................... 93 388 401 365 355 350
----------------------------------------------------------------------------------------------------------------
\1\The 2003 level is the amount appropriated for EPA's LUST and UST programs in that year.
Estimated Impact on the Private Sector
S. 195 contains no intergovernmental or private-sector
mandates as defined in UMRA.
Estimate Prepared By: Federal Costs: Susanne S. Mehlman (226-
2860); Impact on State, Local, and Tribal Governments: Greg
Waring (225-3220); Impact on the Private Sector: Jean Talarico
(226-2940).
Estimate Approved By: Peter H. Fontaine Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
SOLID WASTE DISPOSAL ACT
[As Amended Through P.L. 106-580, Dec. 29, 2000]
TITLE II--SOLID WASTE DISPOSAL
Subtitle A--General Provisions
SHORT TITLE AND TABLE OF CONTENTS
Sec. 1001. This title (hereinafter in this title referred
to as ``this Act''), together with the following table of
contents, may be cited as the ``Solid Waste Disposal Act'':
Subtitle A--General Provisions
Sec. 1001. Short title and table of contents.
* * * * * * *
Sec. 9002. Notification and public records.
* * * * * * *
[Sec. 9010. Authorization of appropriations.]
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.
DEFINITIONS AND EXEMPTIONS
Sec. 9001. [For the purposes of this subtitle--] In this
subtitle:
(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.).
[(1)] (10) The term ``underground storage tank''
means any one or combination of tanks (including
underground pipes connected thereto) which is used to
contain an accumulation of regulated substances, and
the volume of which (including the volume of the
underground pipes connected thereto) is 10 per centum
or more beneath the surface of the ground. Such term
does not include any--
(A) farm or residential tank of 1,100
gallons or less capacity used for storing motor
fuel for noncommercial purposes,
(B) tank used for storing heating oil for
consumptive use on the premises where stored,
(C) septic tank,
(D) pipeline facility (including gathering
lines)--
(i) which is regulated under
chapter 601 of title 49, United States
Code, or
(ii) which is an intrastate
pipeline facility regulated under State
laws as provided in chapter 601 of
title 49, United States Code,
and which is determined by the Secretary to be
connected to a pipeline or to be operated or
intended to be capable of operating at pipeline
pressure or as an integral part of a pipeline,
(E) surface impoundment, pit, pond, or
lagoon,
(F) storm water or waste water collection
system,
(G) flow-through process tank,
(H) liquid trap or associated gathering
lines directly related to oil or gas production
and gathering operations, or
(I) storage tank situated in an underground
area (such as a basement, cellar, mineworking,
drift, shaft, or tunnel) if the storage tank is
situated upon or above the surface of the
floor.
The term ``underground storage tank'' shall not include
any pipes connected to any tank which is described in
subparagraphs (A) through (I).
[(2)] (7) The term ``regulated substance'' means--
(A) any substance defined in section
101(14) of the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (but not including any substance regulated
as a hazardous waste under subtitle C), and
(B) petroleum.
[(3)] (4) The term ``owner'' means--
(A) in the case of an underground storage
tank in use on the date of enactment of the
Hazardous and Solid Waste Amendments of 1984,
or brought into use after that date, any person
who owns an underground storage tank used for
the storage, use, or dispensing of regulated
[sustances] substances, and
(B) in the case of any underground storage
tank in use before the date of enactment of the
Hazardous and Solid Waste Amendments of 1984,
but no longer in use on the date of enactment
of such Amendments, any person who owned such
tank immediately before the discontinuation of
its use.
[(4)] (3) The term ``operator'' means any person in
control of, or having responsibility for, the daily
operation of the underground storage tank.
[(5)] (8) The term ``release'' means any spilling,
leaking, emitting, discharging, escaping, leaching, or
disposing from an underground storage tank into ground
water, surface water or subsurface soils.
[(6)] (5) The term ``person'' has the same meaning
as provided in section 1004(15), except that such term
includes a consortium, a joint venture, and a
commercial entity, and the United States Government.
[(7)] (2) The term ``nonoperational storage tank''
means any underground storage tank in which regulated
substances will not be deposited or from which
regulated substances will not be dispensed after the
date of the enactment of the Hazardous and Solid Waste
Amendments of 1984.
[(8)] (6) The term ``petroleum'' means petroleum,
including crude oil or any fraction thereof which is
liquid at standard conditions of temperature and
pressure (60 degrees Fahrenheit and 14.7 pounds per
square inch absolute).
(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.
* * * * * * *
NOTIFICATION AND PUBLIC RECORDS
Sec. 9002. (a) Underground Storage Tanks.--(1) Within 18
months after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984, each owner of an underground storage
tank shall notify the State or local agency or department
designated pursuant to subsection (b)(1) of the existence of
such tank, specifying the age, size, type, location, and uses
of such tank.
(2)(A) For each underground storage tank taken out of
operation after January 1, 1974, the owner of such tank shall,
within eighteen months after the date of enactment of the
Hazardous and Solid Waste Amendments of 1984, notify the State
or local agency, or department designated pursuant to
subsection (b)(1) of the existence of such tanks (unless the
owner knows the tank subsequently was removed from the ground).
The owner of a tank taken out of operation on or before January
1, 1974, shall not be required to notify the State or local
agency under this subsection.
(B) Notice under subparagraph (A) shall specify, to the
extent known to the owner--
(i) the date the tank was taken out of operation,
(ii) the age of the tank on the date taken out of
operation,
(iii) the size, type and location of the tank, and
(iv) the type and quantity of substances left
stored in such tank on the date taken out of operation.
(3) Any owner which brings into use an underground
storage tank after the initial notification period specified
under paragraph (1), shall notify the designated State or local
agency or department within thirty days of the existence of
such tank, specifying the age, size, type, location and uses of
such tank.
(4) Paragraphs (1) through (3) of this subsection shall
not apply to tanks for which notice was given pursuant to
section 103(c) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
(5) Beginning thirty days after the Administrator
prescribes the form of notice pursuant to subsection (b)(2) and
for eighteen months thereafter, any person who deposits
regulated substances in an underground storage tank shall
reasonably notify the owner or operator of such tank of the
owner's notification requirements pursuant to this subsection.
(6) Beginning thirty days after the Administrator issues
new tank performance standards pursuant to section 9003(e) of
this subtitle, any person who sells a tank intended to be used
as an underground storage tank shall notify the purchaser of
such tank of the owner's notification requirements pursuant to
this subsection.
(b) Agency Designation.--(1) Within one hundred and
eighty days after the enactment of the Hazardous and Solid
Waste Amendments of 1984, the Governors of each State shall
designate the appropriate State agency or department or local
agencies or departments to receive the notifications under
subsection (a)(1), (2), or (3).
(2) Within twelve months after the date of enactment of
the Hazardous and Solid Waste Amendments of 1984, the
Administrator, in consultation with State and local officials
designated pursuant to subsection (b)(1), and after notice and
opportunity for public comment, shall prescribe the form of the
notice and the information to be included in the notifications
under subsection (a)(1), (2), or (3). In prescribing the form
of such notice, the Administrator shall take into account the
effect on small businesses and other owners and operators.
(c) State Inventories.--Each State shall make 2 separate
inventories of all underground storage tanks in such State
containing regulated substances. One inventory shall be made
with respect to petroleum and one with respect to other
regulated substances. In making such inventories, the State
shall utilize and aggregate the data in the notification forms
submitted pursuant to subsections (a) and (b) of this section.
Each State shall submit such aggregated data to the
Administrator not later than 270 days after the enactment of
the Superfund Amendments and Reauthorization Act of 1986.
(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.
RELEASE DETECTION, PREVENTION, AND CORRECTION REGULATIONS
Sec. 9003. (a) * * *
* * * * * * *
(f) Effective Dates.--(1) Regulations issued pursuant to
[subsections (c) and (d) of this section] subsections (c) and
(d), and standards issued pursuant to subsection (e) of this
section, for underground storage tanks containing regulated
substances defined in section [9001(2)(B)] 9001(7)(B)
(petroleum, including crude oil or any fraction thereof which
is liquid at standard conditions of temperature and pressure)
shall be effective not later than thirty months after the date
of enactment of the Hazardous and Solid Waste Amendments of
1984.
(2) Standards issued pursuant to subsection (e) of this
section (entitled ``New Tank Performance Standards'') for
underground storage tanks containing regulated substances
defined in section [9001(2)(A)] 9001(7)(A) shall be effective
not later than thirty-six months after the date of enactment of
the Hazardous and Solid Waste Amendments of 1984.
(3) Regulations issued pursuant to subsection (c) of this
section (entitled ``Requirements'') and standards issued
pursuant to subsection (d) of this section (entitled
``Financial Responsibility'') for underground storage tanks
containing regulated substances defined in section [9001(2)(A)]
9001(7)(A) shall be effective not later than forty-eight months
after the date of enactment of the Hazardous and Solid Waste
Amendments of 1984.
* * * * * * *
(h) EPA Response Program for Petroleum.--
(1) Before regulations.--Before the effective date
of regulations under subsection (c), the Administrator
(or a State pursuant to paragraph (7)) is authorized
to--
(A) require the owner or operator of an
underground storage tank to undertake
corrective action with respect to any release
of petroleum when the Administrator (or the
State) determines that such corrective action
will be done properly and promptly by the owner
or operator of the underground storage tank
from which the release occurs; or
(B) undertake corrective action with
respect to any release of petroleum into the
environment from an underground storage tank if
such action is necessary, in the judgment of
the Administrator (or the State), to protect
human health and the environment.
The corrective action undertaken or required by this
paragraph shall be such as may be necessary to protect
human health and the environment. The Administrator
shall use funds in the [Leaking Underground Storage
Tank Trust Fund] Trust Fund for payment of costs
incurred for corrective action under subparagraph (B),
enforcement action under subparagraph (A), and cost
recovery under paragraph (6) of this subsection.
Subject to the priority requirements of paragraph (3),
the Administrator (or the State) shall give priority in
undertaking such actions under subparagraph (B) to
cases where the Administrator (or the State) cannot
identify a solvent owner or operator of the tank who
will undertake action properly.
(2) After regulations.--Following the effective
date of regulations under subsection (c), all actions
or orders of the Administrator (or a State pursuant to
paragraph (7)) described in paragraph (1) of this
subsection shall be in conformity with such
regulations. Following such effective date, the
Administrator (or the State) may undertake corrective
action with respect to any release of petroleum into
the environment from an underground storage tank only
if such action is necessary, in the judgment of the
Administrator (or the State), to protect human health
and the environment and one or more of the following
situations exists:
(A) No person can be found, within 90 days
or such shorter period as may be necessary to
protect human health and the environment, who
is--
(i) an owner or operator of the
tank concerned,
(ii) subject to such corrective
action regulations, and
(iii) capable of carrying out such
corrective action properly.
(B) A situation exists which requires
prompt action by the Administrator (or the
State) under this paragraph to protect human
health and the environment.
(C) Corrective action costs at a facility
exceed the amount of coverage required by the
Administrator pursuant to the provisions of
subsections (c) and (d)(5) of this section and,
considering the class or category of
underground storage tank from which the release
occurred, expenditures from the [Leaking
Underground Storage Tank Trust Fund] Trust Fund
are necessary to assure an effective corrective
action.
(D) The owner or operator of the tank has
failed or refused to comply with an order of
the Administrator under this subsection or
section 9006 or with the order of a State under
this subsection to comply with the corrective
action regulations.
(3) Priority of corrective actions.--The
Administrator (or a State pursuant to paragraph (7))
shall give priority in undertaking corrective actions
under this subsection, and in issuing orders requiring
owners or operators to undertake such actions, to
releases of petroleum from underground storage tanks
which pose the greatest threat to human health and the
environment.
(4) Corrective action orders.--The Administrator is
authorized to issue orders to the owner or operator of
an underground storage tank to carry out subparagraph
(A) of paragraph (1) or to carry out regulations issued
under subsection (c)(4). A State acting pursuant to
paragraph (7) of this subsection is authorized to carry
out subparagraph (A) of paragraph (1) only until the
State's program is approved by the Administrator under
section 9004 of this subtitle. Such orders shall be
issued and enforced in the same manner and subject to
the same requirements as orders under section 9006.
(5) Allowable corrective actions.--The corrective
actions undertaken by the Administrator (or a State
pursuant to paragraph (7)) under paragraph (1) or (2)
may include temporary or permanent relocation of
residents and alternative household water supplies. In
connection with the performance of any corrective
action under paragraph (1) or (2), the Administrator
may undertake an exposure assessment as defined in
paragraph (10) of this subsection or provide for such
an assessment in a cooperative agreement with a State
pursuant to paragraph (7) of this subsection. The costs
of any such assessment may be treated as corrective
action for purposes of paragraph (6), relating to cost
recovery.
(6) Recovery of costs.--
(A) In general.--Whenever costs have been
incurred by the Administrator, or by a State
pursuant to paragraph (7), for undertaking
corrective action or enforcement action with
respect to the release of petroleum from an
underground storage tank, the owner or operator
of such tank shall be liable to the
Administrator or the State for such costs. The
liability under this paragraph shall be
construed to be the standard of liability which
obtains under section 311 of the Federal Water
Pollution Control Act.
(B) Recovery.--In determining the equities
for seeking the recovery of costs under
subparagraph (A), the Administrator (or a State
pursuant to paragraph (7) of this subsection)
may consider the amount of financial
responsibility required to be maintained under
subsections (c) and (d)(5) of this section and
the factors considered in establishing such
amount under subsection (d)(5).
(C) Effect on liability.--
(i) No transfers of liability.--No
indemnification, hold harmless, or
similar agreement or conveyance shall
be effective to transfer from the owner
or operator of any underground storage
tank or from any person who may be
liable for a release or threat of
release under this subsection, to any
other person the liability imposed
under this subsection. Nothing in this
subsection shall bar any agreement to
insure, hold harmless, or indemnify a
party to such agreement for any
liability under this section.
(ii) No bar to cause of action.--
Nothing in this subsection, including
the provisions of clause (i) of this
subparagraph, shall bar a cause of
action that an owner or operator or any
other person subject to liability under
this section, or a guarantor, has or
would have, by reason of subrogation or
otherwise against any person.
(D) Facility.--For purposes of this
paragraph, the term ``facility'' means, with
respect to any owner or operator, all
underground storage tanks used for the storage
of petroleum which are owned or operated by
such owner or operator and located on a single
parcel of property (or on any contiguous or
adjacent property).
(7) State authorities.--
(A) General.--A State may exercise the
authorities in paragraphs [(1) and (2) of this
subsection] paragraphs (1), (2), and (12),
subject to the terms and conditions of
paragraphs (3), (5), (9), (10), and (11)[, and
including the authorities of paragraphs (4),
(6), and (8) of this subsection] and the
authority under sections 9005(a) and 9011 and
paragraphs (4), (6), and (8), if--
(i) the Administrator determines
that the State has the capabilities to
carry out effective corrective actions
and enforcement activities; and
(ii) the Administrator enters into
a cooperative agreement with the State
setting out the actions to be
undertaken by the State.
The Administrator may provide funds from the
[Leaking Underground Storage Tank Trust Fund]
Trust Fund for the reasonable costs of the
State's actions under the cooperative
agreement.
(B) Cost share.--Following the effective
date of the regulations under subsection (c) of
this section, the State shall pay 10 per centum
of the cost of corrective actions undertaken
either by the Administrator or by the State
under a cooperative agreement, except that the
Administrator may take corrective action at a
facility where immediate action is necessary to
respond to an imminent and substantial
endangerment to human health or the environment
if the State fails to pay the cost share.
(8) Emergency procurement powers.--Notwithstanding
any other provision of law, the Administrator may
authorize the use of such emergency procurement powers
as he deems necessary.
(9) Definition of owner or operator.--
(A) In general.--As used in this subtitle,
the terms ``owner'' and ``operator'' do not
include a person that, without participating in
the management of an underground storage tank
and otherwise not engaged in petroleum
production, refining, or marketing, holds
indicia of ownership primarily to protect the
person's security interest.
(B) Security interest holders.--The
provisions regarding holders of security
interests in subparagraphs (E) through (G) of
section 101(20) and the provisions regarding
fiduciaries at section 107(n) of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 shall
apply in determining a person's liability as an
owner or operator of an underground storage
tank for the purposes of this subtitle.
(C) Effect on rule.--Nothing in
subparagraph (B) shall be construed as
modifying or affecting the final rule issued by
the Administrator on September 7, 1995 (60 Fed.
Reg. 46,692), or as limiting the authority of
the Administrator to amend the final rule, in
accordance with applicable law. The final rule
in effect on the date of enactment of this
subparagraph shall prevail over any
inconsistent provision regarding holders of
security interests in subparagraphs (E) through
(G) of section 101(20) or any inconsistent
provision regarding fiduciaries in section
107(n) of the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980. Any amendment to the final rule shall be
consistent with the provisions regarding
holders of security interests in subparagraphs
(E) through (G) of section 101(20) and the
provisions regarding fiduciaries in section
107(n) of the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980. This subparagraph does not preclude
judicial review of any amendment of the final
rule made after the date of enactment of this
subparagraph.
(10) Definition of exposure assessment.--As used in
this subsection, the term ``exposure assessment'' means
an assessment to determine the extent of exposure of,
or potential for exposure of, individuals to petroleum
from a release from an underground storage tank based
on such factors as the nature and extent of
contamination and the existence of or potential for
pathways of human exposure (including ground or surface
water contamination, air emissions, and food chain
contamination), the size of the community within the
likely pathways of exposure, and the comparison of
expected human exposure levels to the short-term and
long-term health effects associated with identified
contaminants and any available recommended exposure or
tolerance limits for such contaminants. Such assessment
shall not delay corrective action to abate immediate
hazards or reduce exposure.
(11) Facilities without financial responsibility.--
At any facility where the owner or operator has failed
to maintain evidence of financial responsibility in
amounts at least equal to the amounts established by
subsection (d)(5)(A) of this section (or a lesser
amount if such amount is applicable to such facility as
a result of subsection (d)(5)(B) of this section) for
whatever reason the Administrator shall expend no
monies from the [Leaking Underground Storage Tank Trust
Fund] Trust Fund to clean up releases at such facility
pursuant to the provisions of paragraph (1) or (2) of
this subsection. At such facilities the Administrator
shall use the authorities provided in subparagraph (A)
of paragraph (1) and paragraph (4) of this subsection
and section 9006 of this subtitle to order corrective
action to clean up such releases. States acting
pursuant to paragraph (7) of this subsection shall use
the authorities provided in subparagraph (A) of
paragraph (1) and paragraph (4) of this subsection to
order corrective action to clean up such releases.
Notwithstanding the provisions of this paragraph, the
Administrator may use monies from the fund to take the
corrective actions authorized by paragraph (5) of this
subsection to protect human health at such facilities
and shall seek full recovery of the costs of all such
actions pursuant to the provisions of paragraph (6)(A)
of this subsection and without consideration of the
factors in paragraph (6)(B) of this subsection. Nothing
in this paragraph shall prevent the Administrator (or a
State pursuant to paragraph (7) of this subsection)
from taking corrective action at a facility where there
is no solvent owner or operator or where immediate
action is necessary to respond to an imminent and
substantial endangerment of human health or the
environment.
(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).
(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.
* * * * * * *
APPROVAL OF STATE PROGRAMS
Sec. 9004. (a) Elements of State Program.--Beginning 30
months after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984, any State may, submit an underground
storage tank release detection, prevention, and correction
program for review and approval by the Administrator. The
program may cover tanks used to store regulated substances
referred to [in 9001(2) (A) or (B) or both] in subparagraph (A)
or (B) of section 9001(7). A State program may be approved by
the Administrator under this section only if the State
demonstrates that the State program includes the following
requirements and standards and provides for adequate
enforcement of compliance with such requirements and
standards--
* * * * * * *
(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).
INSPECTIONS, MONITORING, TESTING, AND CORRECTIVE ACTION
Sec. 9005. (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).
[(a)] (b) Furnishing Information.--For the purposes of
developing or assisting in the development of any regulation,
conducting any [study taking] study, taking any corrective
action, or enforcing the provisions of this subtitle, any owner
or operator of an underground storage tank (or any tank subject
to study under section 9009 that is used for storing regulated
substances) shall, upon request of any officer, employee or
representative of the Environmental Protection Agency, duly
designated by the Administrator, or upon request of any duly
designated officer, employee, or representative of a State
acting parsuant to subsection (h)(7) of section 9003 or with an
approved program, furnish information relating to such tanks,
their associated equipment, their contents, conduct monitoring
or testing, permit such officer at all reasonable times to have
access to, and to copy all records relating to such tanks and
permit such officer to have access for corrective action. For
the purposes of developing or assisting in the development of
any regulation, conducting any study, taking corrective action,
or enforcing the provisions of this subtitle, such officers,
employees, or representatives are authorized--
(1) to enter at reasonable times any establishment
or other place where an underground storage tank is
located;
(2) to inspect and obtain samples from any person
of any regulated substances contained in such tank;
(3) to conduct monitoring or testing of the tanks,
associated equipment, contents, or surrounding soils,
air, surface water or ground water, and
(4) to take corrective action.
Each such inspection shall be commenced and completed with
reasonable promptness.
[(b)] (c) Confidentiality.--(1) Any records, reports, or
information obtained from any persons under this section shall
be available to the public, except that upon a showing
satisfactory to the Administrator (or the State, as the case
may be) by any person that records, reports, or information, or
a particular part thereof, to which the Administrator (or the
State, as the case may be) or any officer, employee, or
representative thereof has access under this section if made
public, would divulge information entitled to protection under
section 1905 of title 18 of the United States Code, such
information or particular portion thereof shall be considered
confidential in accordance with the purposes of that section,
except that such record, report, document, or information may
be disclosed to other officers, employees, or authorized
representatives of the United States concerned with carrying
out this Act, or when [relevent] relevant in any proceeding
under this Act.
(2) Any person not subject to the provisions of section
1905 of title 18 of the United States Code who knowingly and
willfully divulges or discloses any information entitled to
protection under this subsection shall, upon conviction, be
subject to a fine of not more than $5,000 or to imprisonment
not to exceed one year, or both.
(3) In submitting data under this subtitle, a person
required to provide such data may--
(A) designate the data which such person believes
is entitled to protection under this subsection, and
(B) submit such designated data separately from
other data submitted under this subtitle.
A designation under this paragraph shall be made in writing and
in such manner as the Administrator may prescribe.
(4) Notwithstanding any limitation contained in this
section or any other provision of law, all information reported
to, or otherwise obtained, by the Administrator (or any
representative of the Administrator) under this Act shall be
made available, upon written request of any duly authorized
committee of the Congress, to such committee (including
records, reports, or information obtained by representatives of
the [Evironmental] Environmental Protection Agency).
* * * * * * *
FEDERAL ENFORCEMENT
Sec. 9006. (a) * * *
* * * * * * *
(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.
(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.
* * * * * * *
FEDERAL FACILITIES
Sec. 9007. [(a) Application of Subtitle.--Each
department, agency, and instrumentality of the executive,
legislative, and judicial branches of the Federal Government
having jurisdiction over any underground storage tank shall be
subject to and comply with all Federal, State, interstate, and
local requirements, applicable to such tank, both substantive
and procedural, in the same manner, and to the same extent, as
any other person is subject to such requirements, including
payment of reasonable service charges. 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.]
(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).
* * * * * * *
(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.
* * * * * * *
STUDY OF UNDERGROUND STORAGE TANKS
Sec. 9009. (a) Petroleum Tanks.--Not later than twelve
months after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984, the Administrator shall complete a
study of underground storage tanks used for the storage of
regulated substances defined in section [9001(2)(B)]
9001(7)(B).
(b) Other Tanks.--Not later than thirty-six months after
the date of enactment of the Hazardous and Solid Waste
Amendments of 1984, the Administrator shall complete a study of
all other underground storage tanks.
(c) Elements of Studies.--The studies under subsections
(a) and (b) shall include an assessment of the ages, types
(including methods of manufacture, coatings, protection
systems, the compatibility of the construction materials and
the installation methods) and locations (including the climate
of the locations) of such tanks; soil conditions, water tables,
and the hydrogeology of tank locations; the relationship
between the foregoing factors and the likelihood of releases
from underground storage tanks; the effectiveness and costs of
inventory systems, tank testing, and leak detection systems;
and such other factors as the Administrator deems appropriate.
(d) Farm and Heating Oil Tanks.--Not later than thirty-
six months after the date of enactment of the Hazardous and
Solid Waste Amendments of 1984, the Administrator shall conduct
a study regarding the tanks referred to in section [9001(1) (A)
and (B)] subparagraphs (A) and (B) of section 9001(10). Such
study shall include estimates of the number and location of
such tanks and an analysis of the extent to which there may be
releases or threatened releases from such tanks into the
environment.
* * * * * * *
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. 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).
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. 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. 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.
* * * * * * *