S. 195Senate108th Congress (2003-2005)Passed Senate

Underground Storage Tank Compliance Act of 2003

Legislative Activity

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11 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Environment and Hazardous Materials.

May 20, 2003

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SenateIntro Referral

Introduced in Senate

January 17, 2003

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S1148-1149)

January 17, 2003

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S1149-1151)

Environment and Public Works Committee

January 17, 2003

SenateCommittee

Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.

Environment and Public Works Committee

February 24, 2003

SenateCommittee

Committee on Environment and Public Works. Reported by Senator Inhofe with an amendment in the nature of a substitute. With written report No. 108-13.

Environment and Public Works Committee

March 5, 2003

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 25.

March 5, 2003

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (consideration: CR S5684-5689; text of measure as reported in Senate: CR S5684-5686; text as passed Senate: CR S5686-5689)

May 1, 2003

SenateFloor

Message on Senate action sent to the House.

May 5, 2003

HouseFloor

Received in the House.

May 5, 2003 • 2:03 PM

HouseFloor

Held at the desk.

May 5, 2003 • 4:30 PM

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

May 15, 2003

HouseCommittee

Referred to the Subcommittee on Environment and Hazardous Materials.

May 20, 2003

Floor Debate

8 members

What members said about S. 195 on the floor

6 Republicans2 Democrats

Sen. Jon S. CorzineD-NJ · Jan 17, 2003

Mr. President, I rise today to introduce a bill that represents an important step towards the goal of addressing the threats posed by global climate change. I am pleased to be joined on this bill by Senator Jeffords and Senator Lieberman. They were cosponsors of this legislation in the 107th Congress, they are recognized environmental leaders in the Senate, and are long-standing, outspoken advocates for taking action to mitigate climate change. I appreciate their help in introducing this legislation today.

Climate change is a complex issue. Scientifically. Economically. Politically. But complexity is no excuse for inattention or inaction. Because the health and viability of the global ecosystems upon which we all depend are at stake. And the time to act is now.

In 2001, the Intergovernmental Panel on Climate Change released its Third Assessment Report. That report shows that climate change science is increasingly clear and alarming. We know that human activities, primarily fossil fuel combustion, have raised the atmospheric concentration of carbon dioxide to the highest levels in the last 420,000 years. We know that the planet is warming, and that the balance of the scientific evidence suggests that most of the recent warming can be attributed to increased atmospheric greenhouse gas levels. We know that without concerted action by the U.S. and other countries, greenhouse gases will continue to increase.

These findings were echoed by a National Academy Sciences report published later in 2001, which concluded that: ``Greenhouse gases are accumulating in Earth's atmosphere as a result of human activities, causing surface air temperatures and subsurface ocean temperatures to rise. Temperatures are, in fact, rising. The changes observed over the last several decades are likely mostly due to human activities, but we cannot rule out that some significant part of these changes is also a reflection of natural variability. . . . ``Despite the uncertainties, there is general agreement that the observed warming is real and particularly strong within the past 20 years.''

Climate science and climate modeling have improved. These models predict warming under all scenarios that have been considered. Even the smallest warming predicted by current models, 2.5 degrees Fahrenheit over the next century, would represent the greatest rate of increase in global mean surface temperature in the last 10,000 years.

If these trends continue, the results may be devastating. People in my State of New Jersey treasure their Jersey Shore. With the exception of the 50 mile northern border with New York, New Jersey is surrounded by water. The State's Atlantic coastline stretches 127 miles. Fourteen of 21 counties have estuarine or marine shorelines. Rising sea level is already having adverse impacts, by exacerbating coastal erosion, and causing inundation, flooding, and saline intrusions into ground water. The NJ coastal area also supports one of New Jersey's largest industries, tourism.

Sea level is rising more rapidly along the US coast than worldwide. Studies by EPA and others have estimated that along the Gulf and Atlantic coasts, a one-foot rise in the sea level is likely by 2050 and could occur as soon as 2025. In the next century, a two-foot rise is most likely but a four-foot rise is possible. The implications for New Jersey and many other coastal States are potentially very significant. I am concerned about this impact. And I am concerned about other climate change impacts across New Jersey, the country and the globe.

The time for inaction and delay is over. We need to take steps today to start dealing with this issue. This bill is a modest step. But I think it's an important one, and it's one that I believe we should be able to act on during the 108th Congress.

The main provisions of the bill establish a system that would require companies to estimate and report their emissions of greenhouse gases, and a place where companies can register greenhouse gas emissions reductions. In addition, the bill would require an annual report on U.S. greenhouse gas emissions. I'd like to go through each of these components in more detail.

First, the bill requires EPA to work with the Secretaries of Energy, Commerce and Agriculture, as well as the private sector and non- governmental organizations to establish a greenhouse gas emission information system. For the purposes of the bill, greenhouse gases are carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. EPA is directed to establish threshold quantities for each of these gases. The threshold quantities will trigger the requirement for a company to report to the system, and are included to enable EPA to exclude most small businesses from the reporting requirements.

Companies that emit more than a threshold quantity of each gas will be required to report their emissions on an annual basis to EPA. The requirements will be phased in, beginning with direct, stationary source emissions in 2004. The following year, in 2005, companies subject to the reporting requirements will need to submit to EPA estimates of other types of greenhouse gas

emissions, such as process emissions, fugitive emissions, mobile source emissions, forest product-sensor emissions, and indirect emissions from heat and steam. By reporting to the system, companies will be able to establish emissions baselines.

Perhaps more important than the reporting system is the greenhouse gas registry established by the bill. The bill requires EPA a greenhouse gas registry, which will enable companies to register greenhouse gas reductions. Many companies are voluntarily implementing projects to reduce emissions or sequester carbon. The registry would establish a place for companies to be able to put these projects on public record in a consistent and reliable way.

Taken together, these provisions of the bill will accomplish several important goals. First, they will create a reliable inventory of the sources of greenhouse gas emissions within our economy. But more importantly, these provisions will provide a powerful incentive for companies to continue to make voluntary greenhouse gas reductions. The reason is that the greenhouse registry will be a place where companies can register their greenhouse gas reductions in a consistent and uniform way. This will enable companies to publicly verify the actions they are taking to reduce their emissions. It also provides a place where farmers, ranchers and foresters can register their carbon sequestration projects. They can then trade these registered reductions with any companies that might wish to purchase them. This had the potential to create a new carbon market that our farmers can benefit from.

Prior efforts to provide ``future credits'' in a registry bill have run up against a Constitutional problem in that we cannot bind future Congresses in legislation. So the bill does not provide such credits, per se. But it does establish a robust and credible reporting system and registry. And if companies register their reductions in a strong registry, they will have as much assurance as we can provide them that their reductions will be taken into account if a mandatory greenhouse gas emission reduction program is enacted.

I believe that such a mandatory emissions reduction program will be necessary, and I already support such a program, for example, Senator Jeffords' Clean Power Act. I don't believe that a reporting and registry system such as I am proposing is a substitute for such a mandatory emissions reductions program. But a reporting and registry system is a necessary component of any such program, and is a step that Congress may be able to agree on now, despite differences of opinion about whether mandatory emissions reductions are necessary at this time. A greenhouse gas reporting system and registry is a step we ought to take now, because it would provide a structure that encourages companies to make voluntary reductions now. That's the main purpose of the bill.

In addition, the bill requires EPA to annually publish a U.S. greenhouse gas emissions inventory. This will be a national account of greenhouse gas emissions for our nation, and will incorporate the information submitted to the greenhouse gas information system and registry. EPA has issued a similar report for several years now, and this provision is intended to explicitly authorize and specify the scope of that report going forward.

I want to add that I think that many of the emissions measurement challenges have been worked out or are being worked out now. Many advances have been made in recent years, often in a cooperative way, with industry, environmental groups and governments at the table working towards measurement protocols, such as the GHG Protocol Initiative. It's my intent that in developing the systems and protocols developed under this bill that EPA take advantage of the best practices that have been and continue to be developed in this fashion.

I first introduced this bill in December 2001. Since that time, I think it's fair to say that the Bush Administration has done literally nothing of consequence to address the climate change threat. But I think that there are many in industry who disagree with the Bush policy. Last September 16, the Pew Center ran an ad in the Washington Post that was signed by 40 major companies, including energy producers such as American Electric Power, BP, Cinergy, Entergy, and Sunoco. In that ad, these companies stated their support for policies to ``disclose major sources of greenhouse gas emissions and recognize early action.'' In addition, ExxonMobil stated in their 2002 report, ``Corporate Citizenship in a Changing World,'' that they are ``working with governments and industry associations to promote development of procedures for mandatory reporting by all businesses, so that in the future we can report emissions for activities we operate and also those in which we share ownership with others.'' So there is a willingness on the part of many major U.S. corporations to move to emissions reporting. Congress needs to follow the leads of these companies.

I also want to note that I worked on a bipartisan greenhouse gas registry and reporting bill with Senator Brownback last year. That bill passed the Senate by voice vote as a Brownback-Corzine amendment to the Senate energy bill. While it did not require reporting immediately, it ensured robust participation in the reporting and registry system in the near future through a trigger mechanism. And while I preferred a mandatory system, and still do, I am primarily concerned with getting results. And the Brownback-Corzine approach had the support of the full Senate. So while I still prefer a mandatory system, as this bill would create, I remain willing and open to work with Senator Brownback on an alternative again in this Congress.

In closing, it's clear that it's up to Congress to lead on climate change. I urge my colleagues to work with me this Congress to create a credible greenhouse gas reporting and registry system that will encourage voluntary reductions. I ask unanimous consent that the text of the bill be printed in the Record.

Sen. George AllenR-VA · Jan 17, 2003

Mr. President, today I rise with my colleagues--Senators McCain, Stevens, Hollings and Miller to introduce the Digital & Wireless Network Technology Program Act of 2003. Access to the Internet is no…

Mr. President, today I rise with my colleagues--Senators McCain, Stevens, Hollings and Miller to introduce the Digital & Wireless Network Technology Program Act of 2003.

Access to the Internet is no longer a luxury, but a necessity. Because of the rapid advancement and growing dependence on technology, being digitally connected becomes more essential to economic and educational advancement. 60 percent of all jobs require information technology skills and jobs in information technology pay significantly higher salaries than jobs in non-information technology fields. People who lack access to information technology tools are at an increasing disadvantage. Consequently, it is important that all institutions of higher education provide their students with access to the most current information technology and digital equipment.

As Governor of Virginia, I implemented a technology plan that created a blueprint of technology resources throughout the Virginia Community College System, VCCS. All 38 community college campuses are wired and each community college has a dedicated Commonwealth Classroom for compressed video distance education classes. Arrangements with Old Dominion University, Christopher Newport University, Virginia Tech and other institutions are offering senior level courses through distance education that actually take place on the community college campus.

Minority Serving Institutions, however, still lack basic information and digital technology infrastructure. A study completed by the Department of Commerce and the National Association for Equal Opportunity in Higher Education showed that most Historically Black Colleges and Universities do not have high-speed Internet access, and only 3 percent of these colleges and universities indicated that financial aid was available to help their students close the computer ownership gap, the digital divide.

The Digital & Wireless Network Technology Program Act of 2003 seeks to address the technology gap that exists at many Minority Serving Institutions, MSIs. Our legislation establishes a new grant program within the National Science Foundation, NSF, that provides up to $250 million to help Historically Black Colleges and Universities, Hispanic Serving Institutions, and Tribal Colleges bridge the digital divide.

The legislation allows eligible institutions the opportunity through grants, contracts or cooperative agreements to acquire equipment, instrumentation, networking capability,

hardware and software, digital network technology and wireless technology/infrastructure, such as wireless fidelity or WiFi, to develop and provide educational services. Additionally, the grants could be used for such activities as equipment upgrades, technology training and hardware/software acquisition. A Minority Serving Institution also could use the funds to offer its students universal access to campus networks, dramatically increase their connectivity rates, or make necessary infrastructure improvements.

Virginia has five Historically Black Colleges and Universities: Hampton University, Norfolk State University, St. Paul's College, Virginia Union University and Virginia State University.

The best jobs in the future will go to those who are the best prepared. However, I am increasingly concerned that when it comes to high technology jobs which pay higher wages this country runs the risk of economically limiting many college students in our society. It is important for ALL Americans that we close this opportunity gap. Since my election to the Senate, my goal has always been to continue the work that I began as Governor, to look for ways to improve education, create jobs and seek out new opportunities to benefit Virginia and its citizens. By improving technology-education programs, we can accomplish all three for students throughout our nation.

I want to thank my colleagues for joining me today cosponsoring this legislation and look forward to working with fellow Senators to push this important measure across the goal-line so that many more college students are provided access to better technology and education, and most importantly, even greater opportunities in life.

I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Jon KylR-AZ · Feb 12, 2003

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, February 12, 2003, at 9:30 a.m., in open and closed…

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, February 12, 2003, at 9:30 a.m., in open and closed session to receive testimony on current and future worldwide threats to the National Security of the United States.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and transportation and the House Subcommittee on Science and Space be authorized to meet on Wednesday, February 12, 2003, at 9:30 a.m. on the Challenger Space Shuttle in Russell SR-325.

Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to meet on Wednesday, February 12, 2003 at 9:30 a.m. to conduct a business meeting regarding S. 195, Underground Storage Tank Compliance Act of 2003; Several Committee Resolutions on GSA Prospectuses; and Committee Funding Resolution.

The meeting will be held in SD 406.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Wednesday, February 12, 2003, at 9:30 a.m., to hear testimony on Examination of Proposals for Economic Growth and Job Creation: Incentives for Investment.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, February 12, 2003 at 9:30 a.m. to hold a Hearing on The Reconstruction of Afghanistan: An Update.

Agenda

Witnesses: Panel 1: The Hon. David T. Johnson, Coordinator

for Afghanistan Assistance, Department of State, Washington,

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet in Executive Session during the session of the Senate on Wednesday, February 12, 2003.

The following agenda will be considered:

Agenda

Adopting sub-committee memberships

Adopting committee rules

S.____, Keeping Children and Families Safe Act of 2003

(CAPTA reauthorization)

S.____, NIH Foundation

S. 239, Trauma Care

S.____, Birth Defects

S.____, Animal Drug User Fee Act

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Wednesday, February 12, 2003, at 10:30 a.m. in Room 485 of the Russell Senate Office Building to conduct a CONFIRMATION HEARING on the President's nomination of Mr. Ross O. Swimmer to be Special Trustee for American Indians at the U.S. Department of the Interior.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a Judicial Nominations hearing on Wednesday, February 12, 2003 in Dirksen Room 226 at 9:30 a.m.

Tentative Agenda

Panel I

The Honorable Richard C. Shelby United States Senator (R-

AL); The Honorable Jeff Sessions United States Senator (R-

AL); The

Honorable Ben Nighthorse Campbell United States Senator (R-

CO); The Honorable Wayne Allard United States Senator (R-CO);

The Honorable George F. Allen United States Senator (R-VA);

The Honorable Lamar Alexander United States Senator (R-TN);

and The Honorable Chris Cannon United States Representative

(R-UT).

Panel II

Timothy M. Tymkovich to be United Circuit Judge for the

Tenth Circuit

Panel III

J. Daniel Breen to be U.S. District Judge for the Western

District of Tennessee; William H. Steele to be U.S. District

Judge for the Southern District of Alabama; Thomas A. Varlan

to be U.S. District Judge for the Eastern District of

Tennessee; Timothy C. Stanceu to be a Judge of the U.S. Court

of International Trade; and Marian Blank Horn to be a Judge

of the U.S. Court of Federal Claims.

Sen. John McCainR-AZ · Jan 17, 2003

During this era of economic slowdown and global threat, it is imperative that our Nation's institutions of higher education are prepared to produce a technologically advanced workforce. Rita Colwell, Director of the National Science Foundation, NSF, stated in a recent letter to new Members of Congress that ``. . . American science and technology is failing to tap a vast pool of talent among our women and ethnic minorities.''

As the demographics of the Nation become more and more diverse, minority institutions of higher education take on an even greater importance. It is estimated that in 10 years, minorities will comprise 40 percent of the college-age Americans, the pool from which the Nation's future engineers and scientists will emerge. Therefore, to tap this underutilized pool of future engineers and scientists, it is essential to provide assistance to these minority institutions. The hundreds of minority-serving institutions, MSI, which include Historically Black Colleges and Universities (HBCU), Hispanic-serving institutions, and tribal colleges and universities, should be provided with the resources to ensure that we are indeed utilizing their large student populations.

I am pleased to join Senator Allen and the other sponsors in introducing the Digital and Wireless Network Technology Act of 2003. This legislation would create an office at the NSF to draw upon its resources to strengthen the ability of MSIs to provide instructions in digital and wireless network technologies.

The legislation is not the result of any special interest groups or highly financial lobbying efforts. It is based upon data provided by 80 of the 118 HBCUs in a study, entitled ``HBCU Technology Assessment Study,'' funded by the U.S. Department of Commerce and conducted by a national black college association and minority business. The study assessed the computing resources, networking, and connectivity of HBCUs and other institutions that provide educational services to predominately African-American populations.

The study concluded that ``during this era of continuous innovation and change, continual upgrading of networking and connectivity systems is critical if HBCUs are to continue to cross the digital divide and not fall victim to it. Failure to do this may result in what is a manageable digital divide today, evolving into an unmanageable digital gulf tomorrow.'' I believe there is reason to conclude that the findings from the study also would apply to Hispanic-serving institutions, and tribal colleges and universities.

This bill would build upon the work of Senator Cleland and many others during the last Congress. In testimony before the Commerce Committee last year, the president of the United Negro College Fund, Congressman William Gray, stated that we can ill afford to promote college graduates who enter the workforce without mastering the basic computer skills and understanding how information technology applies to their work or profession.

I feel it is imperative that we do all we can to improve the quality of education for students at our minority serving institutions. These institutions will continue to play an important role in providing the Nation with a well-educated and talented workforce.

Mr. President, I urge my colleagues to support this bill.

Sen. Lincoln ChafeeR-RI · Jan 17, 2003

Mr. President, today I am introducing the Underground Storage Tank Compliance Act of 2003. While this bill is being introduced today, it already has a long history. The Superfund Subcommittee…

Mr. President, today I am introducing the Underground Storage Tank Compliance Act of 2003. While this bill is being introduced today, it already has a long history. The Superfund Subcommittee conducted two hearings on the bill last year. We have received solid testimony and input from interested parties throughout this process, and I believe that this measure goes a long way toward solving the problems we face with leaking underground storage tanks. In addition, the language in this bill was approved unanimously by the Environment and Public Works Committee in the 107th Congress.

The chief reason for pursuing this legislation today is to improve compliance with the December 22, 1998 deadline for tank owners and operators to upgrade, replace, or close tanks that didn't meet minimum Federal requirements. To assess the situation, I asked the U.S. General Accounting Office in April, 2000 to examine compliance of tanks with Federal requirements. GAO concluded in May, 2001 that approximately 76,000 tanks have never been upgraded to meet minimum Federal standards. In addition, GAO found that more than 200,000 tanks are not being operated and maintained properly due, in part, to infrequent tank inspections and limited funding.

Leaking tanks can have severe impacts on local communities. For example, the village of Pascoag, Rhode Island learned the hard way that the problems GAO outlined are real and have serious consequences. Twelve hundred households were without water with which to drink, bathe, or cook for over four months because MTBE contaminated fuel from a local gasoline station was leaking into the town's drinking water supply.

I believe the Underground Storage Tank Compliance Act of 2003 will assist communities that are grappling with these problems and will prevent such problems from recurring. The high cost of clean-up once a tank has leaked, demands the emphasis on prevention included in this legislation. The bill requires the inspection of all underground storage tanks every two years and for the first time focuses on the training of tank operators. It simply does not make sense to install modern, protective equipment if the people who operate them do not have the proper training. The bill also provides the Federal Government and States with the tools necessary to ensure that all parties are meeting Federal standards. In addition, the legislation emphasizes compliance of tanks owned by Federal, State, and local governments, and provides $125 million per year for cleanup of sites contaminated by MTBE.

This bill enjoys broad support, including the support of the regulated community and the environmental community. We have worked extensively with the Administration to address issues raised by the Environmental Protection Agency. I believe that this legislation goes a long way toward solving many of the problems relating to leaking tanks, and I thank all of my colleagues for working with me on this.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Show 3 more

Sen. Barbara BoxerD-CA · Jan 17, 2003

Mr. President, today I am reintroducing the Early Education Act. This bill will enable millions of children to be prepared when they begin their academic careers. In 1989, the Nation's governors…

Mr. President, today I am reintroducing the Early Education Act. This bill will enable millions of children to be prepared when they begin their academic careers.

In 1989, the Nation's governors established a goal that all children would have access to high quality prekindergarten programs by the year 2000. It is now the year 2003, and this goal is far from being met.

Of the nearly 8 million 3- and 4-year-olds that could be in early education, fewer than half are enrolled in an early education program.

The result is that too many children come to school ill-prepared to learn. They lack language skills, social skills, and motivation. Almost all experts now agree that an early education experience is one of the most effective strategies for improving later school performance.

Researchers have discovered that children have a learning capacity that can and should be developed at a much earlier age than was previously thought. The National Research Council reported that prekindergarten educational opportunities are necessary if children are going to develop the language and literacy skills needed to read.

Furthermore, studies have shown that children who participate in prekindergarten programs are less likely to be held back a grade, show greater learning retention and initiative, have better social skills, are more enthusiastic about school, and are more likely to have good attendance records.

For every dollar invested in early education, about 7 dollars are saved in later costs.

My bill, the Early Education Act, would create a demonstration project in at least 10 States that want to provide one year of prekindergarten early education in the public schools. There is a 50 percent matching requirement, and the $300 million authorized under this bill would be used by States to supplement--not supplant--other Federal, State or local funds.

Our children need a solid foundation that builds on current education system by providing them with early learning skills. I urge my colleagues to support this legislation.

Sen. Lindsey GrahamR-SC · Feb 24, 2003

Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to meet on Monday, February 24, 2003, at 5:30 p.m. to conclude a business meeting regarding S.…

Sen. Mitch McConnellR-KY · May 1, 2003

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of calendar item No. 25, S. 195. I ask unanimous consent that the committee substitute be agreed to, the…

Bill Text

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Referred in HouseIssued May 15, 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 195 Referred in House (RFH)]

1st Session
S. 195

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 15, 2003

Referred to the Committee on Energy and Commerce

_______________________________________________________________________

AN ACT

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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.

Section 9004 of the Solid Waste Disposal Act (42 U.S.C. 6991c) is
amended by adding at the end the following:
``(f) Trust Fund Distribution.--
``(1) In general.--
``(A) Amount and permitted uses of distribution.--
The Administrator shall distribute to States not less
than 80 percent of the funds from the Trust Fund that
are made available to the Administrator under section
9014(2)(A) for each fiscal year for use in paying the
reasonable costs, incurred under a cooperative
agreement with any State, of--
``(i) actions taken by the State under
section 9003(h)(7)(A);
``(ii) necessary administrative expenses,
as determined by the Administrator, that are
directly related to corrective action and
compensation programs under subsection (c)(1);
``(iii) any corrective action and
compensation program carried out under
subsection (c)(1) for a release from an
underground storage tank regulated under this
subtitle to the extent that, as determined by
the State in accordance with guidelines
developed jointly by the Administrator and the
State, the financial resources of the owner or
operator of the underground storage tank
(including resources provided by a program in
accordance with subsection (c)(1)) are not
adequate to pay the cost of a corrective action
without significantly impairing the ability of
the owner or operator to continue in business;
``(iv) enforcement by the State or a local
government of State or local regulations
pertaining to underground storage tanks
regulated under this subtitle; or
``(v) State or local corrective actions
carried out under regulations promulgated under
section 9003(c)(4).
``(B) Use of funds for enforcement.--In addition to
the uses of funds authorized under subparagraph (A),
the Administrator may use funds from the Trust Fund
that are not distributed to States under subparagraph
(A) for enforcement of any regulation promulgated by
the Administrator under this subtitle.
``(C) Prohibited uses.--Except as provided in
subparagraph (A)(iii), under any similar requirement of
a State program approved under this section, or in any
similar State or local provision as determined by the
Administrator, funds provided to a State by the
Administrator under subparagraph (A) shall not be used
by the State to provide financial assistance to an
owner or operator to meet any requirement relating to
underground storage tanks under part 280 of title 40,
Code of Federal Regulations (as in effect on the date
of enactment of this subsection).
``(2) Allocation.--
``(A) Process.--Subject to subparagraph (B), in the
case of a State with which the Administrator has
entered into a cooperative agreement under section
9003(h)(7)(A), the Administrator shall distribute funds
from the Trust Fund to the State using the allocation
process developed by the Administrator.
``(B) Revisions to process.--The Administrator may
revise the allocation process referred to in
subparagraph (A) with respect to a State only after--
``(i) consulting with--
``(I) State agencies responsible
for overseeing corrective action for
releases from underground storage
tanks;
``(II) owners; and
``(III) operators; and
``(ii) taking into consideration, at a
minimum--
``(I) the total tax revenue
contributed to the Trust Fund from all
sources within the State;
``(II) the number of confirmed
releases from federally regulated
underground storage tanks in the State;
``(III) the number of federally
regulated underground storage tanks in
the State;
``(IV) the percentage of the
population of the State that uses
groundwater for any beneficial purpose;
``(V) the performance of the State
in implementing and enforcing the
program;
``(VI) the financial needs of the
State; and
``(VII) the ability of the State to
use the funds referred to in
subparagraph (A) in any year.
``(3) Distributions to state agencies.--Distributions from
the Trust Fund under this subsection shall be made directly to
a State agency that--
``(A) enters into a cooperative agreement referred
to in paragraph (2)(A); or
``(B) is enforcing a State program approved under
this section.
``(4) Cost recovery prohibition.--Funds from the Trust Fund
provided by States to owners or operators under paragraph
(1)(A)(iii) shall not be subject to cost recovery by the
Administrator under section 9003(h)(6).''.

SEC. 3. INSPECTION OF UNDERGROUND STORAGE TANKS.

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

SEC. 4. OPERATOR TRAINING.

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

``SEC. 9010. OPERATOR TRAINING.

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

SEC. 5. REMEDIATION OF MTBE CONTAMINATION.

Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C.
6991b(h)) is amended--
(1) in paragraph (7)(A)--
(A) by striking ``paragraphs (1) and (2) of this
subsection'' and inserting ``paragraphs (1), (2), and
(12)''; and
(B) by striking ``, and including the authorities
of paragraphs (4), (6), and (8) of this subsection''
and inserting ``and the authority under sections
9005(a) and 9011 and paragraphs (4), (6), and (8),'';
and
(2) by adding at the end the following:
``(12) Remediation of mtbe contamination.--
``(A) In general.--The Administrator and the States
may use funds made available under section 9014(2)(B)
to carry out corrective actions with respect to a
release of methyl tertiary butyl ether that presents a
threat to human health or welfare or the environment.
``(B) Applicable authority.--The Administrator or a
State shall carry out subparagraph (A)--
``(i) in accordance with paragraph (2),
except that a release with respect to which a
corrective action is carried out under
subparagraph (A) shall not be required to be
from an underground storage tank; and
``(ii) in the case of a State, in
accordance with a cooperative agreement entered
into by the Administrator and the State under
paragraph (7).''.

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

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

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

``Funds made available under section 9014(2)(D) from the Trust Fund
may be used to conduct inspections, issue orders, or bring actions
under this subtitle--
``(1) by a State, in accordance with a grant or cooperative
agreement with the Administrator, of State regulations
pertaining to underground storage tanks regulated under this
subtitle; and
``(2) by the Administrator, under this subtitle (including
under a State program approved under section 9004).''.
(b) Government-Owned Tanks.--Section 9003 of the Solid Waste
Disposal Act (42 U.S.C. 6991b) is amended by adding at the end the
following:
``(i) Government-Owned Tanks.--
``(1) Implementation report.--
``(A) In general.--Not later than 2 years after the
date of enactment of this subsection, each State shall
submit to the Administrator an implementation report
that--
``(i) lists each underground storage tank
described in subparagraph (B) in the State
that, as of the date of submission of the
report, is not in compliance with this
subtitle; and
``(ii) describes the actions that have been
and will be taken to ensure compliance by the
underground storage tank listed under clause
(i) with this subtitle.
``(B) Underground storage tank.--An underground
storage tank described in this subparagraph is an
underground storage tank that is--
``(i) regulated under this subtitle; and
``(ii) owned or operated by the State
government or any local government.
``(C) Public availability.--The Administrator shall
make each report received under subparagraph (A)
available to the public on the Internet.
``(2) Financial incentive.--The Administrator may award to
a State that develops an implementation report described in
paragraph (1), in addition to any funds that the State is
entitled to receive under this subtitle, not more than $50,000,
to be used to carry out the implementation report.
``(3) Not a safe harbor.--This subsection does not relieve
any person from any obligation or requirement under this
subtitle.''.
(c) Incentives for Performance.--Section 9006 of the Solid Waste
Disposal Act (42 U.S.C. 6991e) is amended by adding at the end the
following:
``(e) Incentives for Performance.--In determining the terms of a
compliance order under subsection (a), or the amount of a civil penalty
under subsection (d), the Administrator, or a State under a program
approved under section 9004, may take into consideration whether an
owner or operator--
``(1) has a history of operating underground storage tanks
of the owner or operator in accordance with--
``(A) this subtitle; or
``(B) a State program approved under section 9004;
``(2) has repeatedly violated--
``(A) this subtitle; or
``(B) a State program approved under section 9004;
or
``(3) has implemented a program, consistent with guidelines
published under section 9010, that provides training to persons
responsible for operating any underground storage tank of the
owner or operator.''.
(d) Authority To Prohibit Certain Deliveries.--Section 9006 of the
Solid Waste Disposal Act (42 U.S.C. 6991e) (as amended by subsection
(c)) is amended by adding at the end the following:
``(f) Authority To Prohibit Certain Deliveries.--
``(1) In general.--Subject to paragraph (2), beginning 180
days after the date of enactment of this subsection, the
Administrator or a State may prohibit the delivery of regulated
substances to underground storage tanks that are not in
compliance with--
``(A) a requirement or standard promulgated by the
Administrator under section 9003; or
``(B) a requirement or standard of a State program
approved under section 9004.
``(2) Limitations.--
``(A) Specified geographic areas.--Subject to
subparagraph (B), under paragraph (1), the
Administrator or a State shall not prohibit a delivery
if the prohibition would jeopardize the availability
of, or access to, fuel in any specified geographic
area.
``(B) Applicability of limitation.--The limitation
under subparagraph (A) shall apply only during the 180-
day period following the date of a determination by the
Administrator that exercising the authority of
paragraph (1) is limited by subparagraph (A).
``(C) Guidelines.--Not later than 18 months after
the date of enactment of this subsection, the
Administrator shall issue guidelines that define the
term `specified geographic area' for the purpose of
subparagraph (A).
``(3) Authority to issue guidelines.--Subject to paragraph
(2)(C), the Administrator, after consultation with States, may
issue guidelines for carrying out this subsection.
``(4) Enforcement, compliance, and penalties.--The
Administrator may use the authority under the enforcement,
compliance, or penalty provisions of this subtitle to carry out
this subsection.
``(5) Effect on state authority.--Nothing in this
subsection affects the authority of a State to prohibit the
delivery of a regulated substance to an underground storage
tank.''.
(e) Public Record.--Section 9002 of the Solid Waste Disposal Act
(42 U.S.C. 6991a) is amended by adding at the end the following:
``(d) Public Record.--
``(1) In general.--The Administrator shall require each
State and Indian tribe that receives Federal funds to carry out
this subtitle to maintain, update at least annually, and make
available to the public, in such manner and form as the
Administrator shall prescribe (after consultation with States
and Indian tribes), a record of underground storage tanks
regulated under this subtitle.
``(2) Considerations.--To the maximum extent practicable,
the public record of a State or Indian tribe, respectively,
shall include, for each year--
``(A) the number, sources, and causes of
underground storage tank releases in the State or
tribal area;
``(B) the record of compliance by underground
storage tanks in the State or tribal area with--
``(i) this subtitle; or
``(ii) an applicable State program approved
under section 9004; and
``(C) data on the number of underground storage
tank equipment failures in the State or tribal area.
``(3) Availability.--The Administrator shall make the
public record of each State and Indian tribe under this section
available to the public electronically.''.

SEC. 7. FEDERAL FACILITIES.

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

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

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

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

``(a) In General.--The Administrator, in coordination with Indian
tribes, shall--
``(1) not later than 1 year after the date of enactment of
this section, develop and implement a strategy--
``(A) giving priority to releases that present the
greatest threat to human health or the environment, to
take necessary corrective action in response to
releases from leaking underground storage tanks located
wholly within the boundaries of--
``(i) an Indian reservation; or
``(ii) any other area under the
jurisdiction of an Indian tribe; and
``(B) to implement and enforce requirements
concerning underground storage tanks located wholly
within the boundaries of--
``(i) an Indian reservation; or
``(ii) any other area under the
jurisdiction of an Indian tribe;
``(2) not later than 2 years after the date of enactment of
this section and every 2 years thereafter, submit to Congress a
report that summarizes the status of implementation and
enforcement of the underground storage tank program in areas
located wholly within--
``(A) the boundaries of Indian reservations; and
``(B) any other areas under the jurisdiction of an
Indian tribe; and
``(3) make the report described in paragraph (2) available
to the public on the Internet.
``(b) Not a Safe Harbor.--This section does not relieve any person
from any obligation or requirement under this subtitle.
``(c) State Authority.--Nothing in this section applies to any
underground storage tank that is located in an area under the
jurisdiction of a State, or that is subject to regulation by a State,
as of the date of enactment of this section.''.

SEC. 9. STATE AUTHORITY.

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

``SEC. 9013. STATE AUTHORITY.

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

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 11. CONFORMING AMENDMENTS.

(a) Definitions.--Section 9001 of the Solid Waste Disposal Act (42
U.S.C. 6991) is amended--
(1) by striking ``For the purposes of this subtitle--'' and
inserting ``In this subtitle:'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), and (8) as paragraphs (10), (7), (4), (3), (8), (5),
(2), and (6), respectively, and reordering the paragraphs so as
to appear in numerical order;
(3) by inserting before paragraph (2) (as redesignated by
paragraph (2)) the following:
``(1) Indian tribe.--
``(A) In general.--The term `Indian tribe' means
any Indian tribe, band, nation, or other organized
group or community that is recognized as being eligible
for special programs and services provided by the
United States to Indians because of their status as
Indians.
``(B) Inclusions.--The term `Indian tribe' includes
an Alaska Native village, as defined in or established
under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.).''; and
(4) by inserting after paragraph (8) (as redesignated by
paragraph (2)) the following:
``(9) Trust fund.--The term `Trust Fund' means the Leaking
Underground Storage Tank Trust Fund established by section 9508
of the Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--
(1) Section 1001 of the Solid Waste Disposal Act (42 U.S.C.
prec. 6901) is amended in the table of contents--
(A) in the item relating to section 9002, by
inserting ``and public records'' after
``Notification''; and
(B) by striking the item relating to section 9010
and inserting the following:

``Sec. 9010. Operator training.
``Sec. 9011. Use of funds for release prevention and compliance.
``Sec. 9012. Tanks under the jurisdiction of Indian tribes.
``Sec. 9013. State authority.
``Sec. 9014. Authorization of appropriations.''.
(2) Section 9002 of the Solid Waste Disposal Act (42 U.S.C.
6991a) is amended in the section heading by inserting ``and
public records'' after ``notification''.
(3) Section 9003(f) of the Solid Waste Disposal Act (42
U.S.C. 6991b(f)) is amended--
(A) in paragraph (1), by striking ``9001(2)(B)''
and inserting ``9001(7)(B)''; and
(B) in paragraphs (2) and (3), by striking
``9001(2)(A)'' each place it appears and inserting
``9001(7)(A)''.
(4) Section 9003(h) of the Solid Waste Disposal Act (42
U.S.C. 6991b(h)) is amended in paragraphs (1), (2)(C), (7)(A),
and (11) by striking ``Leaking Underground Storage Tank Trust
Fund'' each place it appears and inserting ``Trust Fund''.
(5) Section 9009 of the Solid Waste Disposal Act (42 U.S.C.
6991h) is amended--
(A) in subsection (a), by striking ``9001(2)(B)''
and inserting ``9001(7)(B)''; and
(B) in subsection (d), by striking ``section
9001(1) (A) and (B)'' and inserting ``subparagraphs (A)
and (B) of section 9001(10)''.

SEC. 12. TECHNICAL AMENDMENTS.

(a) Section 9001(4)(A) of the Solid Waste Disposal Act (42 U.S.C.
6991(4)(A)) (as amended by section 11(a)(2)) is amended by striking
``sustances'' and inserting ``substances''.
(b) Section 9003(f)(1) of the Solid Waste Disposal Act (42 U.S.C.
6991b(f)(1)) is amended by striking ``subsection (c) and (d) of this
section'' and inserting ``subsections (c) and (d)''.
(c) Section 9004(a) of the Solid Waste Disposal Act (42 U.S.C.
6991c(a)) is amended by striking ``in 9001(2) (A) or (B) or both'' and
inserting ``in subparagraph (A) or (B) of section 9001(7)''.
(d) Section 9005 of the Solid Waste Disposal Act (42 U.S.C. 6991d)
(as amended by section 3) is amended--
(1) in subsection (b), by striking ``study taking'' and
inserting ``study, taking'';
(2) in subsection (c)(1), by striking ``relevent'' and
inserting ``relevant''; and
(3) in subsection (c)(4), by striking ``Evironmental'' and
inserting ``Environmental''.

Passed the Senate May 1, 2003.

Attest:

EMILY J. REYNOLDS,

Secretary.