[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 439 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 439
To amend the Solid Waste Disposal Act to provide for secondary
containment to prevent methyl tertiary butyl ether and petroleum
contamination.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 17, 2005
Mrs. Boxer (for herself and Mr. Jeffords) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To amend the Solid Waste Disposal Act to provide for secondary
containment to prevent methyl tertiary butyl ether and petroleum
contamination.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SECONDARY CONTAINMENT.
(a) In General.--Section 9003 of the Solid Waste Disposal Act (42
U.S.C. 6991b) is amended by adding at the end the following:
``(i) Secondary Containment.--
``(1) Definition of secondarily contained.--In this
subsection, the term `secondarily contained', with respect to
an underground storage tank system, means that the underground
storage tank system has in place a release detection and
prevention system that--
``(A) meets the requirements of section 280.43(g)
of title 40, Code of Federal Regulations (or a
successor regulation); and
``(B) includes double-walled tanks and piping
systems, dispenser liners, piping sumps, or single-
walled tanks or piping systems that are contained
within a liner or an impervious barrier area as set
forth in part 280 of title 40, Code of Federal
Regulations (or a successor regulation).
``(2) Installation and replacement.--On and after the
effective date of this subsection, any new underground storage
tank system that is installed, and any existing underground
storage tank system that is replaced, shall be secondarily
contained and space between the primary and secondary
containment of a new or replaced underground storage tank
system shall be monitored for leaks if the new or replaced
underground storage tank or piping is within 1,000 feet of--
``(A) a community water system;
``(B) a potable drinking water well; or
``(C) any other sensitive area, as determined by
the agency implementing the program in a State.
``(3) Limitations.--
``(A) In the case of the replacement of an existing
underground storage tank that is connected to other
underground storage tanks by piping, paragraph (2)
shall apply only to the underground storage tank being
replaced and not to such other underground storage
tanks.
``(B) In the case of the replacement of existing
underground pipes connected to an underground storage
tank, paragraph (2) shall apply only to the underground
pipes and not to the underground storage tanks to which
the pipes are connected.
``(4) Promulgation of regulations or guidelines.--The
Administrator may promulgate regulations or issue guidelines to
implement paragraph (2).
``(5) No effect on state authority.--Nothing in this
subsection affects the authority of a State to establish or
enforce any regulation, requirement, or standard of performance
relating to secondary containment for underground storage tank
systems that are more stringent than requirements established
under this section.
``(6) Effective date.--This subsection takes effect on the
date that is 18 months after the date of enactment of this
subsection.''.
(b) Penalties.--Section 9006(d)(2) of the Solid Waste Disposal Act
(42 U.S.C. 6991e(d)(2)) is amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by inserting ``; or'' after
``Prohibition')''; and
(3) by inserting after subparagraph (C) the following:
``(D) the secondary containment requirements established in
section 9003(i);''.
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