[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3940 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3940

    To amend the Solid Waste Disposal Act to provide for secondary 
        containment to prevent MTBE and petroleum contamination.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2004

 Mr. Dingell (for himself, Ms. Solis, Mrs. Capps, Mr. Markey, and Mr. 
    Wynn) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Solid Waste Disposal Act to provide for secondary 
        containment to prevent MTBE 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 the following new subsection at the 
end:
    ``(i) Secondary Containment.--
            ``(1) In general.--Any new underground storage tank system 
        installed after the effective date of this subsection, or any 
        existing underground storage tank system that is replaced after 
        the effective date of this subsection, shall be secondarily 
        contained and space between the primary and secondary 
        containment shall be monitored for leaks if the new or replaced 
        underground storage tank or piping is within 1,000 feet of any 
        existing community water system or any existing potable 
        drinking water well or other sensitive area as determined by 
        the agency implementing the program in each State.
            ``(2) 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 (1) 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 (1) shall apply only to the underground pipes and not 
        to the underground storage tanks to which the pipes are 
        connected.
            ``(3) Effective date.--This subsection shall take effect 18 
        months after the date of enactment of this subsection.
            ``(4) Definitions.--As used in this subsection:
                    ``(A) The term `secondarily contained' means a 
                release detection and prevention system that meets the 
                requirements of 40 Code of Federal Regulations section 
                280.43(g) and 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 40 Code of Federal Regulations part 280.
                    ``(B) The term `underground storage tank' has the 
                meaning given to this term under section 9001, except 
                as limited with respect to tank combinations and 
                underground pipes under paragraph (2) of this 
                subsection.
            ``(5) Promulgation of regulations or guidelines.--The 
        Administrator may issue regulations or guidelines implementing 
        the requirements of paragraph (1).
            ``(6) 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 of underground storage tank 
        systems that are more stringent than the requirements 
        established under this subsection.''.
    (b) Penalties.--Section 9006(d)(2) of such Act (42 U.S.C. 
6991e(d)(2)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by inserting ``; or'' at the end of subparagraph (C); 
        and
            (3) by adding the following new subparagraph after 
        subparagraph (C):
            ``(D) the secondary containment requirements established in 
        section 9003(i),''.
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