[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);''.
                                 <all>