II 

★(Star Print) 

108TH CONGRESS 

2D SESSION S. 2201

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 

MARCH 11, 2004

Mrs. BOXER 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SECONDARY CONTAINMENT. 

4 (a) IN GENERAL.—Section 9003 of the Solid Waste 

5 Disposal Act (42 U.S.C. 6991b) is amended by adding at 

6 the end the following: 

7 ‘‘(i) SECONDARY CONTAINMENT.— 

8 ‘‘(1) DEFINITION OF SECONDARILY CON9 TAINED.—In this subsection, the term ‘secondarily 

10 contained’, with respect to an underground storage 
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1 tank system, means that the underground storage 

2 tank system has in place a release detection and pre3 vention system that— 

4 ‘‘(A) meets the requirements of section 

5 280.43(g) of title 40, Code of Federal Regula6 tions (or a successor regulation); and 

7 ‘‘(B) includes double-walled tanks and pip8 ing systems, dispenser liners, piping sumps, or 

9 single-walled tanks or piping systems that are 

10 contained within a liner or an impervious bar11 rier area as set forth in part 280 of title 40, 

12 Code of Federal Regulations (or a successor 

13 regulation). 

14 ‘‘(2) INSTALLATION AND REPLACEMENT.—On 

15 and after the effective date of this subsection, any 

16 new underground storage tank system that is in17 stalled, and any existing underground storage tank 

18 system that is replaced, shall be secondarily con19 tained and space between the primary and secondary 

20 containment of a new or replaced underground stor21 age tank system shall be monitored for leaks if the 

22 new or replaced underground storage tank or piping 

23 is within 1,000 feet of— 

24 ‘‘(A) a community water system; 

25 ‘‘(B) a potable drinking water well; or 
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1 ‘‘(C) any other sensitive area, as deter2 mined by the agency implementing the program 

3 in a State. 

4 ‘‘(3) LIMITATIONS.— 

5 ‘‘(A) In the case of the replacement of an 

6 existing underground storage tank that is con7 nected to other underground storage tanks by 

8 piping, paragraph (2) shall apply only to the 

9 underground storage tank being replaced and 

10 not to such other underground storage tanks. 

11 ‘‘(B) In the case of the replacement of ex12 isting underground pipes connected to an un13 derground storage tank, paragraph (2) shall 

14 apply only to the underground pipes and not to 

15 the underground storage tanks to which the 

16 pipes are connected. 

17 ‘‘(4) PROMULGATION OF REGULATIONS OR

18 GUIDELINES.—The Administrator may promulgate 

19 regulations or issue guidelines to implement para20 graph (2). 

21 ‘‘(5) NO EFFECT ON STATE AUTHORITY.—

22 Nothing in this subsection affects the authority of a 

23 State to establish or enforce any regulation, require24 ment, or standard of performance relating to sec25 ondary containment for underground storage tank 
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1 systems that are more stringent than requirements 

2 established under this section. 

3 ‘‘(6) EFFECTIVE DATE.—This subsection takes 

4 effect on the date that is 18 months after the date 

5 of enactment of this subsection.’’. 

6 (b) PENALTIES.—Section 9006(d)(2) of the Solid 

7 Waste Disposal Act (42 U.S.C. 6991e(d)(2)) is amend8 ed— 

9 (1) in subparagraph (B), by striking ‘‘or’’; 

10 (2) in subparagraph (C), by inserting ‘‘; or’’ 

11 after ‘‘Prohibition’)’’; and 

12 (3) by inserting after subparagraph (C) the fol13 lowing: 

14 ‘‘(D) the secondary containment requirements 

15 established in section 9003(i);’’.

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