II 

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. 

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 
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1 contained’, with respect to an underground storage 

2 tank system, means that the underground storage 

3 tank system has in place a release detection and pre4 vention system that— 

5 ‘‘(A) meets the requirements of section 

6 280.43(g) of title 40, Code of Federal Regula7 tions (or a successor regulation); and 

8 ‘‘(B) includes double-walled tanks and pip9 ing systems, dispenser liners, piping sumps, or 

10 single-walled tanks or piping systems that are 

11 contained within a liner or an impervious bar12 rier area as set forth in part 280 of title 40, 

13 Code of Federal Regulations (or a successor 

14 regulation). 

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

16 and after the effective date of this subsection, any 

17 new underground storage tank system that is in18 stalled, and any existing underground storage tank 

19 system that is replaced, shall be secondarily con20 tained and space between the primary and secondary 

21 containment of a new or replaced underground stor22 age tank system shall be monitored for leaks if the 

23 new or replaced underground storage tank or piping 

24 is within 1,000 feet of— 

25 ‘‘(A) a community water system; 
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1 ‘‘(B) a potable drinking water well; or 

2 ‘‘(C) any other sensitive area, as deter3 mined by the agency implementing the program 

4 in a State. 

5 ‘‘(3) LIMITATIONS.— 

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

7 existing underground storage tank that is con8 nected to other underground storage tanks by 

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

10 underground storage tank being replaced and 

11 not to such other underground storage tanks. 

12 ‘‘(B) In the case of the replacement of ex13 isting underground pipes connected to an un14 derground storage tank, paragraph (2) shall 

15 apply only to the underground pipes and not to 

16 the underground storage tanks to which the 

17 pipes are connected. 

18 ‘‘(4) PROMULGATION OF REGULATIONS OR

19 GUIDELINES.—The Administrator may promulgate 

20 regulations or issue guidelines to implement para21 graph (2). 

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

23 Nothing in this subsection affects the authority of a 

24 State to establish or enforce any regulation, require25 ment, or standard of performance relating to sec-
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1 ondary containment for underground storage tank 

2 systems that are more stringent than requirements 

3 established under this section. 

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

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

6 of enactment of this subsection.’’. 

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

8 Waste Disposal Act (42 U.S.C. 6991e(d)(2)) is amend9 ed— 

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

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

12 after ‘‘Prohibition’)’’; and 

13 (3) by inserting after subparagraph (C) the fol14 lowing: 

15 ‘‘(D) the secondary containment requirements 

16 established in section 9003(i);’’. 

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