I 
109TH CONGRESS 
1ST SESSION 
H. R. 879
To amend the Solid Waste Disposal Act to provide for secondary containment 
to prevent MTBE and petroleum contamination. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2005
Mr. DINGELL (for himself, Ms. SOLIS, Mrs. CAPPS, Mr. WYNN, Ms. 
SCHAKOWSKY, Mr. PALLONE, Ms. BALDWIN, Mr. MARKEY, and Mr. STU-
PAK) 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 sec-
ondary containment to prevent MTBE and petroleum 
contamination.
Be it enacted by the Senate and House of Representa-
tives 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 stor-
age 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 contain-
ment shall be monitored for leaks if the new or re-
placed 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 imple-
menting the program in each State. 
‘‘(2) LIMITATIONS.—(A) In the case of the re-
placement 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 stor-
age 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 sys-
tem that meets the requirements of 40 Code of 
Federal Regulations section 280.43(g) and in-
cludes 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 sec-
tion 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 regula-
tions 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, require-
ment, or standard of performance relating to sec-
ondary containment of underground storage tank
systems that are more stringent than the require-
ments 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 subpara-
graph (C); and 
(3) by adding the following new subparagraph 
after subparagraph (C): 
‘‘(D) the secondary containment requirements 
established in section 9003(i),’’.
Æ