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‘‘(2) any other areas under the jurisdiction of 
an Indian tribe. 
The Administrator shall make the report under this sub-
section available to the public. 
‘‘(c) NOT A SAFE HARBOR.—This section does not 
relieve any person from any obligation or requirement 
under this subtitle. 
‘‘(d) STATE AUTHORITY.—Nothing in this section 
applies to any underground storage tank that is located 
in an area under the jurisdiction of a State, or that is 
subject to regulation by a State, as of the date of enact-
ment of this section.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
such subtitle I is amended by adding the following new 
item at the end thereof:
‘‘Sec. 9013. Tanks on Tribal lands.’’.
SEC. 1530. ADDITIONAL MEASURES TO PROTECT GROUND-
WATER. 
(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) ADDITIONAL MEASURES TO PROTECT GROUND-
WATER FROM CONTAMINATION.—The Administrator shall 
require each State that receives funding under this sub-
title to require one of the following:
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‘‘(1) TANK AND PIPING SECONDARY CONTAIN-
MENT.—(A) Each new underground storage tank, or 
piping connected to any such new tank, installed 
after the effective date of this subsection, or any ex-
isting underground storage tank, or existing piping 
connected to such existing tank, that is replaced 
after the effective date of this subsection, shall be 
secondarily contained and 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. 
‘‘(B) In the case of a new underground storage 
tank system consisting of one or more underground 
storage tanks and connected by piping, subpara-
graph (A) shall apply to all underground storage 
tanks and connected pipes comprising such system. 
‘‘(C) In the case of a replacement of an existing 
underground storage tank or existing piping con-
nected to the underground storage tank, subpara-
graph (A) shall apply only to the specific under-
ground storage tank or piping being replaced, not to 
other underground storage tanks and connected 
pipes comprising such system. 
‘‘(D) Each installation of a new motor fuel dis-
penser system, after the effective date of this sub-
621
section, shall include under-dispenser spill contain-
ment if the new dispenser is within 1,000 feet of any 
existing community water system or any existing po-
table drinking water well. 
‘‘(E) This paragraph shall not apply to repairs 
to an underground storage tank, piping, or dispenser 
that are meant to restore a tank, pipe, or dispenser 
to operating condition 
‘‘(F) As used in this subsection: 
‘‘(i) The term ‘secondarily contained’ 
means a release detection and prevention sys-
tem that meets the requirements of 40 CFR 
280.43(g), but shall not include under-dispenser 
spill containment or control systems. 
‘‘(ii) The term ‘underground storage tank’ 
has the meaning given to it in section 9001, ex-
cept that such term does not include tank com-
binations or more than a single underground 
pipe connected to a tank. 
‘‘(iii) The term ‘installation of a new motor 
fuel dispenser system’ means the installation of 
a new motor fuel dispenser and the equipment 
necessary to connect the dispenser to the under-
ground storage tank system, but does not mean 
the installation of a motor fuel dispenser in-
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stalled separately from the equipment need to 
connect the dispenser to the underground stor-
age tank system. 
‘‘(G) The Administrator may issue regulations 
or guidelines implementing the requirements of this 
subsection. 
‘‘(2) EVIDENCE OF FINANCIAL RESPONSIBILITY 
AND CERTIFICATION.—
‘‘(A) MANUFACTURER AND INSTALLER FI-
NANCIAL
RESPONSIBILITY.—A 
person 
that 
manufactures an underground storage tank or 
piping for an underground storage tank system 
or that installs an underground storage tank 
system is required to maintain evidence of fi-
nancial responsibility under section 9003(d) in 
order to provide for the costs of corrective ac-
tions directly related to releases caused by im-
proper manufacture or installation unless the 
person can demonstrate themselves to be al-
ready covered as an owner or operator of an 
underground storage tank under section 9003. 
‘‘(B) 
INSTALLER
CERTIFICATION.—The 
Administrator and each State that receives 
funding under this subtitle, as appropriate,
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shall require that a person that installs an un-
derground storage tank system is—
‘‘(i) certified or licensed by the tank 
and piping manufacturer; 
‘‘(ii) certified or licensed by the Ad-
ministrator or a State, as appropriate; 
‘‘(iii) has their underground storage 
tank system installation certified by a reg-
istered professional engineer with edu-
cation and experience in underground stor-
age tank system installation; 
‘‘(iv) has had their installation of the 
underground storage tank inspected and 
approved by the Administrator or the 
State, as appropriate; 
‘‘(v) compliant with a code of practice 
developed by a nationally recognized asso-
ciation of independent testing laboratory 
and in accordance with the manufacturers 
instructions; or 
‘‘(vi) compliant with another method 
that is determined by the Administrator or 
a State, as appropriate, to be no less pro-
tective of human health and the environ-
ment.’’.