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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-
784
stalled separately from the equipment need to
connect the dispenser to the underground stor-
age tank system.
‘‘(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,
shall require that a person that installs an un-
derground storage tank system is—
‘‘(i) certified or licensed by the tank
and piping manufacturer;
785
‘‘(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 or 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.’’.
(b) EFFECTIVE DATE.—This subsection shall take
effect 18 months after the date of enactment of this sub-
section.
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(c) PROMULGATION OF REGULATIONS OR GUIDE-
LINES.—The Administrator shall issue regulations or
guidelines implementing the requirements of this sub-
section, including guidance to differentiate between the
terms ‘‘repair’’ and ‘‘replace’’ for the purposes of section
9003(i)(1) of the Solid Waste Disposal Act.
(d) PENALTIES.—Section 9006(d)(2) of such Act (42
U.S.C. 6991e(d)(2)) is amended as follows:
(1) By striking ‘‘or’’ at the end of subpara-
graph (B).
(2) By inserting ‘‘; or’’ at the end of subpara-
graph (C).
(3) By adding the following new subparagraph
after subparagraph (C):
‘‘(D) the requirements established in sec-
tion 9003(i),’’.
SEC. 1531. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 et seq.) is amended by adding
at the end the following:
‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Ad-
ministrator the following amounts: