Sec. 6. E40 retail infrastructure standard
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Section 9003 of the Solid Waste Disposal Act ( 42 U.S.C. 6991b ) is amended by adding at the end the following: In this subsection: The term automotive fuel has the meaning given the term in section 201 of the Petroleum Marketing Practices Act ( 15 U.S.C. 2821 ). The term compatible means, to the extent feasible, certified by a nationally recognized testing laboratory recognized by the Occupational Safety and Health Administration in accordance with section 1910.7 of title 29, Code of Federal Regulations (or any successor regulations) to maintain system performance throughout the operational life of the dispenser system.
The term dispenser system has the meaning given the term in section 280.12 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subsection). The Administrator shall, not later than January 1, 2024, issue or revise, as necessary, performance standards for underground storage tank systems and dispenser systems that are brought into use on or after January 1, 2024, to require that those systems be compatible with automotive fuel consisting of gasoline and at least 40 percent ethanol by volume.
An owner or operator may demonstrate the compatibility of an underground storage tank system with automotive fuel containing any concentration of ethanol through the use of a secondary containment system that is able— to contain regulated substances leaked from the primary containment system until the regulated substances are detected and removed; and to prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system. .
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