Sec. 1530. ADDITIONAL MEASURES TO PROTECT GROUNDWATER
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## SEC. 1530 ADDITIONAL MEASURES TO PROTECT GROUNDWATER ###
(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 Groundwater From Contamination > > The Administrator shall require each State that receives funding under this subtitle to require one of the following: > > > #### “(1) Tank and piping secondary containment > > > #####
(A)> > Each new underground storage tank, or piping connected to any such new tank, installed after the effective date of this subsection, or any existing 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, subparagraph
(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 connected to the underground storage tank, subparagraph
(A)shall apply only to the specific underground 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 dispenser system, after the effective date of this subsection, shall include under-dispenser spill containment if the new dispenser is within 1,000 feet of any existing community water system or any existing potable 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 system 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, except that such term does not include tank combinations 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 underground storage tank system, but does not mean the installation of a motor fuel dispenser installed separately from the equipment need to connect the dispenser to the underground storage tank system. > > > #### “(2) Evidence of financial responsibility and certification > > > ##### “(A) Manufacturer and installer financial 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 financial responsibility under section 9003(d) in order to provide for the costs of corrective actions directly related to releases caused by improper manufacture or installation unless the person can demonstrate themselves to be already 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 underground storage tank system is— > > > ###### “(i) > > certified or licensed by the tank and piping manufacturer; > > > ###### “(ii) > > certified or licensed by the Administrator or a State, as appropriate; > > > ###### “(iii) > > has their underground storage tank system installation certified by a registered professional engineer with education and experience in underground storage 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 association or independent testing laboratory and in accordance with the manufacturer's instructions; or > > > ###### “(vi) > > compliant with another method that is determined by the Administrator or a State, as appropriate, to be no less protective of human health and the environment. > > > ##### “(C) Savings clause > > Nothing in subparagraph
(A)alters or affects the liability of any owner or operator of an underground storage tank.” > . ###
(b)Effective Date This subsection shall take effect 18 months after the date of enactment of this subsection. ###
(c)Promulgation of Regulations or Guidelines The Administrator shall issue regulations or guidelines implementing the requirements of this subsection, 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 subparagraph (B). ####
(2)By inserting “; or” at the end of subparagraph (C). ####
(3)By adding the following new subparagraph after subparagraph (C): > > ##### “(D) > > the requirements established in section 9003(i),” > .
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- 40 CFR 280.43(g)
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