Chemical Safety and Drinking Water Protection Act of 2014 - (Sec. 2) Amends the Safe Drinking Water Act (SDWA) to direct the Environmental Protection Agency (EPA) or each state exercising primary enforcement responsibility for public water systems to establish within two years a state chemical storage tank surface water protection program for chemicals identified as a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), subject to emergency planning or reporting requirements of the Emergency Planning and Community Right-To-Know Act, or defined as a contaminant under the Safe Drinking Water Act.
Includes within the program bulk storage tanks that contain chemicals that if released could pose a risk of harm to a public water system. Excludes from the program a tank or container that is subject to regulations to prevent discharges of oil and hazardous substances under the National Response System of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Authorizes the EPA or a state, as applicable, to adopt additional exclusions based on federal or state laws that substantially meet the requirements of this Act, or for tanks that would not pose a risk of harm to a public water system.
Requires the programs to provide for oversight and inspection of each covered chemical storage tank in accordance with minimum requirements, established by this Act, to prevent the release of chemicals into the water supplies of public water systems.
Requires inspections for: (1) high hazard tanks every year by a certified inspector, (2) tanks identified in source water assessment every three years, and (3) for any other covered chemical storage tank every five years.
Requires the program to include a comprehensive inventory of the covered chemical storage tanks in each state.
Requires the EPA or a state, as applicable, to develop within two years a list of covered chemical storage tanks that hold chemicals that if released could pose the greatest risk of harm to public water systems in the state and the greatest risk to public health.
Deems a program and its requirements, for purposes of primary enforcement responsibility, to be part of the national primary drinking water regulations and requires that they be implemented and enforced in accordance with applicable SDWA procedures.
Requires states to notify the EPA within two years on whether the state will be exercising primary enforcement responsibility for public water systems or if it will be opting out. Prohibits a state's decision to implement or opt out of the program from affecting the state's primacy over other programs under the SDWA.
Requires the EPA to issue guidance and provide other technical assistance to states carrying out the programs.
Authorizes the EPA or a state, as applicable, to issue orders to the owner or operator of a tank to carry out this Act.
Sets forth requirements concerning: (1) liability of a tank owner or operator for costs of response actions, and (2) pre-transfer inspections of tanks.
Requires the EPA or a state to make available to public water systems, on request, information regarding emergency response plans, an inventory of each chemical held in the covered chemical storage tanks, existing information on the potential toxicity of the stored chemicals to public health and the environment that is relevant to evaluate the risk of harm to public water systems, and safeguards or other precautions that can be taken to detect, mitigate, or otherwise limit the adverse effects of a release of the stored chemicals.
Directs the EPA or the state to provide emergency response plans required by the program to the agency carrying out the program and to the Department of Homeland Security (DHS). Requires these plans to be integrated with applicable area contingency plans under the Clean Water Act.
Authorizes an owner or operator of a public water system to commence, or to petition the EPA to commence, a civil action for equitable relief to address possible imminent and substantial endangerment to the health of persons supplied by the water system. Provides a special rule to expedite the EPA's response to a petition in emergency situations.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1961 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 1961
To protect surface water from contamination by chemical storage
facilities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 27, 2014
Mr. Manchin (for himself, Mrs. Boxer, and Mr. Rockefeller) introduced
the following bill; which was read twice and referred to the Committee
on Environment and Public Works
_______________________________________________________________________
A BILL
To protect surface water from contamination by chemical storage
facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chemical Safety and Drinking Water
Protection Act of 2014''.
SEC. 2. PROTECTION OF SURFACE WATER FROM CONTAMINATION BY CHEMICAL
STORAGE FACILITIES.
(a) In General.--The Safe Drinking Water Act (42 U.S.C. 300f et
seq.) is amended by adding at the end the following:
``PART G--PROTECTION OF SURFACE WATER FROM CONTAMINATION BY CHEMICAL
STORAGE FACILITIES
``SEC. 1471. DEFINITIONS.
``In this part:
``(1) Covered chemical storage facility.--
``(A) In general.--The term `covered chemical
storage facility' means a facility at which a chemical
is stored and the Administrator or State, as
applicable, determines that a release of the chemical
from the facility poses a risk of harm to a public
water system.
``(B) Exclusions.--The term `covered chemical
storage facility' does not include a facility that is
subject to a procedure, method, or other requirement
for equipment to address hazardous substances pursuant
to section 311(j)(1)(C) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)(1)(C)).
``(C) Considerations.--In determining risk of harm
posed by a chemical storage facility under subparagraph
(A), the Administrator or State, as applicable, may
consider the requirements of applicable Federal or
State laws (including regulations).
``(2) State program.--The term `State program' means a
chemical storage facility source water protection program
established under section 1472.
``SEC. 1472. ESTABLISHMENT OF STATE PROGRAMS.
``(a) In General.--Not later than 1 year after the date of
enactment of this part, the Administrator or each State exercising
primary enforcement responsibility for public water systems, as
applicable, shall carry out, directly or through delegation, a chemical
storage facility source water protection program to provide for the
protection of public water systems from a release of a chemical from a
covered chemical storage facility.
``(b) Program Requirements.--
``(1) In general.--A State program under subsection (a)
shall provide for oversight and inspection of each covered
chemical storage facility in accordance with the requirements
described in paragraph (2) to prevent the release of chemicals
into the water supply in watersheds with public water systems
that rely on surface water, including a covered chemical
storage facility located in a source water area identified
under section 1453.
``(2) Minimum requirements.--At a minimum, a State program
shall include--
``(A) requirements for covered chemical storage
facilities, including--
``(i) acceptable standards of good design,
construction, or maintenance;
``(ii) leak detection;
``(iii) spill and overfill control;
``(iv) inventory control;
``(v) an emergency response and
communication plan;
``(vi) an employee training and safety
plan;
``(vii) an inspection of the integrity of
each covered chemical storage facility;
``(viii) lifecycle maintenance, including
corrosion protection;
``(ix) notice to the Administrator, the
appropriate State agency, and applicable public
water systems of--
``(I) the potential toxicity of the
stored chemicals to humans and the
environment; and
``(II) safeguards or other
precautions that can be taken to
detect, mitigate, or otherwise limit
the adverse effects of a release of the
stored chemicals; and
``(x) financial responsibility
requirements, including proof of insurance,
bond, or other similar instrument;
``(B) inspections of covered chemical storage
facilities, which shall occur--
``(i) for a covered chemical storage
facility identified in a source water
assessment area under section 1453, not less
frequently than once every 3 years; and
``(ii) for any other covered chemical
storage facility, not less frequently than once
every 5 years; and
``(C) a comprehensive inventory of the covered
chemical storage facilities in each State.
``(c) National Primary Drinking Water Regulations.--For purposes of
primary enforcement responsibility, a State program and any
requirements under this part shall be--
``(1) considered to be a part of the national primary
drinking water regulations established under section 1412; and
``(2) implemented and enforced in accordance with the
procedures under sections 1413 and 1414 and part E.
``(d) Administration.--A State program shall be carried out--
``(1) if the State exercises primary enforcement
responsibility for public water systems in that State under
this Act, by the State; and
``(2) if the State does not exercise primary enforcement
responsibility for public water systems in that State under
this Act, by the Administrator.
``(e) Guidance.--The Administrator may issue guidance or provide
other technical assistance to State programs in carrying out activities
under this part.
``SEC. 1473. CORRECTIVE ACTION ORDERS.
``The Administrator under section 1472(d)(2) or the State under
section 1472(d)(1), as applicable, may issue an order to the owner or
operator of a covered chemical storage facility to carry out this part.
``SEC. 1474. COST RECOVERY.
``If costs have been incurred by the Administrator or the State, as
applicable, for undertaking a response action under this part relating
to the release of a chemical, the owner or operator of the covered
chemical storage facility shall be liable to the Administrator or the
State for those costs.
``SEC. 1475. TRANSFER OF COVERED CHEMICAL STORAGE FACILITIES.
``Notwithstanding the inspection schedule under section
1472(b)(2)(B), no person shall transfer a covered chemical storage
facility unless--
``(1) prior to the closing or completion of the transfer,
the transferor submits to the transferee the results of a
pretransfer inspection of the integrity of the covered chemical
storage facility, which shall be conducted pursuant to any
requirements set by the Administrator under section 1472(d)(2)
or the State under section 1472(d)(1), as applicable; and
``(2) the transferor or the transferee agrees to take
appropriate measures to address the results of the pretransfer
inspection prior to the date that is 30 days after the date on
which the covered chemical storage facility closes or is
transferred.
``SEC. 1476. INFORMATION SHARING.
``(a) Information for Public Water Systems.--The Administrator or
State, as applicable, shall provide public water systems with
information relating to--
``(1) emergency response plans for covered chemical storage
facilities located within the same watershed as the public
water system; and
``(2) an inventory of each chemical held at the covered
chemical storage facilities described in paragraph (1).
``(b) Emergency Response Plans.--A copy of each emergency response
plan submitted under section 1472(b)(2)(A) shall be provided to--
``(1) the Administrator (if the State exercises primary
responsibility for public water systems in that State); and
``(2) the Secretary of Homeland Security.
``(c) Information.--
``(1) In general.--The Administrator or a State, as
applicable, may keep confidential information the Administrator
or the State determines to be sensitive and present a security
risk to a covered chemical storage facility.
``(2) Exceptions.--Paragraph (1) shall not--
``(A) apply to public health information; or
``(B) prevent the sharing of information with the
Administrator, the Secretary of Homeland Security, a
public water system, or a public agency involved in
emergency response.''.
(b) Emergency Powers.--Section 1431 of the Safe Drinking Water Act
(42 U.S.C. 300i) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Petitions.--
``(1) In general.--In any case in which the Administrator
is authorized to act under subsection (a), the owner or
operator of a public water system may--
``(A) commence a civil action for appropriate
equitable relief, including a restraining order or
permanent or temporary injunction, to address any
activity or facility that may present an imminent and
substantial endangerment to the health of persons who
are supplied by that public water system; or
``(B) petition the Administrator to issue an order
or commence a civil action under subsection (a).
``(2) Response.--
``(A) In general.--Subject to subparagraph (B), not
later than 30 days after the date on which the
Administrator receives a petition under paragraph (1),
the Administrator shall respond to the petition and
initiate such action as the Administrator determines to
be appropriate.
``(B) Special rule for emergencies.--If the owner
or operator of a public water system submits the
petition under paragraph (1) in response to an
emergency, the Administrator shall respond not later
than 72 hours after receipt of the petition.''.
(c) Conforming Amendment.--Section 1414 of the Safe Drinking Water
Act (42 U.S.C. 300g-3) is amended--
(1) in subsections (a), (b), (e), (f), and (g)--
(A) by inserting after ``public water system'' each
place it appears ``or a covered chemical storage
facility''; and
(B) by inserting after ``public water systems''
each place it appears ``or a covered chemical storage
facility''; and
(2) in subsection (i)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and
indenting appropriately;
(B) by striking the heading designation and all
that follows through ``means--'' and inserting the
following:
``(i) Definitions.--In this section:
``(1) Applicable requirement.--The term `applicable
requirement' means--'';
(C) in paragraph (1)(A) (as so redesignated)--
(i) by inserting a comma after ``1417'';
and
(ii) by striking ``or 1445'' and inserting
``1445, or part G''; and
(D) by adding at the end the following:
``(2) Covered chemical storage facility.--The term `covered
chemical storage facility' has the meaning given the term in
section 1471.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Committee on Environment and Public Works Subcommittee on Water and Wildlife. Hearings held.
Committee on Environment and Public Works. Hearings held.
Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Environment and Public Works. Reported by Senator Boxer with an amendment in the nature of a substitute. With written report No. 113-238.
Committee on Environment and Public Works. Reported by Senator Boxer with an amendment in the nature of a substitute. With written report No. 113-238.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 524.
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