H.R. 4024 — Introduced in House

I 113th CONGRESS 2d Session H. R. 4024 IN THE HOUSE OF REPRESENTATIVES February 10, 2014 Mrs. Capito introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To protect navigable waters from contamination by chemical storage facilities, and for other purposes. 1. Short title This Act may be cited as the Ensuring Access to Clean Water Act of 2014. 2. Protection of navigable waters from contamination by chemical storage facilities The Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.) is amended by adding at the end the following: VII Protection of Navigable Waters from Contamination by Chemical Storage Facilities 701. Definitions In this title: (1) Aboveground storage tank (A) In general For the purposes of this title, the term aboveground storage tank means any container, or set of connected containers, designed to contain fluids located at a covered chemical storage facility, constructed of materials including concrete, steel, plastic or fiberglass reinforced plastic and located on or above the ground surface. (B) Exclusions For the purposes of this title, the term aboveground storage tank does not include— (i) any aboveground storage tank of 1,100 gallons or less capacity, unless that tank is greater than 500 gallons capacity and is located within 500 feet of a navigable water that is designated for use as a domestic water supply under section 303; or (ii) any aboveground storage tank that is subject to oversight and inspection requirements under a Federal or State law or regulation that is determined by the Administrator or the State as applicable under section 702(c) to be at least as stringent as the requirements of the program under section 702. (2) Chemical The term chemical means any substance or mixture of substances. (3) 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 navigable water that is designated for use as a domestic water supply under section 303. (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). (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). (4) State program The term State program means a chemical storage facility source water protection program established under section 702. 702. Establishment of State programs (a) In general Not later than 1 year after the date of enactment of this title, the Administrator or each State exercising primary enforcement responsibility under section 702(c), as applicable, shall carry out, directly or through delegation, a chemical storage facility source water protection program to provide for the protection of navigable waters that are designated for use as domestic water sources under section 303 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 a navigable water that is designated for use as a domestic water source under section 303. (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 operators of public water systems on the navigable water designated for use as a domestic water supply under section 303 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 aboveground storage tanks at covered chemical storage facilities, which shall occur— (i) for a covered chemical storage facility identified in a source water assessment area under section 1453 of the Safe Drinking Water Act (42 U.S.C. 300f et seq.), 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) Administration A State program shall be carried out— (1) if the State exercises primary enforcement responsibility for the issuance of permits under section 402(b), by the State; and (2) if the State does not exercise primary enforcement responsibility for the issuance of permits under section 402(b) in that State, by the Administrator. (d) Rule of Construction Nothing in this title shall preclude or deny the right of any State or political subdivision thereof or interstate agency to adopt or enforce standards for the oversight and inspection of covered chemical storage facilities that are more stringent than the minimum requirements in this section. (e) Technical assistance Upon the request of a State exercising primary enforcement responsibility under section 702(c)(1), the Administrator may provide technical assistance to a State program in carrying out activities under this title. (f) Survey of Best Practices The Administrator shall within six months of the date in section 702(a)— (1) prepare a report that surveys the State oversight and inspection programs provided for in this section and applicable regulations implementing such programs in place in each State; (2) submit a copy of this report to the Chairman and Ranking Member of the House Transportation and Infrastructure Committee and the Senate Environment and Public Works Committee; (3) make the report available to the public on the Administrator’s Web site; and (4) provide a copy of the report to each State exercising primary enforcement responsibility under section 702(c)(1). 703. Emergency powers (a) Corrective action orders The Administrator under section 702(c)(2) or the State under section 702(c)(1), as applicable, may issue an order to the owner or operator of a covered chemical storage facility to carry out the requirements of this title. (b) Petitions (1) In general In any case in which the Administrator or State as applicable under section 702(c) 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 or State as applicable under section 702(c) 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. 704. Cost recovery If costs have been incurred by the Administrator or the State, as applicable, for undertaking a response action under this title 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. 705. Transfer of covered chemical storage facilities Notwithstanding the inspection schedule under section 702(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 pre-transfer inspection of the integrity of the covered chemical storage facility, which shall be conducted pursuant to any requirements set by the Administrator under section 702(c)(2) or the State under section 702(c)(1), as applicable; and (2) the transferor or the transferee agrees to take appropriate measures to address the results of the pre-transfer inspection prior to the date that is 30 days after the date on which the covered chemical storage facility closes or is transferred. 706. Information sharing (a) Information for operators of domestic water systems on navigable waters The Administrator or State, as applicable, shall provide operators of domestic water systems on a navigable water that is designated for use as a domestic water source under section 303 with information relating to— (1) emergency response plans for covered chemical storage facilities located within the same watershed as the domestic 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 702(b)(2)(A) shall be provided to— (1) the Administrator (if the State exercises primary responsibility under section 702(c)(1)); 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 or 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. 707. Penalties for violations Any person owning or operating a covered chemical storage facility who violates any applicable requirement or who fails or refuses to comply with an order issued by the Administrator or the State as applicable under this title, may, in an action brought in the appropriate United States District Court, be subject to a civil penalty not to exceed $15,000 for each day in which such violation occurs or failure to comply continues. .