,i #aacth ,,congress #b;d ,session ,h4 ,r4 #djbd ,,in ,,the ,,house ,,of ,,representatives ,february #aj1 #bjad ,mrs4 ,capito introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to protect navigable waters from contamination by chemical storage facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ensuring ,access to ,clean ,water ,act of #bjad4 #b4 ,protection of navigable waters from contamination by chemical storage facilities ,the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et4 seq47 is amended by adding at the end the following3 ,,vii ,protection of ,navigable ,waters from ,contamination by ,chemical ,storage ,facilities #gja4 ,definitions ,in this title3 7#a7 ,aboveground storage tank 7,a7 ,in general ,for the purposes of this title1 the term aboveground storage tank means any container1 or set of connected containers1 designed to contain fluids located at a covered chemical storage facility1 constructed of materials including concrete1 steel1 plastic or fiberglass reinforced plastic and located on or above the ground surface4 7,b7 ,exclusions ,for the purposes of this title1 the term aboveground storage tank does not include-- 7i7 any aboveground storage tank of #a1ajj gallons or less capacity1 unless that tank is greater than #ejj gallons capacity and is located within #ejj feet of a navigable water that is designated for use as a domestic water supply under section #cjc2 or 7ii7 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 #gjb7;c7 to be at least as stringent as the requirements of the program under section #gjb4 7#b7 ,chemical ,the term chemical means any substance or mixture of substances4 7#c7 ,covered chemical storage facility 7,a7 ,in general ,the term covered chemical storage facility means a facility at which a chemical is stored and the ,administrator or ,state1 as applicable1 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 #cjc4 7,b7 ,exclusions ,the term covered chemical storage facility does not include a facility that is subject to a procedure1 method1 or other requirement for equipment to address hazardous substances pursuant to section #caa7;j77#a77;,c74 7,c7 ,considerations ,in determining risk of harm posed by a chemical storage facility under subparagraph 7,a71 the ,administrator or ,state1 as applicable1 may consider the requirements of applicable ,federal or ,state laws 7including regulations74 7#d7 ,state program ,the term ,state program means a chemical storage facility source water protection program established under section #gjb4 #gjb4 ,establishment of ,state programs 7a7 ,in general ,not later than #a year after the date of enactment of this title1 the ,administrator or each ,state exercising primary enforcement responsibility under section #gjb7;c71 as applicable1 shall carry out1 directly or through delegation1 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 #cjc from a release of a chemical from a covered chemical storage facility4 7b7 ,program requirements 7#a7 ,in general ,a ,state program under subsection 7a7 shall provide for oversight and inspection of each covered chemical storage facility in accordance with the requirements described in paragraph 7#b7 to prevent the release of chemicals into a navigable water that is designated for use as a domestic water source under section #cjc4 7#b7 ,minimum requirements ,at a minimum1 a ,state program shall include-- 7,a7 requirements for covered chemical storage facilities1 including-- 7i7 acceptable standards of good design1 construction1 or maintenance2 7ii7 leak detection2 7iii7 spill and overfill control2 7iv7 inventory control2 7v7 an emergency response and communication plan2 7vi7 an employee training and safety plan2 7vii7 an inspection of the integrity of each covered chemical storage facility2 7viii7 lifecycle maintenance1 including corrosion protection2 7ix7 notice to the ,administrator1 the appropriate ,state agency1 and applicable operators of public water systems on the navigable water designated for use as a domestic water supply under section #cjc of-- 7,i7 the potential toxicity of the stored chemicals to humans and the environment2 and 7,,ii7 safeguards or other precautions that can be taken to detect1 mitigate1 or otherwise limit the adverse effects of a release of the stored chemicals2 and 7x7 financial responsibility requirements1 including proof of insurance1 bond1 or other similar instrument2 7,b7 inspections of aboveground storage tanks at covered chemical storage facilities1 which shall occur-- 7i7 for a covered chemical storage facility identified in a source water assessment area under section #adec of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq471 not less frequently than once every #c years2 and 7ii7 for any other covered chemical storage facility1 not less frequently than once every #e years2 and 7,c7 a comprehensive inventory of the covered chemical storage facilities in each ,state4 7c7 ,administration ,a ,state program shall be carried out-- 7#a7 if the ,state exercises primary enforcement responsibility for the issuance of permits under section #djb7;b71 by the ,state2 and 7#b7 if the ,state does not exercise primary enforcement responsibility for the issuance of permits under section #djb7;b7 in that ,state1 by the ,administrator4 7d7 ,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 section4 7e7 ,technical assistance ,upon the request of a ,state exercising primary enforcement responsibility under section #gjb7;c77#a71 the ,administrator may provide technical assistance to a ,state program in carrying out activities under this title4 7f7 ,survey of ,best ,practices ,the ,administrator shall within six months of the date in section #gjb7;a7-- 7#a7 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 ,state2 7#b7 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 ,committee2 7#c7 make the report available to the public on the ,administrator's ,web site2 and 7#d7 provide a copy of the report to each ,state exercising primary enforcement responsibility under section #gjb7;c77#a74 #gjc4 ,emergency powers 7a7 ,corrective action orders ,the ,administrator under section #gjb7;c77#b7 or the ,state under section #gjb7;c77#a71 as applicable1 may issue an order to the owner or operator of a covered chemical storage facility to carry out the requirements of this title4 7b7 ,petitions 7#a7 ,in general ,in any case in which the ,administrator or ,state as applicable under section #gjb7;c7 is authorized to act under subsection 7a71 the owner or operator of a public water system may-- 7,a7 commence a civil action for appropriate equitable relief1 including a restraining order or permanent or temporary injunction1 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 system2 or 7,b7 petition the ,administrator or ,state as applicable under section #gjb7;c7 to issue an order or commence a civil action under subsection 7a74 7#b7 ,response 7,a7 ,in general ,subject to subparagraph 7,b71 not later than #cj days after the date on which the ,administrator receives a petition under paragraph 7#a71 the ,administrator shall respond to the petition and initiate such action as the ,administrator determines to be appropriate4 7,b7 ,special rule for emergencies ,if the owner or operator of a public water system submits the petition under paragraph 7#a7 in response to an emergency1 the ,administrator shall respond not later than #gb hours after receipt of the petition4 #gjd4 ,cost recovery ,if costs have been incurred by the ,administrator or the ,state1 as applicable1 for undertaking a response action under this title relating to the release of a chemical1 the owner or operator of the covered chemical storage facility shall be liable to the ,administrator or the ,state for those costs4 #gje4 ,transfer of covered chemical storage facilities ,notwithstanding the inspection schedule under section #gjb7;b77#b77;,b71 no person shall transfer a covered chemical storage facility unless-- 7#a7 prior to the closing or completion of the transfer1 the transferor submits to the transferee the results of a pre-transfer inspection of the integrity of the covered chemical storage facility1 which shall be conducted pursuant to any requirements set by the ,administrator under section #gjb7;c77#b7 or the ,state under section #gjb7;c77#a71 as applicable2 and 7#b7 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 #cj days after the date on which the covered chemical storage facility closes or is transferred4 #gjf4 ,information sharing 7a7 ,information for operators of domestic water systems on navigable waters ,the ,administrator or ,state1 as applicable1 shall provide operators of domestic water systems on a navigable water that is designated for use as a domestic water source under section #cjc with information relating to-- 7#a7 emergency response plans for covered chemical storage facilities located within the same watershed as the domestic water system2 and 7#b7 an inventory of each chemical held at the covered chemical storage facilities described in paragraph 7#a74 7b7 ,emergency response plans ,a copy of each emergency response plan submitted under section #gjb7;b77#b77;,a7 shall be provided to-- 7#a7 the ,administrator 7if the ,state exercises primary responsibility under section #gjb7;c77#a772 and 7#b7 the ,secretary of ,homeland ,security4 7c7 ,information 7#a7 ,in general ,the ,administrator or a ,state1 as applicable1 may keep confidential information the ,administrator or the ,state determines to be sensitive or present a security risk to a covered chemical storage facility4 7#b7 ,exceptions ,paragraph 7#a7 shall not-- 7,a7 apply to public health information2 or 7,b7 prevent the sharing of information with the ,administrator1 the ,secretary of ,homeland ,security1 a public water system1 or a public agency involved in emergency response4 #gjg4 ,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 title1 may1 in an action brought in the appropriate ,united ,states ,district ,court1 be subject to a civil penalty not to exceed #ae1jjj for each day in which such violation occurs or failure to comply continues4 4