,,ii ,calendar ,no4 #ebd #aacth ,,congress #b;d ,session ,s4 #aifa ,report ,no4 #aac-bch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bg1 #bjad,mr4 ,manchin 7for himself1 ,mrs4 ,boxer1 ,mr4 ,rockefeller1 ,mr4 ,durbin1 ,mr4 ,udall of ,new ,mexico1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,july #ca1 #bjad,reported by ,mrs4 ,boxer1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to protect surface water from contamination by chemical storage facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,chemical ,safety and ,drinking ,water ,protection ,act of #bjad4 #b4 ,protection of surface water from contamination by chemical storage facilities 7a7 ,in general ,the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq47 is amended by adding at the end the following3 ,g ,protection of surface water from contamination by chemical storage facilities #adga4 ,definitions ,in this part3 7#a7 ,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 public water system4 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;,c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;j77#a77;,c774 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#b7 ,state program ,the term ,state program means a chemical storage facility source water protection program established under section #adgb4 #adgb4 ,establishment of ,state programs 7a7 ,in general ,not later than #a year after the date of enactment of this part1 the ,administrator or each ,state exercising primary enforcement responsibility for public water systems1 as applicable1 shall carry out1 directly or through delegation1 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 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 the water supply in watersheds with public water systems that rely on surface water1 including a covered chemical storage facility located in a source water area identified under section #adec4 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 public water systems 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 covered chemical storage facilities1 which shall occur-- 7i7 for a covered chemical storage facility identified in a source water assessment area under section #adec1 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 ,national primary drinking water regulations ,for purposes of primary enforcement responsibility1 a ,state program and any requirements under this part shall be-- 7#a7 considered to be a part of the national primary drinking water regulations established under section #adab2 and 7#b7 implemented and enforced in accordance with the procedures under sections #adac and #adad and part ,e4 7d7 ,administration ,a ,state program shall be carried out-- 7#a7 if the ,state exercises primary enforcement responsibility for public water systems in that ,state under this ,act1 by the ,state2 and 7#b7 if the ,state does not exercise primary enforcement responsibility for public water systems in that ,state under this ,act1 by the ,administrator4 7e7 ,guidance ,the ,administrator may issue guidance or provide other technical assistance to ,state programs in carrying out activities under this part4 #adgc4 ,corrective action orders ,the ,administrator under section #adgb7;d77#b7 or the ,state under section #adgb7;d77#a71 as applicable1 may issue an order to the owner or operator of a covered chemical storage facility to carry out this part4 #adgd4 ,cost recovery ,if costs have been incurred by the ,administrator or the ,state1 as applicable1 for undertaking a response action under this part 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 #adge4 ,transfer of covered chemical storage facilities ,notwithstanding the inspection schedule under section #adgb7;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 pretransfer inspection of the integrity of the covered chemical storage facility1 which shall be conducted pursuant to any requirements set by the ,administrator under section #adgb7;d77#b7 or the ,state under section #adgb7;d77#a71 as applicable2 and 7#b7 the transferor or the transferee agrees to take appropriate measures to address the results of the pretransfer inspection prior to the date that is #cj days after the date on which the covered chemical storage facility closes or is transferred4 #adgf4 ,information sharing 7a7 ,information for public water systems ,the ,administrator or ,state1 as applicable1 shall provide public water systems with information relating to-- 7#a7 emergency response plans for covered chemical storage facilities located within the same watershed as the public 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 #adgb7;b77#b77;,a7 shall be provided to-- 7#a7 the ,administrator 7if the ,state exercises primary responsibility for public water systems in that ,state72 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 and 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 4 7b7 ,emergency powers ,section #adca of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;i7 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,petitions 7#a7 ,in general ,in any case in which the ,administrator 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 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 4 7c7 ,conforming amendment ,section #adad of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#c7 is amended-- 7#a7 in subsections 7a71 7b71 7e71 7f71 and 7g7-- 7,a7 by inserting after public water system each place it appears or a covered chemical storage facility2 and 7,b7 by inserting after public water systems each place it appears or a covered chemical storage facility2 and 7#b7 in subsection 7i7-- 7,a7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and indenting appropriately2 7,b7 by striking the heading designation and all that follows through means-- and inserting the following3 7i7 ,definitions ,in this section3 7#a7 ,applicable requirement ,the term applicable requirement means-- 2 7,c7 in paragraph 7#a77;,a7 7as so redesignated7-- 7i7 by inserting a comma after #adag2 and 7ii7 by striking or #adde and inserting #adde1 or part ,g2 and 7,d7 by adding at the end the following3 7#b7 ,covered chemical storage facility ,the term covered chemical storage facility has the meaning given the term in section #adga4 4 #a4 ,short title ,this ,act may be cited as the ,chemical ,safety and ,drinking ,water ,protection ,act of #bjad4 #b4 ,protection of surface water from contamination by chemical storage tanks 7a7 ,in general ,the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq47 is amended by adding at the end the following3 ,g ,protection of surface water from contamination by chemical storage tanks #adga4 ,definitions ,in this part3 7#a7 ,chemical ,the term chemical means a chemical substance that is-- 7,a7 identified as a hazardous substance1 as defined in section #aja7ad7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifja7ad772 7,b7 subject to emergency planning or reporting requirements of the ,emergency ,planning and ,community ,right-,to-,know ,act 7#db ,u4,s4,c4 #aajja et seq472 or 7,c7 defined as a contaminant under section #adja7f7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f7#f774 7#b7 ,covered chemical storage tank 7,a7 ,in general ,the term covered chemical storage tank means an onshore1 fixed1 above-ground bulk chemical storage container 7including any associated piping and appurtenances71 or a combination of such storage containers1 from which a release of the chemical from the tank or storage containers or combination of storage containers and tanks could pose a risk of harm to a public water system4 7,b7 ,exclusions 7i7 ,in general ,the term covered chemical storage tank does not include a tank or container that is subject to a procedure1 method1 or other requirement pursuant to regulations promulgated under section #caa7;j77#a77;,c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;j77#a77;,c774 7ii7 ,additional exclusions ,the ,administrator or ,state1 as applicable1 shall consider and may adopt appropriate exclusions-- 7,i7 based on applicable ,federal or ,state laws 7including regulations7 that substantially meet the requirements and purposes of this ,act2 or 7,,ii7 for covered chemical storage tanks that the ,administrator or ,state1 as applicable1 determines would not pose a risk of harm to a public water system4 7#c7 ,program ,the term program means a chemical storage tank surface water protection program established under section #adgb4 #adgb4 ,establishment of programs 7a7 ,in general ,not later than #b years after the date of enactment of this part1 the ,administrator or each ,state exercising primary enforcement responsibility for public water systems1 as applicable1 shall establish1 directly or through delegation to any ,state agency the ,governor of the ,state determines is appropriate1 a chemical storage tank surface water protection program to provide for the protection of public water systems from a release of a chemical from a covered chemical storage tank4 7b7 ,program requirements 7#a7 ,in general ,a program under subsection 7a7 shall provide for oversight and inspection of each covered chemical storage tank in accordance with the requirements described in paragraph 7#b7 to prevent the release of chemicals into surface water supplies of public water systems1 including a covered chemical storage tank located in a source water area identified under section #adec4 7#b7 ,minimum requirements ,at a minimum1 the program shall include-- 7,a7 requirements for covered chemical storage tanks1 including-- 7i7 appropriate standards of good design1 construction1 or maintenance2 7ii7 leak detection2 7iii7 spill and overfill prevention and containment2 7iv7 inventory control for the purpose of promptly determining the quantity of chemicals released in the event of a spill2 7v7 an emergency response and communication plan1 including procedures for immediately notifying1 after discovery of a chemical release1 public water systems that may be adversely impacted by the chemical release1 and other entities required by the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq472 7vi7 an employee training and safety plan2 7vii7 an inspection of the integrity of covered chemical storage tanks1 consistent with appropriate standards2 7viii7 lifecycle maintenance1 including corrosion protection2 7ix7 notice to the ,administrator and the appropriate ,state agency of-- 7,i7 the existing information on the potential toxicity of the stored chemicals to public health and the environment that the ,administrator or ,state1 as applicable1 determines is relevant to evaluate the risk of harm to public water systems2 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 self-insurance1 guarantee1 or other similar financial assurance instrument2 7,b7 inspections of covered chemical storage tanks1 which shall occur-- 7i7 for a covered chemical storage tank listed under paragraph 7#c71 annually by a certified inspector on behalf of the owner or operator of such tank2 7ii7 for a covered chemical storage tank identified in a source water assessment area under section #adec1 not less frequently than once every #c years by the ,administrator or ,state1 as applicable2 and 7iii7 for any other covered chemical storage tank1 not less frequently than once every #e years2 and 7,c7 a comprehensive inventory of the covered chemical storage tanks in each ,state4 7#c7 ,high hazard covered chemical storage tanks ,not later than #b years after the date of enactment of this part1 the ,administrator or the ,state1 as applicable1 shall develop a list of covered chemical storage tanks from which a release of a chemical from the tanks poses the greatest risk of harm to public water systems in the ,state and the greatest risk to public health4 7c7 ,incorporation of existing standards ,in establishing mandatory program requirements under subsection 7b71 the ,administrator or a ,state1 as applicable1 may1 by reference1 include appropriate-- 7#a7 requirements under ,state or ,federal law1 including regulations1 as in effect on the date on which the program requirements are established2 and 7#b7 consensus standards4 7d7 ,national primary drinking water regulations ,for purposes of primary enforcement responsibility1 a program and any requirements under this part shall be-- 7#a7 considered to be a part of the national primary drinking water regulations established under section #adab2 and 7#b7 implemented and enforced in accordance with this ,act4 7e7 ,administration ,a program shall be carried out-- 7#a7 if the ,state exercises primary enforcement responsibility for public water systems in that ,state under this ,act1 by the ,state2 or 7#b7 by the ,administrator if the ,state-- 7,a7 does not exercise primary enforcement responsibility for public water systems in that ,state under this ,act2 or 7,b7 7i7 exercises primary enforcement responsibility for public water systems in that ,state2 and 7ii7 expressly refrains from administering and implementing a program under this part4 7f7 ,notification ,not later than #b years after the date of enactment of this part1 the ,state shall notify the ,administrator if the ,state-- 7#a7 exercises primary enforcement responsibility for public water systems in that ,state under this ,act2 and 7#b7 refrains from establishing a program under this part4 7g7 ,severability ,if a ,state does not implement a program under this part1 it shall not otherwise affect the primary enforcement responsibility of the ,state under this ,act4 7h7 ,guidance ,the ,administrator shall issue guidance1 subject to public notice and opportunity for comment1 and provide other technical assistance to ,states carrying out programs and activities under this part4 #adgc4 ,corrective action orders ,the ,administrator under section #adgb7;e77#b7 or the ,state under section #adgb7;e77#a71 as applicable1 may issue an order to the owner or operator of a covered chemical storage tank to carry out this part4 #adgd4 ,response cost recovery ,if costs have been incurred by the ,administrator or the ,state1 as applicable1 for undertaking a response action under this part relating to the release of a chemical1 the owner or operator of the covered chemical storage tank shall be liable to the ,administrator or the ,state for those response action costs4 #adge4 ,transfer of covered chemical storage tanks 7a7 ,in general ,notwithstanding the inspection schedule under section #adgb7;b77#b77;,b71 no person shall transfer a covered chemical storage tank unless-- 7#a7 prior to the closing or completion of the transfer1 the transferor submits to the transferee the results of a pretransfer inspection of the integrity of the covered chemical storage tank1 which shall be conducted pursuant to any requirements set by the ,administrator under section #adgb7;e77#b7 or the ,state under section #adgb7;e77#a71 as applicable2 and 7#b7 except as provided in subsection 7e71 the transferor or the transferee agrees to take appropriate measures to address the results of the pretransfer inspection prior to the date that is #a year after the date on which the covered chemical storage tank closes or transfer is complete4 7b7 ,qualifying inspections ,an inspection carried out not earlier than #a year before the date on which a covered chemical storage tank is transferred shall satisfy the pretransfer inspection requirement described in subsection 7a74 7c7 ,third-party inspections ,an inspection made by a qualified engineer on behalf of the owner or operator of the tank shall satisfy the pretransfer inspection requirement described in subsection 7a74 7d7 ,calculation of time period ,for a covered chemical storage tank subject to a pretransfer inspection under subsection 7a77#a71 the deadline for the next required inspection under section #adbg7;b77#b77;,b7 shall be calculated from the date of the pretransfer inspection4 7e7 ,extension ,the ,administrator or ,state1 as applicable1 may extend the time period described in subsection 7a77#b7 for a reasonable time if the transferor or transferee establishes1 to the satisfaction of the ,administrator or ,state1 that the design and construction of the appropriate measures taken under subsection 7a77#b7 cannot reasonably be completed during the time period4 #adgf4 ,information sharing 7a7 ,information for public water systems ,subject to subsection 7c71 the ,administrator or ,state1 as applicable1 shall make available to public water systems1 on request1 information maintained by the ,administrator or ,state1 as applicable1 in accordance with section #adgb7;b77#b7 relating to-- 7#a7 emergency response plans for covered chemical storage tanks located within the same watershed as the public water system2 7#b7 an inventory of each chemical held at the covered chemical storage tanks described in paragraph 7#a72 7#c7 existing information on the potential toxicity of the stored chemicals to public health and the environment that the ,administrator or ,state1 as applicable1 determines is relevant to evaluate the risk of harm to public water systems2 and 7#d7 safeguards or other precautions that can be taken to detect1 mitigate1 or otherwise limit the adverse effects of a release of the stored chemicals4 7b7 ,emergency response plans 7#a7 ,in general ,a ,state or the ,administrator1 as applicable1 shall submit a copy of each emergency response plan submitted under section #adgb7;b77#b77;,a7 to-- 7,a7 the ,administrator 7or the ,state if the ,administrator is carrying out the program72 and 7,b7 the ,secretary of ,homeland ,security4 7#b7 ,consistency ,to the maximum extent practicable1 emergency response plans submitted under section #adgb7;b77#b77;,a7 shall be integrated with applicable area contingency plans under section #caa7;j77#d7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;j77#d774 7c7 ,information 7#a7 ,in general ,the ,administrator or a ,state1 as applicable1 shall keep confidential information reported to1 obtained by1 or otherwise submitted to the ,administrator or the ,state that the ,administrator or ,state determines to be national security sensitive or present a security risk to a covered chemical storage tank4 7#b7 ,exceptions ,paragraph 7#a7 shall not-- 7,a7 apply to public health information2 7,b7 apply to information required to be disclosed under the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq47 or any other requirement under any law 7including regulations72 or 7,c7 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 7#c7 ,effect ,nothing in this subsection affects-- 7,a7 except as provided under paragraph 7#b71 any disclosure requirement or exceptions to disclosure under any ,state law 7including regulations72 or 7,b7 any disclosure requirement or exceptions to disclosure under ,federal law1 including section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74 4 7b7 ,emergency powers ,section #adca of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;i7 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,petitions 7#a7 ,in general ,in any case in which the ,administrator is authorized to act under subsection 7a71 the owner or operator of a public water system may1 but is not required-- 7,a7 to 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 to petition the ,administrator 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 4 7c7 ,conforming amendment ,section #adad of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#c7 is amended-- 7#a7 in subsections 7a71 7b71 7e71 7f71 and 7g7-- 7,a7 by inserting after public water system each place it appears or a covered chemical storage tank2 and 7,b7 by inserting after public water systems each place it appears or a covered chemical storage tank2 and 7#b7 in subsection 7i7-- 7,a7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and indenting appropriately2 7,b7 by striking the heading designation and all that follows through means-- and inserting the following3 7i7 ,definitions ,in this section3 7#a7 ,applicable requirement ,the term applicable requirement means-- 2 7,c7 in paragraph 7#a77;,a7 7as so redesignated7-- 7i7 by inserting a comma after #adag2 and 7ii7 by striking or #adde and inserting #adde1 or part ,g2 and 7,d7 by adding at the end the following3 7#b7 ,covered chemical storage tank ,the term covered chemical storage tank has the meaning given the term in section #adga4 4 ,july #ca1 #bjad,reported with an amendment