[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2123 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2123

 To amend the Safe Drinking Water Act and the Federal Water Pollution 
  Control Act concerning water pollution resulting from discharges of 
                              perchlorate.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2003

   Mrs. Capps (for herself, Mr. Bishop of New York, Ms. Lofgren, Mr. 
Honda, Mr. Bereuter, Ms. DeLauro, Mr. George Miller of California, Mr. 
Grijalva, Mr. McGovern, Mrs. Davis of California, Mr. Sanders, Ms. Lee, 
Mrs. Maloney, Mr. Thompson of California, Ms. McCollum, Mr. Lantos, Ms. 
Roybal-Allard, Ms. Eddie Bernice Johnson of Texas, Ms. Linda T. Sanchez 
 of California, and Ms. Jackson-Lee of Texas) introduced the following 
    bill; which was referred to the Committee on Transportation and 
    Infrastructure, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Safe Drinking Water Act and the Federal Water Pollution 
  Control Act concerning water pollution resulting from discharges of 
                              perchlorate.

    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 ``Preventing Perchlorate Pollution Act 
of 2003''.

SEC. 2. MAXIMUM CONTAMINANT LEVEL FOR PERCHLORATE.

    Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(12)) is amended by adding at the end the following:
                    ``(C) Perchlorate.--
                            ``(i) Declaration of perchlorate as 
                        contaminant.--Congress declares that 
                        perchlorate is a contaminant subject to 
                        regulation under this title.
                            ``(ii) Maximum contaminant level.--Not 
                        later than July 1, 2004, the Administrator 
                        shall establish a maximum contaminant level for 
                        perchlorate that provides an adequate margin of 
                        safety for vulnerable populations (including 
                        children and pregnant women).
                            ``(iii) Regulation.--On and after the date 
                        of establishment of the maximum contaminant 
                        level under clause (ii), the Administrator 
                        shall regulate perchlorate as an inorganic 
                        contaminant in accordance with part 141 of 
                        title 40, Code of Federal Regulations (or a 
                        successor regulation).''.

SEC. 3. PERCHLORATE POLLUTION PREVENTION.

    The Federal Water Pollution Control Act is amended by inserting 
after section 406 (33 U.S.C. 1346) the following:

``SEC. 407. PERCHLORATE POLLUTION PREVENTION.

    ``(a) Definitions.--In this section:
            ``(1) Fund.--The term `Fund' means the Perchlorate 
        Pollution Prevention Fund established by subsection (i)(1).
            ``(2) Perchlorate storage facility.--
                    ``(A) In general.--The term `perchlorate storage 
                facility' means a facility that stores more than 375 
                pounds of perchlorate over the course of a calendar 
                year.
                    ``(B) Exclusion.--The term `perchlorate storage 
                facility' does not include a facility that stores 
                perchlorate for a retail or law enforcement purpose.
    ``(b) Discharge of Perchlorate.--
            ``(1) Notification.--
                    ``(A) In general.--Any person that, without regard 
                to intent or negligence, causes or permits to occur a 
                discharge of perchlorate into or on any waters of the 
                United States shall notify the Administrator and the 
                appropriate State water pollution control agency of the 
                discharge as soon as practicable after--
                            ``(i) the person has knowledge of the 
                        discharge; and
                            ``(ii) the notification may be provided 
                        without substantially impeding cleanup or other 
                        emergency measures.
                    ``(B) Contents of notice.--A notice under 
                subparagraph (A) shall include--
                            ``(i) the volume of perchlorate discharged;
                            ``(ii) a description of the extent of the 
                        discharge;
                            ``(iii) a copy of each document relating to 
                        any monitoring for potential discharges 
                        undertaken by the person on or before the date 
                        of the discharge; and
                            ``(iv) a description of any actions taken 
                        by the person in response to the discharge.
                    ``(C) Failure to provide notice.--For each day for 
                which a person fails to provide the notice required by 
                subparagraph (A), the person shall--
                            ``(i) be guilty of a misdemeanor; and
                            ``(ii) be punished by a fine of not less 
                        than $500 nor more than $5,000.
            ``(2) Discharge under permit.--Paragraph (1) applies to a 
        discharge of perchlorate under a permit issued under section 
        402.
            ``(3) Penalties.--A penalty collected under paragraph 
        (1)(C)(ii) shall be deposited in the Fund.
    ``(c) Submission of Information.--Not later than January 1, 2005, 
each owner or operator of a perchlorate storage facility that has been 
operated, by that owner or operator or by any other person, at any time 
after January 1, 1950, shall submit to the Administrator and the 
appropriate State water pollution control agency a report that 
includes, for the period beginning on January 1, 1950 (or such later 
date as the perchlorate storage facility initiated operations), and 
ending on the date of submission of the report--
            ``(1) the volume of perchlorate stored during each calendar 
        year at the perchlorate storage facility;
            ``(2) a description of each method of storage used; and
            ``(3) a copy of each document relating to any monitoring 
        undertaken for potential discharges from the perchlorate 
        storage facility.
    ``(d) List of Perchlorate Storage Facilities.--Not later than June 
1, 2005, and annually thereafter, the Administrator, in consultation 
with each State water pollution control agency, shall publish in the 
Federal register a list of perchlorate storage facilities operating in 
the United States at any time during the period--
            ``(1) beginning on January 1, 1950; and
            ``(2) ending on the date of publication of the list.
    ``(e) List of Perchlorate Discharges.--Not later than June 1, 2005, 
the Administrator, in consultation with each State water pollution 
control agency, shall annually publish in the Federal Register a list 
of discharges of perchlorate that occurred during the 1-year period 
preceding the date of publication of the report (including a list of 
locations at which perchlorate was detected in groundwater within the 
State during that period).
    ``(f) Penalties.--
            ``(1) In general.--An owner or operator of a perchlorate 
        storage facility that violates subsection (c) shall be liable 
        for a civil penalty of not less than $500 nor more than $5,000 
        for each day of violation.
            ``(2) Determination of amount.--In determining the amount 
        of a civil penalty, a court of competent jurisdiction shall 
        consider all relevant circumstances, including--
                    ``(A) the extent of harm or potential harm caused 
                by the violation;
                    ``(B) the nature of the violation;
                    ``(C) the period over which the violation occurred;
                    ``(D) the frequency of any past violations by 
                perchlorate storage facility involved; and
                    ``(E) any action taken to remedy the violation.
            ``(3) Deposit in fund.--A penalty collected under paragraph 
        (1) shall be deposited in the Fund.
    ``(g) Regulations.--Not later than June 1, 2005, the Administrator 
shall promulgate regulations that--
            ``(1) require each perchlorate storage facility--
                    ``(A) to meet minimum, industry-established 
                training standards; and
                    ``(B) to be operated in a manner consistent with 
                industry-established best management practices; and
            ``(2) implement an outreach effort to educate owners and 
        operators of perchlorate storage facilities concerning the 
        regulations promulgated under this subsection.
    ``(h) State Loan Program.--
            ``(1) In general.--The Administrator, in coordination with 
        each State water pollution control agency, shall carry out a 
        loan program to assist public water suppliers and owners of 
        private wells in acquiring or providing water that meets 
        applicable Federal and State standards for drinking water to 
        replace water contaminated by perchlorate.
            ``(2) Applications.--A public water supplier or owner of a 
        private well that seeks to receive a loan under paragraph (1) 
        shall submit to the Administrator an application that is in 
        such form, and that contains such information, as the 
        Administrator shall require.
            ``(3) Amount.--A loan provided under paragraph (1) shall be 
        for not less than $10,000 and not more than $750,000.
            ``(4) Term.--The term of a loan provided under paragraph 
        (1) shall be--
                    ``(A) not more than 20 years, if the loan is 
                secured by real property; or
                    ``(B) not more than 10 years, if the loan is not 
                secured by real property.
            ``(5) Interest rate.--The interest rate for a loan shall be 
        equal to the rate of interest applicable at the time of the 
        loan commitment to Federal securities having a term of 10 
        years.
            ``(6) Use of loan funds.--Funds from a loan provided under 
        paragraph (1) may be used to pay up to 100 percent of costs 
        incurred by the recipient of the loan in acquiring or providing 
        water that meets applicable Federal and State standards for 
        drinking water to replace water contaminated by perchlorate.
            ``(7) Loan fee.--The Administrator may charge a loan fee, 
        not to exceed an amount equal to 2 percent of the amount of the 
        loan, to an applicant for a loan under paragraph (1).
            ``(8) Deposit in fund.--The Administrator shall deposit in 
        the Fund repayments, including interest, on loans provided 
        under paragraph (1) and loan fees collected under paragraph 
        (7).
    ``(i) Perchlorate Pollution Prevention Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a revolving fund, to be known as the 
        `Perchlorate Pollution Prevention Fund', to be used in carrying 
        out this section, consisting of--
                    ``(A) such amounts as are deposited in the Fund 
                under subsections (b)(3), (f)(3), and (h)(8); and
                    ``(B) any interest earned on investment of amounts 
                in the Fund under paragraph (3).
            ``(2) Expenditures from fund.--
                    ``(A) In general.--Subject to subparagraph (B), 
                upon request by the Administrator, the Secretary of the 
                Treasury shall transfer from the Fund to the 
                Administrator such amounts as the Administrator 
                determines are necessary--
                            ``(i) to carry out this section; and
                            ``(ii) to provide loans under subsection 
                        (h).
                    ``(B) Administrative expenses.--An amount not 
                exceeding 5 percent of the amounts in the Fund shall be 
                available in each fiscal year to pay the administrative 
                expenses necessary to carry out this section.
            ``(3) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Fund as is not, in the 
                judgment of the Secretary of the Treasury, required to 
                meet current withdrawals. Investments may be made only 
                in interest-bearing obligations of the United States.
                    ``(B) Acquisition of obligations.--For the purpose 
                of investments under subparagraph (A), obligations may 
                be acquired--
                            ``(i) on original issue at the issue price; 
                        or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                    ``(C) Sale of obligations.--Any obligation acquired 
                by the Fund may be sold by the Secretary of the 
                Treasury at the market price.
                    ``(D) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.
            ``(4) Transfers of amounts.--
                    ``(A) In general.--The amounts required to be 
                transferred to the Fund under this subsection shall be 
                transferred at least monthly from the general fund of 
                the Treasury to the Fund on the basis of estimates made 
                by the Secretary of the Treasury.
                    ``(B) Adjustments.--Proper adjustment shall be made 
                in amounts subsequently transferred to the extent prior 
                estimates were in excess of or less than the amounts 
                required to be transferred.
    ``(j) Reports.--Not later than 1 year after the date of enactment 
of this section, and annually thereafter, the Administrator shall 
submit to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report that describes progress made in implementing 
this section.
    ``(k) No Effect on State Law.--Nothing in this section preempts or 
otherwise affects any State law (including any State law that contains 
a requirement that is more stringent than a requirement under this 
section).''.
                                 <all>