[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4024 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4024

  To protect navigable waters from contamination by chemical storage 
                  facilities, and for other purposes.


_______________________________________________________________________


                    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.

    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 ``Ensuring Access to Clean Water Act 
of 2014''.

SEC. 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:

   ``TITLE VII--PROTECTION OF NAVIGABLE WATERS FROM CONTAMINATION BY 
                      CHEMICAL STORAGE FACILITIES

``SEC. 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.

``SEC. 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).

``SEC. 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.

``SEC. 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.

``SEC. 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.

``SEC. 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.

``SEC. 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.''.
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