[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1961 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 1961

    To protect surface water from contamination by chemical storage 
                  facilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 27, 2014

 Mr. Manchin (for himself, Mrs. Boxer, and Mr. Rockefeller) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To protect surface water 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 ``Chemical Safety and Drinking Water 
Protection Act of 2014''.

SEC. 2. PROTECTION OF SURFACE WATER FROM CONTAMINATION BY CHEMICAL 
              STORAGE FACILITIES.

    (a) In General.--The Safe Drinking Water Act (42 U.S.C. 300f et 
seq.) is amended by adding at the end the following:

 ``PART G--PROTECTION OF SURFACE WATER FROM CONTAMINATION BY CHEMICAL 
                           STORAGE FACILITIES

``SEC. 1471. DEFINITIONS.

    ``In this part:
            ``(1) 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 public 
                water system.
                    ``(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) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1321(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).
            ``(2) State program.--The term `State program' means a 
        chemical storage facility source water protection program 
        established under section 1472.

``SEC. 1472. ESTABLISHMENT OF STATE PROGRAMS.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of this part, the Administrator or each State exercising 
primary enforcement responsibility for public water systems, as 
applicable, shall carry out, directly or through delegation, 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 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 the water supply in watersheds with public water systems 
        that rely on surface water, including a covered chemical 
        storage facility located in a source water area identified 
        under section 1453.
            ``(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 public 
                        water systems 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 covered chemical storage 
                facilities, which shall occur--
                            ``(i) for a covered chemical storage 
                        facility identified in a source water 
                        assessment area under section 1453, 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) National Primary Drinking Water Regulations.--For purposes of 
primary enforcement responsibility, a State program and any 
requirements under this part shall be--
            ``(1) considered to be a part of the national primary 
        drinking water regulations established under section 1412; and
            ``(2) implemented and enforced in accordance with the 
        procedures under sections 1413 and 1414 and part E.
    ``(d) Administration.--A State program shall be carried out--
            ``(1) if the State exercises primary enforcement 
        responsibility for public water systems in that State under 
        this Act, by the State; and
            ``(2) if the State does not exercise primary enforcement 
        responsibility for public water systems in that State under 
        this Act, by the Administrator.
    ``(e) Guidance.--The Administrator may issue guidance or provide 
other technical assistance to State programs in carrying out activities 
under this part.

``SEC. 1473. CORRECTIVE ACTION ORDERS.

    ``The Administrator under section 1472(d)(2) or the State under 
section 1472(d)(1), as applicable, may issue an order to the owner or 
operator of a covered chemical storage facility to carry out this part.

``SEC. 1474. COST RECOVERY.

    ``If costs have been incurred by the Administrator or the State, as 
applicable, for undertaking a response action under this part 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. 1475. TRANSFER OF COVERED CHEMICAL STORAGE FACILITIES.

    ``Notwithstanding the inspection schedule under section 
1472(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 
        pretransfer inspection of the integrity of the covered chemical 
        storage facility, which shall be conducted pursuant to any 
        requirements set by the Administrator under section 1472(d)(2) 
        or the State under section 1472(d)(1), as applicable; and
            ``(2) the transferor or the transferee agrees to take 
        appropriate measures to address the results of the pretransfer 
        inspection prior to the date that is 30 days after the date on 
        which the covered chemical storage facility closes or is 
        transferred.

``SEC. 1476. INFORMATION SHARING.

    ``(a) Information for Public Water Systems.--The Administrator or 
State, as applicable, shall provide public water systems with 
information relating to--
            ``(1) emergency response plans for covered chemical storage 
        facilities located within the same watershed as the public 
        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 1472(b)(2)(A) shall be provided to--
            ``(1) the Administrator (if the State exercises primary 
        responsibility for public water systems in that State); 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 and 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.''.
    (b) Emergency Powers.--Section 1431 of the Safe Drinking Water Act 
(42 U.S.C. 300i) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Petitions.--
            ``(1) In general.--In any case in which the Administrator 
        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 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.''.
    (c) Conforming Amendment.--Section 1414 of the Safe Drinking Water 
Act (42 U.S.C. 300g-3) is amended--
            (1) in subsections (a), (b), (e), (f), and (g)--
                    (A) by inserting after ``public water system'' each 
                place it appears ``or a covered chemical storage 
                facility''; and
                    (B) by inserting after ``public water systems'' 
                each place it appears ``or a covered chemical storage 
                facility''; and
            (2) in subsection (i)--
                    (A) by redesignating paragraphs (1) through (3) as 
                subparagraphs (A) through (C), respectively, and 
                indenting appropriately;
                    (B) by striking the heading designation and all 
                that follows through ``means--'' and inserting the 
                following:
    ``(i) Definitions.--In this section:
            ``(1) Applicable requirement.--The term `applicable 
        requirement' means--'';
                    (C) in paragraph (1)(A) (as so redesignated)--
                            (i) by inserting a comma after ``1417''; 
                        and
                            (ii) by striking ``or 1445'' and inserting 
                        ``1445, or part G''; and
                    (D) by adding at the end the following:
            ``(2) Covered chemical storage facility.--The term `covered 
        chemical storage facility' has the meaning given the term in 
        section 1471.''.
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