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

                                                       Calendar No. 524
113th CONGRESS
  2d Session
                                S. 1961

                          [Report No. 113-238]

    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, Mr. Rockefeller, Mr. Durbin, Mr. 
  Udall of New Mexico, and Mr. Wyden) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                             July 31, 2014

               Reported by Mrs. Boxer, 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 
                  facilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Chemical Safety and 
Drinking Water Protection Act of 2014''.</DELETED>

<DELETED>SEC. 2. PROTECTION OF SURFACE WATER FROM CONTAMINATION BY 
              CHEMICAL STORAGE FACILITIES.</DELETED>

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

 <DELETED>``PART G--PROTECTION OF SURFACE WATER FROM CONTAMINATION BY 
                 CHEMICAL STORAGE FACILITIES</DELETED>

<DELETED>``SEC. 1471. DEFINITIONS.</DELETED>

<DELETED>    ``In this part:</DELETED>
        <DELETED>    ``(1) Covered chemical storage facility.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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)).</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) State program.--The term `State program' 
        means a chemical storage facility source water protection 
        program established under section 1472.</DELETED>

<DELETED>``SEC. 1472. ESTABLISHMENT OF STATE PROGRAMS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Program Requirements.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Minimum requirements.--At a minimum, a State 
        program shall include--</DELETED>
                <DELETED>    ``(A) requirements for covered chemical 
                storage facilities, including--</DELETED>
                        <DELETED>    ``(i) acceptable standards of good 
                        design, construction, or maintenance;</DELETED>
                        <DELETED>    ``(ii) leak detection;</DELETED>
                        <DELETED>    ``(iii) spill and overfill 
                        control;</DELETED>
                        <DELETED>    ``(iv) inventory 
                        control;</DELETED>
                        <DELETED>    ``(v) an emergency response and 
                        communication plan;</DELETED>
                        <DELETED>    ``(vi) an employee training and 
                        safety plan;</DELETED>
                        <DELETED>    ``(vii) an inspection of the 
                        integrity of each covered chemical storage 
                        facility;</DELETED>
                        <DELETED>    ``(viii) lifecycle maintenance, 
                        including corrosion protection;</DELETED>
                        <DELETED>    ``(ix) notice to the 
                        Administrator, the appropriate State agency, 
                        and applicable public water systems of--
                        </DELETED>
                                <DELETED>    ``(I) the potential 
                                toxicity of the stored chemicals to 
                                humans and the environment; 
                                and</DELETED>
                                <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(x) financial responsibility 
                        requirements, including proof of insurance, 
                        bond, or other similar instrument;</DELETED>
                <DELETED>    ``(B) inspections of covered chemical 
                storage facilities, which shall occur--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) for any other covered 
                        chemical storage facility, not less frequently 
                        than once every 5 years; and</DELETED>
                <DELETED>    ``(C) a comprehensive inventory of the 
                covered chemical storage facilities in each 
                State.</DELETED>
<DELETED>    ``(c) National Primary Drinking Water Regulations.--For 
purposes of primary enforcement responsibility, a State program and any 
requirements under this part shall be--</DELETED>
        <DELETED>    ``(1) considered to be a part of the national 
        primary drinking water regulations established under section 
        1412; and</DELETED>
        <DELETED>    ``(2) implemented and enforced in accordance with 
        the procedures under sections 1413 and 1414 and part 
        E.</DELETED>
<DELETED>    ``(d) Administration.--A State program shall be carried 
out--</DELETED>
        <DELETED>    ``(1) if the State exercises primary enforcement 
        responsibility for public water systems in that State under 
        this Act, by the State; and</DELETED>
        <DELETED>    ``(2) if the State does not exercise primary 
        enforcement responsibility for public water systems in that 
        State under this Act, by the Administrator.</DELETED>
<DELETED>    ``(e) Guidance.--The Administrator may issue guidance or 
provide other technical assistance to State programs in carrying out 
activities under this part.</DELETED>

<DELETED>``SEC. 1473. CORRECTIVE ACTION ORDERS.</DELETED>

<DELETED>    ``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.</DELETED>

<DELETED>``SEC. 1474. COST RECOVERY.</DELETED>

<DELETED>    ``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.</DELETED>

<DELETED>``SEC. 1475. TRANSFER OF COVERED CHEMICAL STORAGE 
              FACILITIES.</DELETED>

<DELETED>    ``Notwithstanding the inspection schedule under section 
1472(b)(2)(B), no person shall transfer a covered chemical storage 
facility unless--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 1476. INFORMATION SHARING.</DELETED>

<DELETED>    ``(a) Information for Public Water Systems.--The 
Administrator or State, as applicable, shall provide public water 
systems with information relating to--</DELETED>
        <DELETED>    ``(1) emergency response plans for covered 
        chemical storage facilities located within the same watershed 
        as the public water system; and</DELETED>
        <DELETED>    ``(2) an inventory of each chemical held at the 
        covered chemical storage facilities described in paragraph 
        (1).</DELETED>
<DELETED>    ``(b) Emergency Response Plans.--A copy of each emergency 
response plan submitted under section 1472(b)(2)(A) shall be provided 
to--</DELETED>
        <DELETED>    ``(1) the Administrator (if the State exercises 
        primary responsibility for public water systems in that State); 
        and</DELETED>
        <DELETED>    ``(2) the Secretary of Homeland 
        Security.</DELETED>
<DELETED>    ``(c) Information.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Exceptions.--Paragraph (1) shall not--
        </DELETED>
                <DELETED>    ``(A) apply to public health information; 
                or</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Emergency Powers.--Section 1431 of the Safe Drinking 
Water Act (42 U.S.C. 300i) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (b) as subsection 
        (c); and</DELETED>
        <DELETED>    (2) by inserting after subsection (a) the 
        following:</DELETED>
<DELETED>    ``(b) Petitions.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) petition the Administrator to issue 
                an order or commence a civil action under subsection 
                (a).</DELETED>
        <DELETED>    ``(2) Response.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Conforming Amendment.--Section 1414 of the Safe 
Drinking Water Act (42 U.S.C. 300g-3) is amended--</DELETED>
        <DELETED>    (1) in subsections (a), (b), (e), (f), and (g)--
        </DELETED>
                <DELETED>    (A) by inserting after ``public water 
                system'' each place it appears ``or a covered chemical 
                storage facility''; and</DELETED>
                <DELETED>    (B) by inserting after ``public water 
                systems'' each place it appears ``or a covered chemical 
                storage facility''; and</DELETED>
        <DELETED>    (2) in subsection (i)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (1) 
                through (3) as subparagraphs (A) through (C), 
                respectively, and indenting appropriately;</DELETED>
                <DELETED>    (B) by striking the heading designation 
                and all that follows through ``means--'' and inserting 
                the following:</DELETED>
<DELETED>    ``(i) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Applicable requirement.--The term 
        `applicable requirement' means--'';</DELETED>
                <DELETED>    (C) in paragraph (1)(A) (as so 
                redesignated)--</DELETED>
                        <DELETED>    (i) by inserting a comma after 
                        ``1417''; and</DELETED>
                        <DELETED>    (ii) by striking ``or 1445'' and 
                        inserting ``1445, or part G''; and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(2) Covered chemical storage facility.--The term 
        `covered chemical storage facility' has the meaning given the 
        term in section 1471.''.</DELETED>

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 TANKS.

    (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 TANKS

``SEC. 1471. DEFINITIONS.

    ``In this part:
            ``(1) Chemical.--The term `chemical' means a chemical 
        substance that is--
                    ``(A) identified as a hazardous substance, as 
                defined in section 101(14) of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                (42 U.S.C. 9601(14));
                    ``(B) subject to emergency planning or reporting 
                requirements of the Emergency Planning and Community 
                Right-To-Know Act (42 U.S.C. 11001 et seq.); or
                    ``(C) defined as a contaminant under section 
                1401(6) of the Safe Drinking Water Act (42 U.S.C. 
                300f(6)).
            ``(2) Covered chemical storage tank.--
                    ``(A) In general.--The term `covered chemical 
                storage tank' means an onshore, fixed, above-ground 
                bulk chemical storage container (including any 
                associated piping and appurtenances), or a combination 
                of such storage containers, 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 system.
                    ``(B) Exclusions.--
                            ``(i) In general.--The term `covered 
                        chemical storage tank' does not include a tank 
                        or container that is subject to a procedure, 
                        method, or other requirement pursuant to 
                        regulations promulgated under section 
                        311(j)(1)(C) of the Federal Water Pollution 
                        Control Act (33 U.S.C. 1321(j)(1)(C)).
                            ``(ii) Additional exclusions.--The 
                        Administrator or State, as applicable, shall 
                        consider and may adopt appropriate exclusions--
                                    ``(I) based on applicable Federal 
                                or State laws (including regulations) 
                                that substantially meet the 
                                requirements and purposes of this Act; 
                                or
                                    ``(II) for covered chemical storage 
                                tanks that the Administrator or State, 
                                as applicable, determines would not 
                                pose a risk of harm to a public water 
                                system.
            ``(3) Program.--The term `program' means a chemical storage 
        tank surface water protection program established under section 
        1472.

``SEC. 1472. ESTABLISHMENT OF PROGRAMS.

    ``(a) In General.--Not later than 2 years after the date of 
enactment of this part, the Administrator or each State exercising 
primary enforcement responsibility for public water systems, as 
applicable, shall establish, directly or through delegation to any 
State agency the Governor of the State determines is appropriate, 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 tank.
    ``(b) Program Requirements.--
            ``(1) In general.--A program under subsection (a) shall 
        provide for oversight and inspection of each covered chemical 
        storage tank in accordance with the requirements described in 
        paragraph (2) to prevent the release of chemicals into surface 
        water supplies of public water systems, including a covered 
        chemical storage tank located in a source water area identified 
        under section 1453.
            ``(2) Minimum requirements.--At a minimum, the program 
        shall include--
                    ``(A) requirements for covered chemical storage 
                tanks, including--
                            ``(i) appropriate standards of good design, 
                        construction, or maintenance;
                            ``(ii) leak detection;
                            ``(iii) spill and overfill prevention and 
                        containment;
                            ``(iv) inventory control for the purpose of 
                        promptly determining the quantity of chemicals 
                        released in the event of a spill;
                            ``(v) an emergency response and 
                        communication plan, including procedures for 
                        immediately notifying, after discovery of a 
                        chemical release, public water systems that may 
                        be adversely impacted by the chemical release, 
                        and other entities required by the Emergency 
                        Planning and Community Right-To-Know Act of 
                        1986 (42 U.S.C. 11001 et seq.);
                            ``(vi) an employee training and safety 
                        plan;
                            ``(vii) an inspection of the integrity of 
                        covered chemical storage tanks, consistent with 
                        appropriate standards;
                            ``(viii) lifecycle maintenance, including 
                        corrosion protection;
                            ``(ix) notice to the Administrator and the 
                        appropriate State agency of--
                                    ``(I) the existing information on 
                                the potential toxicity of the stored 
                                chemicals to public health and the 
                                environment that the Administrator or 
                                State, as applicable, determines is 
                                relevant to evaluate the risk of harm 
                                to public water systems; 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, self-insurance, guarantee, or other 
                        similar financial assurance instrument;
                    ``(B) inspections of covered chemical storage 
                tanks, which shall occur--
                            ``(i) for a covered chemical storage tank 
                        listed under paragraph (3), annually by a 
                        certified inspector on behalf of the owner or 
                        operator of such tank;
                            ``(ii) for a covered chemical storage tank 
                        identified in a source water assessment area 
                        under section 1453, not less frequently than 
                        once every 3 years by the Administrator or 
                        State, as applicable; and
                            ``(iii) for any other covered chemical 
                        storage tank, not less frequently than once 
                        every 5 years; and
                    ``(C) a comprehensive inventory of the covered 
                chemical storage tanks in each State.
            ``(3) High hazard covered chemical storage tanks.--Not 
        later than 2 years after the date of enactment of this part, 
        the Administrator or the State, as applicable, 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 health.
    ``(c) Incorporation of Existing Standards.--In establishing 
mandatory program requirements under subsection (b), the Administrator 
or a State, as applicable, may, by reference, include appropriate--
            ``(1) requirements under State or Federal law, including 
        regulations, as in effect on the date on which the program 
        requirements are established; and
            ``(2) consensus standards.
    ``(d) National Primary Drinking Water Regulations.--For purposes of 
primary enforcement responsibility, a 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 this Act.
    ``(e) Administration.--A 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; or
            ``(2) by the Administrator if the State--
                    ``(A) does not exercise primary enforcement 
                responsibility for public water systems in that State 
                under this Act; or
                    ``(B)(i) exercises primary enforcement 
                responsibility for public water systems in that State; 
                and
                    ``(ii) expressly refrains from administering and 
                implementing a program under this part.
    ``(f) Notification.--Not later than 2 years after the date of 
enactment of this part, the State shall notify the Administrator if the 
State--
            ``(1) exercises primary enforcement responsibility for 
        public water systems in that State under this Act; and
            ``(2) refrains from establishing a program under this part.
    ``(g) Severability.--If a State does not implement a program under 
this part, it shall not otherwise affect the primary enforcement 
responsibility of the State under this Act.
    ``(h) Guidance.--The Administrator shall issue guidance, subject to 
public notice and opportunity for comment, and provide other technical 
assistance to States carrying out programs and activities under this 
part.

``SEC. 1473. CORRECTIVE ACTION ORDERS.

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

``SEC. 1474. RESPONSE 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 tank shall be liable to the Administrator or the State 
for those response action costs.

``SEC. 1475. TRANSFER OF COVERED CHEMICAL STORAGE TANKS.

    ``(a) In General.--Notwithstanding the inspection schedule under 
section 1472(b)(2)(B), no person shall transfer a covered chemical 
storage tank 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 tank, which shall be conducted pursuant to any 
        requirements set by the Administrator under section 1472(e)(2) 
        or the State under section 1472(e)(1), as applicable; and
            ``(2) except as provided in subsection (e), the transferor 
        or the transferee agrees to take appropriate measures to 
        address the results of the pretransfer inspection prior to the 
        date that is 1 year after the date on which the covered 
        chemical storage tank closes or transfer is complete.
    ``(b) Qualifying Inspections.--An inspection carried out not 
earlier than 1 year before the date on which a covered chemical storage 
tank is transferred shall satisfy the pretransfer inspection 
requirement described in subsection (a).
    ``(c) 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 (a).
    ``(d) Calculation of Time Period.--For a covered chemical storage 
tank subject to a pretransfer inspection under subsection (a)(1), the 
deadline for the next required inspection under section 1427(b)(2)(B) 
shall be calculated from the date of the pretransfer inspection.
    ``(e) Extension.--The Administrator or State, as applicable, may 
extend the time period described in subsection (a)(2) for a reasonable 
time if the transferor or transferee establishes, to the satisfaction 
of the Administrator or State, that the design and construction of the 
appropriate measures taken under subsection (a)(2) cannot reasonably be 
completed during the time period.

``SEC. 1476. INFORMATION SHARING.

    ``(a) Information for Public Water Systems.--Subject to subsection 
(c), the Administrator or State, as applicable, shall make available to 
public water systems, on request, information maintained by the 
Administrator or State, as applicable, in accordance with section 
1472(b)(2) relating to--
            ``(1) emergency response plans for covered chemical storage 
        tanks located within the same watershed as the public water 
        system;
            ``(2) an inventory of each chemical held at the covered 
        chemical storage tanks described in paragraph (1);
            ``(3) existing information on the potential toxicity of the 
        stored chemicals to public health and the environment that the 
        Administrator or State, as applicable, determines is relevant 
        to evaluate the risk of harm to public water systems; and
            ``(4) safeguards or other precautions that can be taken to 
        detect, mitigate, or otherwise limit the adverse effects of a 
        release of the stored chemicals.
    ``(b) Emergency Response Plans.--
            ``(1) In general.--A State or the Administrator, as 
        applicable, shall submit a copy of each emergency response plan 
        submitted under section 1472(b)(2)(A) to--
                    ``(A) the Administrator (or the State if the 
                Administrator is carrying out the program); and
                    ``(B) the Secretary of Homeland Security.
            ``(2) Consistency.--To the maximum extent practicable, 
        emergency response plans submitted under section 1472(b)(2)(A) 
        shall be integrated with applicable area contingency plans 
        under section 311(j)(4) of the Federal Water Pollution Control 
        Act (33 U.S.C. 1321(j)(4)).
    ``(c) Information.--
            ``(1) In general.--The Administrator or a State, as 
        applicable, shall keep confidential information reported to, 
        obtained by, 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 tank.
            ``(2) Exceptions.--Paragraph (1) shall not--
                    ``(A) apply to public health information;
                    ``(B) apply to information required to be disclosed 
                under the Emergency Planning and Community Right-To-
                Know Act of 1986 (42 U.S.C. 11001 et seq.) or any other 
                requirement under any law (including regulations); or
                    ``(C) 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.
            ``(3) Effect.--Nothing in this subsection affects--
                    ``(A) except as provided under paragraph (2), any 
                disclosure requirement or exceptions to disclosure 
                under any State law (including regulations); or
                    ``(B) any disclosure requirement or exceptions to 
                disclosure under Federal law, including section 552 of 
                title 5, United States Code (commonly known as the 
                `Freedom of Information Act').''.
    (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, but is not required--
                    ``(A) to 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) to 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 
                tank''; and
                    (B) by inserting after ``public water systems'' 
                each place it appears ``or a covered chemical storage 
                tank''; and
            (2) in subsection (i)--
                    (A) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), 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 tank.--The term `covered 
        chemical storage tank' has the meaning given the term in 
        section 1471.''.
                                                       Calendar No. 524

113th CONGRESS

  2d Session

                                S. 1961

                          [Report No. 113-238]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 31, 2014

                       Reported with an amendment