I 

112TH CONGRESS 

1ST SESSION H. R. 3426 

To amend the Federal Water Pollution Control Act to require the closure 

of oil storage and processing facilities that have spilled oil multiple 

times near residential neighborhoods, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2011 

Mr. CONNOLLY of Virginia introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act to require 

the closure of oil storage and processing facilities that 

have spilled oil multiple times near residential neighborhoods, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Neighbor5 hoods from Oil Pollution Act of 2011’’. 


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1 SEC. 2. OIL STORAGE AND PROCESSING FACILITIES. 

2 Section 311 of the Federal Water Pollution Control 

3 Act (33 U.S.C. 1321) is amended by adding at the end 

4 the following: 

5 ‘‘(s) OIL STORAGE AND PROCESSING FACILITIES.— 

6 ‘‘(1) CLOSURE.—Not later than 6 months after 

7 the date of enactment of the Protecting Neighbor8 hoods from Oil Pollution Act of 2011, the Adminis9 trator shall issue final regulations requiring an 

10 owner or operator of an oil storage or processing fa11 cility to permanently close the oil storage or proc12 essing facility if one or both of the following condi13 tions apply: 

14 ‘‘(A) The oil storage or processing facility 

15 is located within 1 mile of 100 or more residen16 tial units, and 2 or more covered discharges 

17 occur at the oil storage or processing facility 

18 within any 10-year period. 

19 ‘‘(B) The oil storage or processing facility 

20 is the source of groundwater contamination af21 fecting 100 or more residential units. 

22 ‘‘(2) REGULATIONS.—The Administrator shall 

23 include in regulations issued under paragraph (1) 

24 the following: 

25 ‘‘(A) A definition of the term ‘permanently 

26 close’, to include requirements that— 


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1 ‘‘(i) all liquid and sludge are removed 

2 from each container and connecting line 

3 associated with the oil storage or proc4 essing facility; 

5 ‘‘(ii) all connecting lines and piping 

6 associated with the oil storage or proc7 essing facility are disconnected from each 

8 such container and blanked off, all valves 

9 (except for ventilation valves) are closed 

10 and locked, and conspicuous signs are 

11 posted on each such container stating that 

12 it is a permanently closed container and 

13 noting the date of closure; and 

14 ‘‘(iii) all other applicable Federal laws 

15 and regulations are followed with respect 

16 to clean up and remediation of any other 

17 contamination at, or originating from, the 

18 oil storage or processing facility. 

19 ‘‘(B) Any additional closure and post-clo20 sure requirements the Administrator determines 

21 appropriate. 

22 ‘‘(C) A requirement that closure of an oil 

23 storage or processing facility be completed by 

24 one of the following deadlines, as applicable: 


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1 ‘‘(i) Not later than 1 year after the 

2 date of enactment of the Protecting Neigh3 borhoods from Oil Pollution Act of 2011, 

4 in the case of an oil storage or processing 

5 facility at which 2 or more covered dis6 charges have occurred on or before such 

7 date of enactment. 

8 ‘‘(ii) Not later than 1 year after the 

9 date on which a second covered discharge 

10 occurs at the oil storage or processing fa11 cility within any 10-year period, in the case 

12 of any oil storage or processing facility not 

13 described in clause (i). 

14 ‘‘(iii) Not later than 1 year after the 

15 date on which the Administrator deter16 mines that the oil storage or processing fa17 cility is the source of groundwater con18 tamination affecting 100 or more residen19 tial units. 

20 ‘‘(D) Any other requirements the Adminis21 trator determines appropriate. 

22 ‘‘(3) PROHIBITED EXEMPTIONS.—The Adminis23 trator may not include in regulations issued under 

24 paragraph (1) exemptions to any of the require25 ments of this subsection for covered discharges reVerDate Mar 15 2010 04:09 Nov 16, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3426.IH H3426

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1 sulting from an act of God, an act of war, or neg2 ligence on the part of the United States Govern3 ment. 

4 ‘‘(4) WAIVER AND EXTENSION AUTHORITY.— 

5 The Administrator may waive the requirement for 

6 closure of an oil storage or processing facility under 

7 this subsection, or grant an extension of the deadline 

8 for such closure, if the Administrator determines 

9 that the owner or operator of the facility has taken 

10 or is taking all practicable steps to remediate the 

11 condition requiring closure under paragraph (1). 

12 ‘‘(5) HEALTH AND WELFARE AUTHORITY.—A 

13 condition requiring closure under paragraph (1) 

14 shall be considered to be— 

15 ‘‘(A) a substantial threat to the public 

16 health or welfare of the United States for the 

17 purposes of subsections (c) and (e); and 

18 ‘‘(B) an imminent and substantial 

19 endangerment to the health of persons or to the 

20 welfare of persons for the purposes of section 

21 504. 

22 ‘‘(6) DEFINITIONS.—For the purposes of this 

23 subsection, the following definitions apply: 


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1 ‘‘(A) COVERED DISCHARGE.—The term 

2 ‘covered discharge’ means a discharge of oil 

3 greater than 40 gallons from any source. 

4 ‘‘(B) OIL STORAGE OR PROCESSING FACIL5 ITY.—The term ‘oil storage or processing facil6 ity’ means any structure, group of structures, 

7 equipment, or device, including any associated 

8 property, that is used for producing, storing, 

9 handling, transferring, processing, or trans10 porting oil. 

11 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 

12 this subsection shall be construed to restrict any 

13 other Federal or State authority regarding the reme14 diation of, or other response to, a covered dis15 charge.’’. 

Æ 


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