39–010 

Calendar No. 524 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–238 

CHEMICAL SAFETY AND DRINKING WATER PROTECTION 

ACT OF 2014 

JULY 31, 2014.—Ordered to be printed 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 1961] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works to which was 

referred a bill (S. 1961) to protect surface water from contamination by chemical storage facilities, and for other purposes, having 

considered the same, reports favorably thereon with an amendment 

in the nature of a substitute and recommends that the bill, as 

amended, do pass. 

GENERAL STATEMENT AND BACKGROUND

On January 9, 2014, a spill from an above-ground storage tank 

at the Freedom Industries chemical storage facility adjacent to the 

Elk River near Charleston, West Virginia, contaminated drinking 

water with a mixture of the chemical 4-methylcyclohexane methanol (MCHM) and another chemical called ‘‘PPH, Stripped.’’ The 

mixture is used in the processing of coal. The spill left more than 

300,000 residents without tap water for days. The public water system provides drinking water to the City of Charleston and communities in 9 surrounding counties. 

On January 27, 2014, Senator Joe Manchin introduced S. 1961, 

the ‘‘Chemical Safety and Drinking Water Protection Act of 2014,’’ 

along with Senator Jay Rockefeller and Senator Barbara Boxer. 

S.1961 would establish State programs under the Safe Drinking 

Water Act (SDWA) that will oversee and inspect chemical storage 

tanks that present a risk to surface drinking water sources for public water systems. 


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S. 1961 would amend the SDWA to provide States further authority and oversight of chemical storage tanks that may pose a 

risk to surface waters supplying public drinking water. The Chemical Safety and Drinking Water Protection Act would add a new 

Part G to the SDWA that would require State programs to protect 

surface water from contamination by chemical storage tanks. 

S. 1961 would require the establishment of State chemical storage tank surface water protection programs with minimum requirements for regular inspections of above-ground chemical storage 

tanks, design, construction and maintenance standards, leak detection, spill and overfill prevention and containment, inventory control, emergency response and communication plans, employee 

training, financial responsibility, and integrity inspections. When 

establishing their own programs, States would be afforded flexibility in deciding which chemical storage tanks posed a risk of 

harm to public water systems. States as well as EPA are directed 

to limit duplicative regulation of chemical storage tanks subjected 

to other laws that substantially meet the requirements of this Act. 

The bill would require owners and operators of covered chemical 

storage tanks to provide EPA or the State with existing information on the potential toxicity of the stored chemicals along with 

safeguards or other precautions that can be taken to detect, mitigate or limit adverse effects of a spill. S. 1961 would allow EPA or 

the State to recoup response costs incurred from responding to 

spills from covered storage tanks. 

PURPOSE OF THE LEGISLATION

To establish State programs for the oversight and inspection of 

above-ground storage tanks that pose a risk to surface waters that 

supply drinking water. 

SECTION–BY–SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that the Act may be cited as the ‘‘Chemical 

Safety and Drinking Water Protection Act.’’ 

Section 2. Protection of surface water from contamination by chemical storage tanks 

(a) In General— 

Subsection (a) amends the SDWA by adding a new Part G, as follows: 

Section 1471. Definitions 

Section 1471 defines the terms ‘‘chemical,’’ ‘‘covered chemical 

storage tank,’’ and ‘‘program’’ for purposes of the Act. A ‘‘chemical’’ 

is defined as a chemical substance that is identified as a hazardous 

substance under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 

9601(14)), 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 defined as a contaminant under section 

1401(6) of the SDWA (42 U.S.C. 300f(6)). 

A ‘‘covered chemical storage tank’’ is defined to make clear the 

chemical storage tanks that would be subject to the program. This 


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section makes clear that tanks that are being regulated under section 311(j)(1)(C) of the Federal Water Pollution Control Act (33 

U.S.C. 1321(j)(1)(C)), known as the Spill Prevention Control and 

Countermeasure (SPCC) regulations, are excluded. This section 

also provides criteria for additional exclusions that EPA or a State 

may adopt based on applicable Federal or State laws that substantially meet the requirements and purposes of this Act, or for tanks 

that EPA or the State determines would not pose a risk of harm 

to a public water system. 

Section 1472. Establishment of programs 

(a) In General 

Subsection (a) provides 2 years for States that are exercising primary enforcement responsibility for public water systems under the 

SDWA to establish a chemical storage tank surface water protection program. This subsection also allows the Governor to delegate 

the program to any State agency the Governor determines appropriate, including agencies other than the agency currently responsible for implementation of other aspects of the SDWA. 

(b) Program Requirements 

Paragraph (1) requires that a State program provide for oversight and inspection of covered chemical storage tanks, including 

tanks located in source water areas identified under section 1453 

of the SDWA (42 U.S.C. 300j–13). 

Paragraph (2) provides the minimum requirements for a State 

chemical storage tank surface water protection program, including 

provisions for leak detection, spill and overfill prevention and containment, emergency response and communication plans, employee 

training, existing information on the potential toxicity of the stored 

chemicals to public health and the environment, and financial responsibility. This subsection requires inspections of covered chemical storage tanks. For covered tanks identified in source water assessments, inspections are required every 3 years. For any other 

covered chemical storage tanks, inspections are required every 5 

years. For covered chemical storage tanks identified as high hazard 

tanks under Paragraph (3), annual inspections by a certified inspector on behalf of the owner or operator are required. Paragraph 

(2) also requires a comprehensive inventory of covered chemical 

storage tanks. 

Paragraph (3) requires the EPA or State, as applicable, within 2 

years, to develop a list of high hazard covered chemical storage 

tanks from which a chemical release pose the greatest risk of harm 

to public water systems and public health. 

(c) Incorporation of Existing Standards 

Subsection (c) provides that, in establishing the mandatory program requirements, EPA or the State may, by reference, include 

appropriate requirements of existing federal or State laws and regulations and consensus standards, which is intended to avoid duplication with existing requirements. 

(d) National Primary Drinking Water Regulations 

Subsection (d) provides that a State program and its requirements, for purposes of primary enforcement responsibility, are part 

of the national primary drinking water regulations and requires 

that they be implemented and enforced in accordance with the applicable procedures of the SDWA. 


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(e) Administration 

Subsection (e) provides that a State program will be carried out 

by each State exercising primary enforcement responsibility for 

public water systems in that State or by EPA if the State does not 

exercise primary enforcement responsibility for public water systems in that State or if the State opts out under Subsection (f). 

(f) Notification 

Subsection (f) allows States to opt out of implementing the program by notifying EPA within 2 years. 

(g) Severability 

Subsection (g) makes clear that a State’s decision to carry out the 

program or to opt out does not impact the State’s primacy over 

other programs under the SDWA. 

(h) Guidance 

Subsection (h) requires EPA to issue guidance, subject to public 

notice and comment, and provide technical assistance to States carrying out programs and activities under the Act. 

Section 1473. Corrective action orders 

Section 1473 authorizes EPA and the States to issue administrative orders to the owner or operator of covered chemical storage 

tanks to carry out this Act. 

Section 1474. Response cost recovery 

Section 1474 provides that if EPA or the State incurs costs in undertaking a response action relating to a release of a chemical from 

a covered storage tank, the owner or operator of the tank is liable 

to EPA or the State for those response action costs. 

Section 1475. Transfer of covered chemical storage tanks 

(a) In General 

Subsection (a) requires a pre-transfer integrity inspection prior to 

the transfer of a covered chemical storage tank and requires that 

any appropriate measures to address the results of the inspection 

be taken within 1 year, except when EPA or the State has granted 

an extension under subsection (e). 

(b) Qualifying Inspections 

Subsection (b) provides that an integrity inspection within 1 year 

of the transfer can satisfy the pre-transfer inspection requirement. 

(c) Third-party Inspection 

Subsection (c) allows for third-party inspections by qualified engineers. 

(d) Calculation of Time Period 

Subsection (d) provides that the deadline for the next required 

inspection for a transferred tank is calculated from the date of the 

pre-transfer inspection. 

(e) Extension 

Subsection (e) allows EPA or the State to extend the deadline for 

the completion of appropriate measures identified in the pre-transfer inspection. 

Section 1476. Information sharing 

(a) Information for Public Water Systems 

Subsection (a) provides that EPA or the State will make available to public water systems, on request, information maintained 


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by EPA or the State relating to emergency response plans for covered chemical storage tanks located within the watershed, an inventory of each chemical in the covered chemical storage tanks, existing information on the potential toxicity of the stored chemicals 

to public health and the environment that EPA or the State determines is relevant to evaluate the risk of harm to the public water 

system, and 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 

Subsection (b) requires EPA or the State to provide the emergency response plans submitted under the program to EPA and the 

Department of Homeland Security (DHS). Subsection (b) also requires, to the maximum extent practicable, that the emergency response plans submitted under the program be integrated with applicable area contingency plans under section 311(j)(4) of the Clean 

Water Act (33 U.S.C. 1321(j)(4)). 

(c) Information 

Subsection (c) establishes requirements for maintaining confidential information by a State or EPA. 

(b) Emergency powers 

Section (b) amends section 1431 of the SDWA by redesignating 

subsection (b) as subsection (c), and by inserting a new subsection 

(b) as follows: 

Paragraph (1) authorizes, but does not require, a public water 

system to bring 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 and to petition EPA to issue 

an order or commence a civil action. Paragraph (1) provides a discretionary mechanism under federal law for public water systems 

to seek relief to address potential threats to its water supply but 

does not establish new requirements for public water systems in responding to such potential health threats. Paragraph (1) does not, 

under any circumstances, obligate or confer any responsibility upon 

a water utility to commence a civil action. 

Paragraph (2) generally requires EPA to respond to the petition 

filed under paragraph (1) within 30 days. If the public water system submits a petition under paragraph (1) in response to an emergency, EPA must respond within 72 hours. 

(c) Conforming amendment 

Section (c) makes conforming amendments to the SDWA. 

LEGISLATIVE HISTORY

Senator Manchin along with Senators Rockefeller and Boxer introduced S. 1961, the ‘‘Chemical Safety and Drinking Water Protection Act of 2014,’’ on January 27, 2014. The bill was read twice and 

referred to the Senate Committee on Environment and Public 

Works. The Committee met on April 3, 2014, and ordered S. 1961 

favorably reported with an amendment in the nature of a substitute by voice vote. 


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HEARINGS

The Committee on Environment and Public Works, Subcommittee on Water and Wildlife, held a hearing on February 4, 

2014, entitled ‘‘Examination of the Safety and Security of Drinking 

Water Supplies Following the Central West Virginia Drinking 

Water Crisis.’’ 

ROLLCALL VOTES

On April 3, 2014, the Committee on Environment and Public 

Works met and considered a substitute amendment to S. 1961, offered by Senator Boxer. S. 1961, as amended, was reported favorably by a voice vote with Senators Inhofe and Fischer recorded as 

‘‘no’’. There were no roll call votes taken in Committee on this bill. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the committee notes that the Congressional 

Budget Office has found, ‘‘S. 1961 would impose intergovernmental 

and private-sector mandates, as defined in the Unfunded Mandates 

Reform Act (UMRA), on owners and operators of some chemical 

storage tanks.’’ The committee finds that S. 1961 will not cause any 

adverse impact on the personal privacy of individuals. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the Committee notes that the Congressional 

Budget Office has found, ‘‘S. 1961 would impose intergovernmental 

and private-sector mandates, as defined in the Unfunded Mandates 

Reform Act (UMRA), on owners and operators of some chemical 

storage tanks . . . CBO estimates that the cost of mandates for 

public entities would fall below the annual threshold established in 

UMRA for intergovernmental mandates ($76 million in 2014, adjusted annually for inflation) . . . CBO estimates that the aggregate cost of the private-sector mandates would probably exceed the 

annual threshold established in UMRA ($152 million in 2014, adjusted annually for inflation).’’ 

JUNE 5, 2014. 

Hon. BARBARA BOXER, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 1961, the Chemical Safety and Drinking Water Protection Act of 2014. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susanne S. Mehlman. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 1961—Chemical Safety and Drinking Water Protection Act of 

2014 

Summary: S. 1961 would amend the Safe Drinking Water Act 

(SDWA) to require either the Environmental Protection Agency 


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1 Under the SDWA, tribal governments and territories are treated as states. 

(EPA) or those states with primary enforcement authority for public water systems to carry out a program to protect surface water 

from contamination by chemical storage tanks.1 Under this legislation, however, states would have the option to not establish the 

proposed program; if states opt out of running the program, then 

authority to implement it would revert to EPA. 

Based on information from EPA, various state agencies, and experts in the storage tank industry, CBO estimates that implementing this legislation would cost $114 million over the 2015– 

2109 period, subject to the availability of appropriated funds. That 

estimate assumes that all but about 10 state, tribal, or territorial 

governments would probably implement their own programs to 

oversee chemical storage tanks. EPA would implement the program 

with federal funds for state, tribal, or territorial governments that 

opt not to do so. Enacting S. 1961 would not affect direct spending 

or revenues; therefore, pay-as-you-go procedures do not apply. 

S. 1961 would impose intergovernmental and private-sector mandates, as defined in the Unfunded Mandates Reform Act (UMRA), 

on owners and operators of some chemical storage tanks. Those 

owners and operators would have to meet requirements established 

by EPA and states, including standards for construction, spill prevention, and emergency response. Owners and operators also would 

have to comply with requirements for periodic inspections. The cost 

of the mandates would ultimately depend on the minimum requirements developed by EPA and states, but they would affect a large 

number of entities. Only a small number of the chemical storage 

tanks owned by public entities would be affected by the program’s 

requirements; therefore, CBO estimates that the cost of mandates 

for public entities would fall below the annual threshold established in UMRA for intergovernmental mandates ($76 million in 

2014, adjusted annually for inflation). However, a large number of 

private entities would be affected by the program. Given the potential costs of compliance for those entities, CBO estimates that the 

aggregate cost of the private-sector mandates would probably exceed the annual threshold established in UMRA ($152 million in 

2014, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary effect of this legislation is shown in the following table. The 

costs of this legislation fall within budget function 300 (natural resources and environment). 

By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2015– 

2019 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 30 30 20 20 20 120 

Estimated Outlays ........................................................................ 20 29 24 21 20 114 

Basis of estimate: CBO assumes that S. 1961 will be enacted by 

the start of 2015 and that the amounts estimated to be necessary 

will be appropriated for each fiscal year beginning that year. Estimated outlays are based on historical spending patterns for similar 

EPA programs. 


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This legislation would require that the proposed new state programs to protect drinking water from contamination by chemical 

storage tanks meet minimum requirements including: conducting 

regular inspections of covered chemical storage tanks; establishing 

emergency response and communication plans; and, maintaining 

an inventory of tanks. S. 1961 broadly defines covered chemical 

storage tanks as onshore, fixed, above-ground storage containers 

from which a release of a chemical could pose a risk of harm to a 

public water system. Based on information from state regulators of 

storage tanks, EPA, and chemical industry experts, CBO estimates 

that this definition of chemical storage tanks would probably extend to tens of thousands of storage tanks across the country. 

CBO estimates that EPA would incur significant costs to operate 

this program if states opt out of running the program themselves. 

Whether or not a state elects to run their own program depends 

on a couple of factors: • First, about 20 states already have similar inspection programs of tanks and water systems in place and thus, running the 

proposed program would enable certain states to continue their 

own administration of water protection and oversight of water systems by expanding current inspection programs. States generally 

prefer to seek delegation of the federal environmental laws, rather 

than have EPA administer such programs in the state. For example, all states except Wyoming, the District of Columbia, and most 

tribal governments have primary enforcement authority for the federal government’s Public Water System Supervision Program. In 

addition, almost all states have been delegated permitting and 

other authorities under the federal Clean Water Act, and all states 

administer the federal Clean Air Act Permitting Program. • Second, the states would also have to consider the cost to run 

their own enforcement program for chemical storage tanks because 

S. 1961 would not authorize federal grants to states for this purpose. States could recoup the cost of operating the new program by 

imposing fees on owners and operators of covered chemical tanks, 

but some states may require changes to state laws to authorize 

such fees. 

Based on information from some states currently running similar 

enforcement programs, CBO expects that most states (and some 

tribal governments and territories) would probably establish their 

own programs under the bill. However, CBO expects that about 10 

states would not establish their own programs and would let EPA 

run programs in those states instead. 

We estimate that it would cost EPA about $3 million initially per 

state to run a program protecting surface water from contamination by chemical storage tanks. After regulations have been developed and initial training for inspectors completed, CBO expects 

that annual costs would decrease to about $2 million per state. 

Overall, we estimate that implementing this legislation would 

cost $114 million over the 2015–2019 period for EPA to operate the 

program for about 10 states, subject to appropriation of the necessary amounts. Such costs could be higher or lower depending on 

how many states opt out of operating their own programs, and 

those decisions could change after the proposed program starts. 

Intergovernmental and private-sector impact: S. 1961 would impose intergovernmental and private-sector mandates, as defined in 


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UMRA, on owners and operators of some chemical storage tanks. 

The bill would require owners and operators of covered chemical 

storage tanks to meet minimum requirements to be established 

under a program for protecting public water systems from chemical 

releases. The program’s requirements would include standards for 

tank construction, leak detection, spill prevention, lifecycle maintenance, and proof of financial responsibility. The program also 

would require owners and operators to develop emergency response 

plans and comply with requirements for periodic inspections. The 

bill would direct EPA and states with primary enforcement authority for public water systems to consider excluding from the program 

tanks that are already regulated by state or federal standards and 

tanks that do not pose a risk to public water systems. However, 

CBO expects that at least tens of thousands of tanks would be covered by the program, most owned or operated by private entities. 

Based on information from states, CBO estimates that a small proportion of those tanks are owned or operated by public entities 

such as local governments, public universities, or hospitals. 

The cost of the mandates would ultimately depend on the minimum requirements developed by EPA and states administering 

the program. Existing requirements in federal or state law as well 

as voluntary consensus standards could be incorporated into the 

program. Consequently, a number of tanks might already comply 

with some requirements that program would establish. Based on 

information from states, CBO estimates that only a small number 

of the chemical storage tanks owned by public entities would need 

to take additional action to comply with the program’s requirements. Consequently, CBO estimates that the aggregate cost for 

those entities to comply with the intergovernmental mandates 

would fall below the annual threshold established in UMRA ($76 

million in 2014, adjusted annually for inflation). 

Based on information from industry sources, CBO estimates that 

the cost for private entities to comply with the mandates could 

amount to tens of thousands of dollars per tank, depending on the 

requirements set by EPA and states. Given the large number of 

private entities that would be affected by the program and the potential costs of compliance, the cost of the private-sector mandates 

would probably be substantial. Consequently, CBO estimates that 

the aggregate cost of the private-sector mandates would probably 

exceed the annual threshold established in UMRA ($152 million in 

2014, adjusted annually for inflation). 

Estimate prepared by: Federal costs: Susanne S. Mehlman; Impact on state, local, and tribal governments: Melissa Merrell and 

Michael Hirsch; Impact on the private sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 

are shown as follows: Existing law proposed to be omitted is enclosed in øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

* * * * * * * 


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SAFE DRINKING WATER ACT-(TITLE XIV OF PUBLIC 

HEALTH SERVICE ACT) 

* * * * * * * 

PART A—DEFINITIONS

* * * * * * * 

ENFORCEMENT OF DRINKING WATER REGULATIONS

SEC. 1414. (a)(1)(A) Whenever the Administrator finds during a 

period during which a State has primary enforcement responsibility for public water systems or a covered chemical storage tank 

(within the meaning of section 1413(a)) that any public water system—or a covered chemical storage tank 

(i) for which a variance under section 1415 or an exemption 

under section 1416 is not in effect, does not comply with any 

applicable requirement, or 

(ii) for which a variance under section 1415 or an exemption 

under section 1416 is in effect, does not comply with any 

schedule or other requirement imposed pursuant thereto, 

he shall so notify the State and such public water system or a covered chemical storage tank and provide such advice and technical 

assistance to such State and public water system or a covered 

chemical storage tank as may be appropriate to bring the system 

into compliance with the requirement by the earliest feasible time. 

(B) If, beyond the thirtieth day after the Administrator’s notification under subparagraph (A), the State has not commenced appropriate enforcement action, the Administrator shall issue an order 

under subsection (g) requiring the public water system or a covered 

chemical storage tank to comply with such applicable requirement 

or the Administrator shall commence a civil action under subsection (b). 

(2) ENFORCEMENT IN NONPRIMACY STATES.— 

(A) IN GENERAL.— If, on the basis of information available to the Administrator, the Administrator finds, with 

respect to a period in which a State does not have primary 

enforcement responsibility for public water systems or a 

covered chemical storage tank, that a public water system 

or a covered chemical storage tank in the State— 

(i) for which a variance under section 1415 or an exemption under section 1416 is not in effect, does not 

comply with any applicable requirement; or 

(ii) for which a variance under section 1415 or an 

exemption under section 1416 is in effect, does not 

comply with any schedule or other requirement imposed pursuant to the variance or exemption; 

the Administrator shall issue an order under subsection (g) 

requiring the public water system or a covered chemical 

storage tank to comply with the requirement, or commence 

a civil action under subsection (b). 

(B) NOTICE.— If the Administrator takes any action pursuant to this paragraph, the Administrator shall notify an 

appropriate local elected official, if any, with jurisdiction 

over the public water system or a covered chemical storage 


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tank of the action prior to the time that the action is 

taken. 

(b) The Administrator may bring a civil action in the appropriate 

United States district court to require compliance with any applicable requirement, with an order issued under subsection (g), or with 

any schedule or other requirement imposed pursuant to a variance 

or exemption granted under section 1415 or 1416 if— 

(1) authorized under paragraph (1) or (2) of subsection (a), 

or 

(2) if requested by (A) the chief executive officer of the State 

in which is located the public water system or a covered chemical storage tank which is not in compliance with such regulation or requirement, or (B) the agency of such State which has 

jurisdiction over compliance by public water systems or a covered chemical storage tank in the State with national primary 

drinking water regulations or State drinking water regulations. 

The court may enter, in an action brought under this subsection, 

such judgment as protection of public health may require, taking 

into consideration the time necessary to comply and the availability 

of alternative water supplies; and, if the court determines that 

there has been a violation of the regulation or schedule or other requirement with respect to which the action was brought, the court 

may, taking into account the seriousness of the violation, the population at risk, and other appropriate factors, impose on the violator 

a civil penalty of not to exceed $25,000 for each day in which such 

violation occurs. 

* * * * * * * 

(e) Nothing in this title shall diminish any authority of a State 

or political subdivision to adopt or enforce any law or regulation respecting drinking water regulations or public water systems or a 

covered chemical storage tank, but no such law or regulation shall 

relieve any person of any requirement otherwise applicable under 

this title. 

(f) If the Administrator makes a finding of noncompliance (described in subparagraph (A) or (B) of subsection (a)(1)) with respect 

to a public water system or a covered chemical storage tank in a 

State which has primary enforcement responsibility, the Administrator may, for the purpose of assisting that State in carrying out 

such responsibility and upon the petition of such State or public 

water system or a covered chemical storage tank or persons served 

by such system, hold, after appropriate notice, public hearings for 

the purpose of gathering information from technical or other experts, Federal, State, or other public officials, representatives of 

such public water system or a covered chemical storage tank, persons served by such system, and other interested persons on— 

(1) the ways in which such system can within the earliest 

feasible time be brought into compliance with the regulation or 

requirement with respect to which such finding was made, and 

(2) the means for the maximum feasible protection of the 

public health during any period in which such system is not in 

compliance with a national primary drinking water regulation 

or requirement applicable to a variance or exemption. 

On the basis of such hearings the Administrator shall issue recommendations which shall be sent to such State and public water 


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system or a covered chemical storage tank and shall be made available to the public and communications media. 

(g)(1) In any case in which the Administrator is authorized to 

bring a civil action under this section or under section 1445 with 

respect to any applicable requirement, the Administrator also may 

issue an order to require compliance with such applicable requirement. 

(2) An order issued under this subsection shall not take effect, 

in the case of a State having primary enforcement responsibility for 

public water systems or a covered chemical storage tank in that 

State, until after the Administrator has provided the State with an 

opportunity to confer with the Administrator regarding the order. 

A copy of any order issued under this subsection shall be sent to 

the appropriate State agency of the State involved if the State has 

primary enforcement responsibility for public water systems or a 

covered chemical storage tank in that State. Any order issued under 

this subsection shall state with reasonable specificity the nature of 

the violation. In any case in which an order under this subsection 

is issued to a corporation, a copy of such order shall be issued to 

appropriate corporate officers. 

(3)(A) Any person who violates, or fails or refuses to comply with, 

an order under this subsection shall be liable to the United States 

for a civil penalty of not more than $25,000 per day of violation. 

(B) In a case in which a civil penalty sought by the Adminis- trator under this paragraph does not exceed $5,000, the penalty 

shall be assessed by the Administrator after notice and opportunity 

for a public hearing (unless the person against whom the penalty 

is assessed requests a hearing on the record in accordance with section 554 of title 5, United States Code). In a case in which a civil 

penalty sought by the Administrator under this paragraph exceeds 

$5,000, but does not exceed $25,000, the penalty shall be assessed 

by the Administrator after notice and opportunity for a hearing on 

the record in accordance with section 554 of title 5, United States 

Code. 

(C) Whenever any civil penalty sought by the Administrator 

under this subsection for a violation of an applicable requirement 

exceeds $25,000, the penalty shall be assessed by a civil action 

brought by the Administrator in the appropriate United States district court (as determined under the provisions of title 28 of the 

United States Code). 

(D) If any person fails to pay an assessment of a civil penalty 

after it has become a final and unappealable order, or after the appropriate court of appeals has entered final judgment in favor of 

the Administrator, the Attorney General shall recover the amount 

for which such person is liable in any appropriate district court of 

the United States. In any such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. 

* * * * * * * 

ø(i) DEFINITION OF APPLICABLE REQUIREMENT.— In this section, 

the term ‘‘applicable requirement’’ means—¿ 

(i) DEFINITIONS.—In this section: 

(1) APPLICABLE REQUIREMENT.—The term ‘applicable requirement’ means— 


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5Lack of comma so in law. Section 403 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (P.L. 107–188; 116 Stat.594) amended section 1414(i)(1) 

by inserting ‘‘1433’’ after ‘‘1417’’. The amendment should probably have inserted ‘‘1433,’’ after 

‘‘1417,’’. 

ø(1)¿ (A) a requirement of section 1412, 1414, 1415, 1416, 

1417, 5 1433, 1441, øor 1445¿ 1445, or part G 

ø(2)¿ (B) a regulation promulgated pursuant to a section referred to in paragraph (1); 

ø(3)¿ (C) a schedule or requirement imposed pursuant to a 

section referred to in paragraph (1); and 

ø(4)¿ (D) a requirement of, or permit issued under, an applicable State program for which the Administrator has made a 

determination that the requirements of section 1413 have been 

satisfied, or an applicable State program approved pursuant to 

this part. 

(2) COVERED CHEMICAL STORAGE TANK.—The term ‘covered 

chemical storage tank’ has the meaning given the term in section 1471. 

* * * * * * * 

PART D—EMERGENCY POWERS

EMERGENCY POWERS

SEC. 1431. (a) Notwithstanding any other provision of this title, 

the Administrator, upon receipt of information that a contaminant 

which is present in or is likely to enter a public water system or 

an underground source of drinking water, or that there is a threatened or potential terrorist attack (or other intentional act designed 

to disrupt the provision of safe drinking water or to impact adversely the safety of drinking water supplied to communities and 

individuals), which may present an imminent and substantial 

endangerment to the health of persons, and that appropriate State 

and local authorities have not acted to protect the health of such 

persons, may take such actions as he may deem necessary in order 

to protect the health of such persons. To the extent he determines 

it to be practicable in light of such imminent endangerment, he 

shall consult with the State and local authorities in order to confirm the correctness of the information on which action proposed to 

be taken under this subsection is based and to ascertain the action 

which such authorities are or will be taking. The action which the 

Administrator may take may include (but shall not be limited to) 

(1) issuing such orders as may be necessary to protect the health 

of persons who are or may be users of such system (including travelers), including orders requiring the provision of alternative water 

supplies by persons who caused or contributed to the 

endangerment, and (2) commencing a civil action for appropriate 

relief, including a restraining order or permanent or temporary injunction. 

(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 temVerDate Mar 15 2010 02:20 Aug 06, 2014 Jkt 039010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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porary 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. 

ø(b)¿ (c) Any person who violates or fails or refuses to comply 

with any order issued by the Administrator under subsection (a)(1) 

may, in an action brought in the appropriate United States district 

court to enforce such order, be subject to a civil penalty of not to 

exceed $15,000 for each day in which such violation occurs or failure to comply continues. 

* * * * * * * 

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 RightTo-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 subVerDate Mar 15 2010 02:20 Aug 06, 2014 Jkt 039010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

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ject 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; 


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(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— 


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(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), 


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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. 


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(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’). 

Æ 


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