II 

113TH CONGRESS 

2D SESSION S. 1961 

To protect surface water from contamination by chemical storage facilities, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 27, 2014 

Mr. MANCHIN (for himself, Mrs. BOXER, and Mr. ROCKEFELLER) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

A BILL 

To protect surface water from contamination by chemical 

storage facilities, and for other purposes. 

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 ‘‘Chemical Safety and 

5 Drinking Water Protection Act of 2014’’. 

6 SEC. 2. PROTECTION OF SURFACE WATER FROM CONTAMI7 NATION BY CHEMICAL STORAGE FACILITIES. 

8 (a) IN GENERAL.—The Safe Drinking Water Act (42 

9 U.S.C. 300f et seq.) is amended by adding at the end the 

10 following: 


jbell on DSK7SPTVN1PROD with BILLS
2 

•S 1961 IS

1 ‘‘PART G—PROTECTION OF SURFACE WATER 

2 FROM CONTAMINATION BY CHEMICAL STOR3 AGE FACILITIES 

4 ‘‘SEC. 1471. DEFINITIONS. 

5 ‘‘In this part: 

6 ‘‘(1) COVERED CHEMICAL STORAGE FACIL7 ITY.— 

8 ‘‘(A) IN GENERAL.—The term ‘covered 

9 chemical storage facility’ means a facility at 

10 which a chemical is stored and the Adminis11 trator or State, as applicable, determines that a 

12 release of the chemical from the facility poses 

13 a risk of harm to a public water system. 

14 ‘‘(B) EXCLUSIONS.—The term ‘covered 

15 chemical storage facility’ does not include a fa16 cility that is subject to a procedure, method, or 

17 other requirement for equipment to address 

18 hazardous substances pursuant to section 

19 311(j)(1)(C) of the Federal Water Pollution 

20 Control Act (33 U.S.C. 1321(j)(1)(C)). 

21 ‘‘(C) CONSIDERATIONS.—In determining 

22 risk of harm posed by a chemical storage facil23 ity under subparagraph (A), the Administrator 

24 or State, as applicable, may consider the re25 quirements of applicable Federal or State laws 

26 (including regulations). 


jbell on DSK7SPTVN1PROD with BILLS
3 

•S 1961 IS

1 ‘‘(2) STATE PROGRAM.—The term ‘State pro2 gram’ means a chemical storage facility source water 

3 protection program established under section 1472. 

4 ‘‘SEC. 1472. ESTABLISHMENT OF STATE PROGRAMS. 

5 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this part, the Administrator or each 

7 State exercising primary enforcement responsibility for 

8 public water systems, as applicable, shall carry out, di9 rectly or through delegation, a chemical storage facility 

10 source water protection program to provide for the protec11 tion of public water systems from a release of a chemical 

12 from a covered chemical storage facility. 

13 ‘‘(b) PROGRAM REQUIREMENTS.— 

14 ‘‘(1) IN GENERAL.—A State program under 

15 subsection (a) shall provide for oversight and inspec16 tion of each covered chemical storage facility in ac17 cordance with the requirements described in para18 graph (2) to prevent the release of chemicals into 

19 the water supply in watersheds with public water 

20 systems that rely on surface water, including a cov21 ered chemical storage facility located in a source 

22 water area identified under section 1453. 

23 ‘‘(2) MINIMUM REQUIREMENTS.—At a min24 imum, a State program shall include— 


jbell on DSK7SPTVN1PROD with BILLS
4 

•S 1961 IS

1 ‘‘(A) requirements for covered chemical 

2 storage facilities, including— 

3 ‘‘(i) acceptable standards of good de4 sign, construction, or maintenance; 

5 ‘‘(ii) leak detection; 

6 ‘‘(iii) spill and overfill control; 

7 ‘‘(iv) inventory control; 

8 ‘‘(v) an emergency response and com9 munication plan; 

10 ‘‘(vi) an employee training and safety 

11 plan; 

12 ‘‘(vii) an inspection of the integrity of 

13 each covered chemical storage facility; 

14 ‘‘(viii) lifecycle maintenance, including 

15 corrosion protection; 

16 ‘‘(ix) notice to the Administrator, the 

17 appropriate State agency, and applicable 

18 public water systems of— 

19 ‘‘(I) the potential toxicity of the 

20 stored chemicals to humans and the 

21 environment; and 

22 ‘‘(II) safeguards or other pre23 cautions that can be taken to detect, 

24 mitigate, or otherwise limit the adVerDate Mar 15 2010 03:17 Jan 28, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1961.IS S1961

jbell on DSK7SPTVN1PROD with BILLS
5 

•S 1961 IS

1 verse effects of a release of the stored 

2 chemicals; and 

3 ‘‘(x) financial responsibility require4 ments, including proof of insurance, bond, 

5 or other similar instrument; 

6 ‘‘(B) inspections of covered chemical stor7 age facilities, which shall occur— 

8 ‘‘(i) for a covered chemical storage fa9 cility identified in a source water assess10 ment area under section 1453, not less fre11 quently than once every 3 years; and 

12 ‘‘(ii) for any other covered chemical 

13 storage facility, not less frequently than 

14 once every 5 years; and 

15 ‘‘(C) a comprehensive inventory of the cov16 ered chemical storage facilities in each State. 

17 ‘‘(c) NATIONAL PRIMARY DRINKING WATER REGU18 LATIONS.—For purposes of primary enforcement responsi19 bility, a State program and any requirements under this 

20 part shall be— 

21 ‘‘(1) considered to be a part of the national pri22 mary drinking water regulations established under 

23 section 1412; and 


jbell on DSK7SPTVN1PROD with BILLS
6 

•S 1961 IS

1 ‘‘(2) implemented and enforced in accordance 

2 with the procedures under sections 1413 and 1414 

3 and part E. 

4 ‘‘(d) ADMINISTRATION.—A State program shall be 

5 carried out— 

6 ‘‘(1) if the State exercises primary enforcement 

7 responsibility for public water systems in that State 

8 under this Act, by the State; and 

9 ‘‘(2) if the State does not exercise primary en10 forcement responsibility for public water systems in 

11 that State under this Act, by the Administrator. 

12 ‘‘(e) GUIDANCE.—The Administrator may issue guid13 ance or provide other technical assistance to State pro14 grams in carrying out activities under this part. 

15 ‘‘SEC. 1473. CORRECTIVE ACTION ORDERS. 

16 ‘‘The Administrator under section 1472(d)(2) or the 

17 State under section 1472(d)(1), as applicable, may issue 

18 an order to the owner or operator of a covered chemical 

19 storage facility to carry out this part. 

20 ‘‘SEC. 1474. COST RECOVERY. 

21 ‘‘If costs have been incurred by the Administrator or 

22 the State, as applicable, for undertaking a response action 

23 under this part relating to the release of a chemical, the 

24 owner or operator of the covered chemical storage facility 


jbell on DSK7SPTVN1PROD with BILLS
7 

•S 1961 IS

1 shall be liable to the Administrator or the State for those 

2 costs. 

3 ‘‘SEC. 1475. TRANSFER OF COVERED CHEMICAL STORAGE 

4 FACILITIES. 

5 ‘‘Notwithstanding the inspection schedule under sec6 tion 1472(b)(2)(B), no person shall transfer a covered 

7 chemical storage facility unless— 

8 ‘‘(1) prior to the closing or completion of the 

9 transfer, the transferor submits to the transferee the 

10 results of a pretransfer inspection of the integrity of 

11 the covered chemical storage facility, which shall be 

12 conducted pursuant to any requirements set by the 

13 Administrator under section 1472(d)(2) or the State 

14 under section 1472(d)(1), as applicable; and 

15 ‘‘(2) the transferor or the transferee agrees to 

16 take appropriate measures to address the results of 

17 the pretransfer inspection prior to the date that is 

18 30 days after the date on which the covered chemical 

19 storage facility closes or is transferred. 

20 ‘‘SEC. 1476. INFORMATION SHARING. 

21 ‘‘(a) INFORMATION FOR PUBLIC WATER SYSTEMS.— 

22 The Administrator or State, as applicable, shall provide 

23 public water systems with information relating to— 


jbell on DSK7SPTVN1PROD with BILLS
8 

•S 1961 IS

1 ‘‘(1) emergency response plans for covered 

2 chemical storage facilities located within the same 

3 watershed as the public water system; and 

4 ‘‘(2) an inventory of each chemical held at the 

5 covered chemical storage facilities described in para6 graph (1). 

7 ‘‘(b) EMERGENCY RESPONSE PLANS.—A copy of 

8 each emergency response plan submitted under section 

9 1472(b)(2)(A) shall be provided to— 

10 ‘‘(1) the Administrator (if the State exercises 

11 primary responsibility for public water systems in 

12 that State); and 

13 ‘‘(2) the Secretary of Homeland Security. 

14 ‘‘(c) INFORMATION.— 

15 ‘‘(1) IN GENERAL.—The Administrator or a 

16 State, as applicable, may keep confidential informa17 tion the Administrator or the State determines to be 

18 sensitive and present a security risk to a covered 

19 chemical storage facility. 

20 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not— 

21 ‘‘(A) apply to public health information; or 

22 ‘‘(B) prevent the sharing of information 

23 with the Administrator, the Secretary of Home24 land Security, a public water system, or a pub25 lic agency involved in emergency response.’’. 


jbell on DSK7SPTVN1PROD with BILLS
9 

•S 1961 IS

1 (b) EMERGENCY POWERS.—Section 1431 of the Safe 

2 Drinking Water Act (42 U.S.C. 300i) is amended— 

3 (1) by redesignating subsection (b) as sub4 section (c); and 

5 (2) by inserting after subsection (a) the fol6 lowing: 

7 ‘‘(b) PETITIONS.— 

8 ‘‘(1) IN GENERAL.—In any case in which the 

9 Administrator is authorized to act under subsection 

10 (a), the owner or operator of a public water system 

11 may— 

12 ‘‘(A) commence a civil action for appro13 priate equitable relief, including a restraining 

14 order or permanent or temporary injunction, to 

15 address any activity or facility that may present 

16 an imminent and substantial endangerment to 

17 the health of persons who are supplied by that 

18 public water system; or 

19 ‘‘(B) petition the Administrator to issue an 

20 order or commence a civil action under sub21 section (a). 

22 ‘‘(2) RESPONSE.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), not later than 30 days after the date 

25 on which the Administrator receives a petition 


jbell on DSK7SPTVN1PROD with BILLS
10 

•S 1961 IS

1 under paragraph (1), the Administrator shall 

2 respond to the petition and initiate such action 

3 as the Administrator determines to be appro4 priate. 

5 ‘‘(B) SPECIAL RULE FOR EMERGENCIES.— 

6 If the owner or operator of a public water sys7 tem submits the petition under paragraph (1) 

8 in response to an emergency, the Administrator 

9 shall respond not later than 72 hours after re10 ceipt of the petition.’’. 

11 (c) CONFORMING AMENDMENT.—Section 1414 of the 

12 Safe Drinking Water Act (42 U.S.C. 300g–3) is amend13 ed— 

14 (1) in subsections (a), (b), (e), (f), and (g)— 

15 (A) by inserting after ‘‘public water sys16 tem’’ each place it appears ‘‘or a covered chem17 ical storage facility’’; and 

18 (B) by inserting after ‘‘public water sys19 tems’’ each place it appears ‘‘or a covered 

20 chemical storage facility’’; and 

21 (2) in subsection (i)— 

22 (A) by redesignating paragraphs (1) 

23 through (3) as subparagraphs (A) through (C), 

24 respectively, and indenting appropriately; 


jbell on DSK7SPTVN1PROD with BILLS
11 

•S 1961 IS

1 (B) by striking the heading designation 

2 and all that follows through ‘‘means—’’ and in3 serting the following: 

4 ‘‘(i) DEFINITIONS.—In this section: 

5 ‘‘(1) APPLICABLE REQUIREMENT.—The term 

6 ‘applicable requirement’ means—’’; 

7 (C) in paragraph (1)(A) (as so redesig8 nated)— 

9 (i) by inserting a comma after 

10 ‘‘1417’’; and 

11 (ii) by striking ‘‘or 1445’’ and insert12 ing ‘‘1445, or part G’’; and 

13 (D) by adding at the end the following: 

14 ‘‘(2) COVERED CHEMICAL STORAGE FACIL15 ITY.—The term ‘covered chemical storage facility’ 

16 has the meaning given the term in section 1471.’’. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS