II 

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. 

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’’. 


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1 SEC. 2. PROTECTION OF SURFACE WATER FROM CONTAMI2 NATION BY CHEMICAL STORAGE FACILITIES. 

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

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

5 following: 

6 ‘‘PART G—PROTECTION OF SURFACE WATER 

7 FROM CONTAMINATION BY CHEMICAL STOR8 AGE FACILITIES 

9 ‘‘SEC. 1471. DEFINITIONS. 

10 ‘‘In this part: 

11 ‘‘(1) COVERED CHEMICAL STORAGE FACIL12 ITY.— 

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

14 chemical storage facility’ means a facility at 

15 which a chemical is stored and the Adminis16 trator or State, as applicable, determines that a 

17 release of the chemical from the facility poses 

18 a risk of harm to a public water system. 

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

20 chemical storage facility’ does not include a fa21 cility that is subject to a procedure, method, or 

22 other requirement for equipment to address 

23 hazardous substances pursuant to section 

24 311(j)(1)(C) of the Federal Water Pollution 

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


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1 ‘‘(C) CONSIDERATIONS.—In determining 

2 risk of harm posed by a chemical storage facil3 ity under subparagraph (A), the Administrator 

4 or State, as applicable, may consider the re5 quirements of applicable Federal or State laws 

6 (including regulations). 

7 ‘‘(2) STATE PROGRAM.—The term ‘State pro8 gram’ means a chemical storage facility source water 

9 protection program established under section 1472. 

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

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

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

13 State exercising primary enforcement responsibility for 

14 public water systems, as applicable, shall carry out, di15 rectly or through delegation, a chemical storage facility 

16 source water protection program to provide for the protec17 tion of public water systems from a release of a chemical 

18 from a covered chemical storage facility. 

19 ‘‘(b) PROGRAM REQUIREMENTS.— 

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

21 subsection (a) shall provide for oversight and inspec22 tion of each covered chemical storage facility in ac23 cordance with the requirements described in para24 graph (2) to prevent the release of chemicals into 

25 the water supply in watersheds with public water 


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1 systems that rely on surface water, including a cov2 ered chemical storage facility located in a source 

3 water area identified under section 1453. 

4 ‘‘(2) MINIMUM REQUIREMENTS.—At a min5 imum, a State program shall include— 

6 ‘‘(A) requirements for covered chemical 

7 storage facilities, including— 

8 ‘‘(i) acceptable standards of good de9 sign, construction, or maintenance; 

10 ‘‘(ii) leak detection; 

11 ‘‘(iii) spill and overfill control; 

12 ‘‘(iv) inventory control; 

13 ‘‘(v) an emergency response and com14 munication plan; 

15 ‘‘(vi) an employee training and safety 

16 plan; 

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

18 each covered chemical storage facility; 

19 ‘‘(viii) lifecycle maintenance, including 

20 corrosion protection; 

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

22 appropriate State agency, and applicable 

23 public water systems of— 


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1 ‘‘(I) the potential toxicity of the 

2 stored chemicals to humans and the 

3 environment; and 

4 ‘‘(II) safeguards or other pre5 cautions that can be taken to detect, 

6 mitigate, or otherwise limit the ad7 verse effects of a release of the stored 

8 chemicals; and 

9 ‘‘(x) financial responsibility require10 ments, including proof of insurance, bond, 

11 or other similar instrument; 

12 ‘‘(B) inspections of covered chemical stor13 age facilities, which shall occur— 

14 ‘‘(i) for a covered chemical storage fa15 cility identified in a source water assess16 ment area under section 1453, not less fre17 quently than once every 3 years; and 

18 ‘‘(ii) for any other covered chemical 

19 storage facility, not less frequently than 

20 once every 5 years; and 

21 ‘‘(C) a comprehensive inventory of the cov22 ered chemical storage facilities in each State. 

23 ‘‘(c) NATIONAL PRIMARY DRINKING WATER REGU24 LATIONS.—For purposes of primary enforcement responsiVerDate Mar 15 2010 18:59 Aug 01, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1961.RS S1961

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1 bility, a State program and any requirements under this 

2 part shall be— 

3 ‘‘(1) considered to be a part of the national pri4 mary drinking water regulations established under 

5 section 1412; and 

6 ‘‘(2) implemented and enforced in accordance 

7 with the procedures under sections 1413 and 1414 

8 and part E. 

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

10 carried out— 

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

12 responsibility for public water systems in that State 

13 under this Act, by the State; and 

14 ‘‘(2) if the State does not exercise primary en15 forcement responsibility for public water systems in 

16 that State under this Act, by the Administrator. 

17 ‘‘(e) GUIDANCE.—The Administrator may issue guid18 ance or provide other technical assistance to State pro19 grams in carrying out activities under this part. 

20 ‘‘SEC. 1473. CORRECTIVE ACTION ORDERS. 

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

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

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

24 storage facility to carry out this part. 


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1 ‘‘SEC. 1474. COST RECOVERY. 

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

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

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

5 owner or operator of the covered chemical storage facility 

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

7 costs. 

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

9 FACILITIES. 

10 ‘‘Notwithstanding the inspection schedule under sec11 tion 1472(b)(2)(B), no person shall transfer a covered 

12 chemical storage facility unless— 

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

14 transfer, the transferor submits to the transferee the 

15 results of a pretransfer inspection of the integrity of 

16 the covered chemical storage facility, which shall be 

17 conducted pursuant to any requirements set by the 

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

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

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

21 take appropriate measures to address the results of 

22 the pretransfer inspection prior to the date that is 

23 30 days after the date on which the covered chemical 

24 storage facility closes or is transferred. 


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1 ‘‘SEC. 1476. INFORMATION SHARING. 

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

3 The Administrator or State, as applicable, shall provide 

4 public water systems with information relating to— 

5 ‘‘(1) emergency response plans for covered 

6 chemical storage facilities located within the same 

7 watershed as the public water system; and 

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

9 covered chemical storage facilities described in para10 graph (1). 

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

12 each emergency response plan submitted under section 

13 1472(b)(2)(A) shall be provided to— 

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

15 primary responsibility for public water systems in 

16 that State); and 

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

18 ‘‘(c) INFORMATION.— 

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

20 State, as applicable, may keep confidential informa21 tion the Administrator or the State determines to be 

22 sensitive and present a security risk to a covered 

23 chemical storage facility. 

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

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


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1 ‘‘(B) prevent the sharing of information 

2 with the Administrator, the Secretary of Home3 land Security, a public water system, or a pub4 lic agency involved in emergency response.’’. 

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

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

7 (1) by redesignating subsection (b) as sub8 section (c); and 

9 (2) by inserting after subsection (a) the fol10 lowing: 

11 ‘‘(b) PETITIONS.— 

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

13 Administrator is authorized to act under subsection 

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

15 may— 

16 ‘‘(A) commence a civil action for appro17 priate equitable relief, including a restraining 

18 order or permanent or temporary injunction, to 

19 address any activity or facility that may present 

20 an imminent and substantial endangerment to 

21 the health of persons who are supplied by that 

22 public water system; or 

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

24 order or commence a civil action under sub25 section (a). 


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1 ‘‘(2) RESPONSE.— 

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), not later than 30 days after the date 

4 on which the Administrator receives a petition 

5 under paragraph (1), the Administrator shall 

6 respond to the petition and initiate such action 

7 as the Administrator determines to be appro8 priate. 

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

10 If the owner or operator of a public water sys11 tem submits the petition under paragraph (1) 

12 in response to an emergency, the Administrator 

13 shall respond not later than 72 hours after re14 ceipt of the petition.’’. 

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

16 Safe Drinking Water Act (42 U.S.C. 300g–3) is amend17 ed— 

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

19 (A) by inserting after ‘‘public water sys20 tem’’ each place it appears ‘‘or a covered chem21 ical storage facility’’; and 

22 (B) by inserting after ‘‘public water sys23 tems’’ each place it appears ‘‘or a covered 

24 chemical storage facility’’; and 

25 (2) in subsection (i)— 


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1 (A) by redesignating paragraphs (1) 

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

3 respectively, and indenting appropriately; 

4 (B) by striking the heading designation 

5 and all that follows through ‘‘means—’’ and in6 serting the following: 

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

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

9 ‘applicable requirement’ means—’’; 

10 (C) in paragraph (1)(A) (as so redesig11 nated)— 

12 (i) by inserting a comma after 

13 ‘‘1417’’; and 

14 (ii) by striking ‘‘or 1445’’ and insert15 ing ‘‘1445, or part G’’; and 

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

17 ‘‘(2) COVERED CHEMICAL STORAGE FACIL18 ITY.—The term ‘covered chemical storage facility’ 

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

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Chemical Safety and 

22 Drinking Water Protection Act of 2014’’. 


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1 SEC. 2. PROTECTION OF SURFACE WATER FROM CONTAMI2 NATION BY CHEMICAL STORAGE TANKS. 

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

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

5 following: 

6 ‘‘PART G—PROTECTION OF SURFACE WATER 

7 FROM CONTAMINATION BY CHEMICAL STOR8 AGE TANKS 

9 ‘‘SEC. 1471. DEFINITIONS. 

10 ‘‘In this part: 

11 ‘‘(1) CHEMICAL.—The term ‘chemical’ means a 

12 chemical substance that is— 

13 ‘‘(A) identified as a hazardous substance, as 

14 defined in section 101(14) of the Comprehensive 

15 Environmental Response, Compensation, and Li16 ability Act (42 U.S.C. 9601(14)); 

17 ‘‘(B) subject to emergency planning or re18 porting requirements of the Emergency Planning 

19 and Community Right-To-Know Act (42 U.S.C. 

20 11001 et seq.); or 

21 ‘‘(C) defined as a contaminant under sec22 tion 1401(6) of the Safe Drinking Water Act (42 

23 U.S.C. 300f(6)). 

24 ‘‘(2) COVERED CHEMICAL STORAGE TANK.— 

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

26 chemical storage tank’ means an onshore, fixed, 


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1 above-ground bulk chemical storage container 

2 (including any associated piping and appur3 tenances), or a combination of such storage con4 tainers, from which a release of the chemical 

5 from the tank or storage containers or combina6 tion of storage containers and tanks could pose 

7 a risk of harm to a public water system. 

8 ‘‘(B) EXCLUSIONS.— 

9 ‘‘(i) IN GENERAL.—The term ‘covered 

10 chemical storage tank’ does not include a 

11 tank or container that is subject to a proce12 dure, method, or other requirement pursu13 ant to regulations promulgated under sec14 tion 311(j)(1)(C) of the Federal Water Pol15 lution Control Act (33 U.S.C. 

16 1321(j)(1)(C)). 

17 ‘‘(ii) ADDITIONAL EXCLUSIONS.—The 

18 Administrator or State, as applicable, shall 

19 consider and may adopt appropriate exclu20 sions— 

21 ‘‘(I) based on applicable Federal 

22 or State laws (including regulations) 

23 that substantially meet the require24 ments and purposes of this Act; or 


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1 ‘‘(II) for covered chemical storage 

2 tanks that the Administrator or State, 

3 as applicable, determines would not 

4 pose a risk of harm to a public water 

5 system. 

6 ‘‘(3) PROGRAM.—The term ‘program’ means a 

7 chemical storage tank surface water protection pro8 gram established under section 1472. 

9 ‘‘SEC. 1472. ESTABLISHMENT OF PROGRAMS. 

10 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

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

12 State exercising primary enforcement responsibility for 

13 public water systems, as applicable, shall establish, directly 

14 or through delegation to any State agency the Governor of 

15 the State determines is appropriate, a chemical storage 

16 tank surface water protection program to provide for the 

17 protection of public water systems from a release of a chem18 ical from a covered chemical storage tank. 

19 ‘‘(b) PROGRAM REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.—A program under subsection 

21 (a) shall provide for oversight and inspection of each 

22 covered chemical storage tank in accordance with the 

23 requirements described in paragraph (2) to prevent 

24 the release of chemicals into surface water supplies of 

25 public water systems, including a covered chemical 


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1 storage tank located in a source water area identified 

2 under section 1453. 

3 ‘‘(2) MINIMUM REQUIREMENTS.—At a min4 imum, the program shall include— 

5 ‘‘(A) requirements for covered chemical stor6 age tanks, including— 

7 ‘‘(i) appropriate standards of good de8 sign, construction, or maintenance; 

9 ‘‘(ii) leak detection; 

10 ‘‘(iii) spill and overfill prevention and 

11 containment; 

12 ‘‘(iv) inventory control for the purpose 

13 of promptly determining the quantity of 

14 chemicals released in the event of a spill; 

15 ‘‘(v) an emergency response and com16 munication plan, including procedures for 

17 immediately notifying, after discovery of a 

18 chemical release, public water systems that 

19 may be adversely impacted by the chemical 

20 release, and other entities required by the 

21 Emergency Planning and Community 

22 Right-To-Know Act of 1986 (42 U.S.C. 

23 11001 et seq.); 

24 ‘‘(vi) an employee training and safety 

25 plan; 


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

2 covered chemical storage tanks, consistent 

3 with appropriate standards; 

4 ‘‘(viii) lifecycle maintenance, including 

5 corrosion protection; 

6 ‘‘(ix) notice to the Administrator and 

7 the appropriate State agency of— 

8 ‘‘(I) the existing information on 

9 the potential toxicity of the stored 

10 chemicals to public health and the en11 vironment that the Administrator or 

12 State, as applicable, determines is rel13 evant to evaluate the risk of harm to 

14 public water systems; and 

15 ‘‘(II) safeguards or other pre16 cautions that can be taken to detect, 

17 mitigate, or otherwise limit the adverse 

18 effects of a release of the stored chemi19 cals; and 

20 ‘‘(x) financial responsibility require21 ments, including proof of insurance, bond, 

22 self-insurance, guarantee, or other similar 

23 financial assurance instrument; 

24 ‘‘(B) inspections of covered chemical storage 

25 tanks, which shall occur— 


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1 ‘‘(i) for a covered chemical storage 

2 tank listed under paragraph (3), annually 

3 by a certified inspector on behalf of the 

4 owner or operator of such tank; 

5 ‘‘(ii) for a covered chemical storage 

6 tank identified in a source water assessment 

7 area under section 1453, not less frequently 

8 than once every 3 years by the Adminis9 trator or State, as applicable; and 

10 ‘‘(iii) for any other covered chemical 

11 storage tank, not less frequently than once 

12 every 5 years; and 

13 ‘‘(C) a comprehensive inventory of the cov14 ered chemical storage tanks in each State. 

15 ‘‘(3) HIGH HAZARD COVERED CHEMICAL STOR16 AGE TANKS.—Not later than 2 years after the date of 

17 enactment of this part, the Administrator or the 

18 State, as applicable, shall develop a list of covered 

19 chemical storage tanks from which a release of a 

20 chemical from the tanks poses the greatest risk of 

21 harm to public water systems in the State and the 

22 greatest risk to public health. 

23 ‘‘(c) INCORPORATION OF EXISTING STANDARDS.—In 

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1 section (b), the Administrator or a State, as applicable, 

2 may, by reference, include appropriate— 

3 ‘‘(1) requirements under State or Federal law, 

4 including regulations, as in effect on the date on 

5 which the program requirements are established; and 

6 ‘‘(2) consensus standards. 

7 ‘‘(d) NATIONAL PRIMARY DRINKING WATER REGULA8 TIONS.—For purposes of primary enforcement responsi9 bility, a program and any requirements under this part 

10 shall be— 

11 ‘‘(1) considered to be a part of the national pri12 mary drinking water regulations established under 

13 section 1412; and 

14 ‘‘(2) implemented and enforced in accordance 

15 with this Act. 

16 ‘‘(e) ADMINISTRATION.—A program shall be carried 

17 out— 

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

19 responsibility for public water systems in that State 

20 under this Act, by the State; or 

21 ‘‘(2) by the Administrator if the State— 

22 ‘‘(A) does not exercise primary enforcement 

23 responsibility for public water systems in that 

24 State under this Act; or 


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1 ‘‘(B)(i) exercises primary enforcement re2 sponsibility for public water systems in that 

3 State; and 

4 ‘‘(ii) expressly refrains from administering 

5 and implementing a program under this part. 

6 ‘‘(f) NOTIFICATION.—Not later than 2 years after the 

7 date of enactment of this part, the State shall notify the 

8 Administrator if the State— 

9 ‘‘(1) exercises primary enforcement responsibility 

10 for public water systems in that State under this Act; 

11 and 

12 ‘‘(2) refrains from establishing a program under 

13 this part. 

14 ‘‘(g) SEVERABILITY.—If a State does not implement 

15 a program under this part, it shall not otherwise affect the 

16 primary enforcement responsibility of the State under this 

17 Act. 

18 ‘‘(h) GUIDANCE.—The Administrator shall issue guid19 ance, subject to public notice and opportunity for comment, 

20 and provide other technical assistance to States carrying 

21 out programs and activities under this part. 

22 ‘‘SEC. 1473. CORRECTIVE ACTION ORDERS. 

23 ‘‘The Administrator under section 1472(e)(2) or the 

24 State under section 1472(e)(1), as applicable, may issue an 


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1 order to the owner or operator of a covered chemical storage 

2 tank to carry out this part. 

3 ‘‘SEC. 1474. RESPONSE COST RECOVERY. 

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

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

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

7 owner or operator of the covered chemical storage tank shall 

8 be liable to the Administrator or the State for those response 

9 action costs. 

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

11 TANKS. 

12 ‘‘(a) IN GENERAL.—Notwithstanding the inspection 

13 schedule under section 1472(b)(2)(B), no person shall trans14 fer a covered chemical storage tank unless— 

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

16 transfer, the transferor submits to the transferee the 

17 results of a pretransfer inspection of the integrity of 

18 the covered chemical storage tank, which shall be con19 ducted pursuant to any requirements set by the Ad20 ministrator under section 1472(e)(2) or the State 

21 under section 1472(e)(1), as applicable; and 

22 ‘‘(2) except as provided in subsection (e), the 

23 transferor or the transferee agrees to take appropriate 

24 measures to address the results of the pretransfer in25 spection prior to the date that is 1 year after the date 


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1 on which the covered chemical storage tank closes or 

2 transfer is complete. 

3 ‘‘(b) QUALIFYING INSPECTIONS.—An inspection car4 ried out not earlier than 1 year before the date on which 

5 a covered chemical storage tank is transferred shall satisfy 

6 the pretransfer inspection requirement described in sub7 section (a). 

8 ‘‘(c) THIRD-PARTY INSPECTIONS.—An inspection 

9 made by a qualified engineer on behalf of the owner or oper10 ator of the tank shall satisfy the pretransfer inspection re11 quirement described in subsection (a). 

12 ‘‘(d) CALCULATION OF TIME PERIOD.—For a covered 

13 chemical storage tank subject to a pretransfer inspection 

14 under subsection (a)(1), the deadline for the next required 

15 inspection under section 1427(b)(2)(B) shall be calculated 

16 from the date of the pretransfer inspection. 

17 ‘‘(e) EXTENSION.—The Administrator or State, as ap18 plicable, may extend the time period described in subsection 

19 (a)(2) for a reasonable time if the transferor or transferee 

20 establishes, to the satisfaction of the Administrator or State, 

21 that the design and construction of the appropriate meas22 ures taken under subsection (a)(2) cannot reasonably be 

23 completed during the time period. 


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1 ‘‘SEC. 1476. INFORMATION SHARING. 

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

3 Subject to subsection (c), the Administrator or State, as ap4 plicable, shall make available to public water systems, on 

5 request, information maintained by the Administrator or 

6 State, as applicable, in accordance with section 1472(b)(2) 

7 relating to— 

8 ‘‘(1) emergency response plans for covered chem9 ical storage tanks located within the same watershed 

10 as the public water system; 

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

12 covered chemical storage tanks described in paragraph 

13 (1); 

14 ‘‘(3) existing information on the potential tox15 icity of the stored chemicals to public health and the 

16 environment that the Administrator or State, as ap17 plicable, determines is relevant to evaluate the risk of 

18 harm to public water systems; and 

19 ‘‘(4) safeguards or other precautions that can be 

20 taken to detect, mitigate, or otherwise limit the ad21 verse effects of a release of the stored chemicals. 

22 ‘‘(b) EMERGENCY RESPONSE PLANS.— 

23 ‘‘(1) IN GENERAL.—A State or the Adminis24 trator, as applicable, shall submit a copy of each 

25 emergency response plan submitted under section 

26 1472(b)(2)(A) to— 


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1 ‘‘(A) the Administrator (or the State if the 

2 Administrator is carrying out the program); and 

3 ‘‘(B) the Secretary of Homeland Security. 

4 ‘‘(2) CONSISTENCY.—To the maximum extent 

5 practicable, emergency response plans submitted 

6 under section 1472(b)(2)(A) shall be integrated with 

7 applicable area contingency plans under section 

8 311(j)(4) of the Federal Water Pollution Control Act 

9 (33 U.S.C. 1321(j)(4)). 

10 ‘‘(c) INFORMATION.— 

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

12 State, as applicable, shall keep confidential informa13 tion reported to, obtained by, or otherwise submitted 

14 to the Administrator or the State that the Adminis15 trator or State determines to be national security sen16 sitive or present a security risk to a covered chemical 

17 storage tank. 

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

19 ‘‘(A) apply to public health information; 

20 ‘‘(B) apply to information required to be 

21 disclosed under the Emergency Planning and 

22 Community Right-To-Know Act of 1986 (42 

23 U.S.C. 11001 et seq.) or any other requirement 

24 under any law (including regulations); or 


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1 ‘‘(C) prevent the sharing of information 

2 with the Administrator, the Secretary of Home3 land Security, a public water system, or a public 

4 agency involved in emergency response. 

5 ‘‘(3) EFFECT.—Nothing in this subsection af6 fects— 

7 ‘‘(A) except as provided under paragraph 

8 (2), any disclosure requirement or exceptions to 

9 disclosure under any State law (including regu10 lations); or 

11 ‘‘(B) any disclosure requirement or excep12 tions to disclosure under Federal law, including 

13 section 552 of title 5, United States Code (com14 monly known as the ‘Freedom of Information 

15 Act’).’’. 

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

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

18 (1) by redesignating subsection (b) as subsection 

19 (c); and 

20 (2) by inserting after subsection (a) the fol21 lowing: 

22 ‘‘(b) PETITIONS.— 

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

24 Administrator is authorized to act under subsection 


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

2 may, but is not required— 

3 ‘‘(A) to commence a civil action for appro4 priate equitable relief, including a restraining 

5 order or permanent or temporary injunction, to 

6 address any activity or facility that may present 

7 an imminent and substantial endangerment to 

8 the health of persons who are supplied by that 

9 public water system; or 

10 ‘‘(B) to petition the Administrator to issue 

11 an order or commence a civil action under sub12 section (a). 

13 ‘‘(2) RESPONSE.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), not later than 30 days after the date 

16 on which the Administrator receives a petition 

17 under paragraph (1), the Administrator shall re18 spond to the petition and initiate such action as 

19 the Administrator determines to be appropriate. 

20 ‘‘(B) SPECIAL RULE FOR EMERGENCIES.—If 

21 the owner or operator of a public water system 

22 submits the petition under paragraph (1) in re23 sponse to an emergency, the Administrator shall 

24 respond not later than 72 hours after receipt of 

25 the petition.’’. 


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26 

•S 1961 RS

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

2 Safe Drinking Water Act (42 U.S.C. 300g–3) is amended— 

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

4 (A) by inserting after ‘‘public water sys5 tem’’ each place it appears ‘‘or a covered chem6 ical storage tank’’; and 

7 (B) by inserting after ‘‘public water sys8 tems’’ each place it appears ‘‘or a covered chem9 ical storage tank’’; and 

10 (2) in subsection (i)— 

11 (A) by redesignating paragraphs (1) 

12 through (4) as subparagraphs (A) through (D), 

13 respectively, and indenting appropriately; 

14 (B) by striking the heading designation and 

15 all that follows through ‘‘means—’’ and inserting 

16 the following: 

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

18 ‘‘(1) APPLICABLE REQUIREMENT.—The term ‘ap19 plicable requirement’ means—’’; 

20 (C) in paragraph (1)(A) (as so redesig21 nated)— 

22 (i) by inserting a comma after ‘‘1417’’; 

23 and 

24 (ii) by striking ‘‘or 1445’’ and insert25 ing ‘‘1445, or part G’’; and 


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27 

•S 1961 RS

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

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

3 term ‘covered chemical storage tank’ has the meaning 

4 given the term in section 1471.’’. 


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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 


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