I 

113TH CONGRESS 

2D SESSION H. R. 4024 

To protect navigable waters from contamination by chemical storage facilities, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2014 

Mrs. CAPITO introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To protect navigable waters 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 ‘‘Ensuring Access to 

5 Clean Water Act of 2014’’. 


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1 SEC. 2. PROTECTION OF NAVIGABLE WATERS FROM CON2 TAMINATION BY CHEMICAL STORAGE FACILI3 TIES. 

4 The Federal Water Pollution Control Act (33 U.S.C. 

5 1251 et. seq.) is amended by adding at the end the fol6 lowing: 

7 ‘‘TITLE VII—PROTECTION OF 

8 NAVIGABLE WATERS FROM 

9 CONTAMINATION BY CHEM10 ICAL STORAGE FACILITIES 

11 ‘‘SEC. 701. DEFINITIONS. 

12 ‘‘In this title: 

13 ‘‘(1) ABOVEGROUND STORAGE TANK.— 

14 ‘‘(A) IN GENERAL.—For the purposes of 

15 this title, the term ‘aboveground storage tank’ 

16 means any container, or set of connected con17 tainers, designed to contain fluids located at a 

18 covered chemical storage facility, constructed of 

19 materials including concrete, steel, plastic or fi20 berglass reinforced plastic and located on or 

21 above the ground surface. 

22 ‘‘(B) EXCLUSIONS.—For the purposes of 

23 this title, the term ‘aboveground storage tank’ 

24 does not include— 

25 ‘‘(i) any aboveground storage tank of 

26 1,100 gallons or less capacity, unless that 


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1 tank is greater than 500 gallons capacity 

2 and is located within 500 feet of a navi3 gable water that is designated for use as a 

4 domestic water supply under section 303; 

5 or 

6 ‘‘(ii) any aboveground storage tank 

7 that is subject to oversight and inspection 

8 requirements under a Federal or State law 

9 or regulation that is determined by the Ad10 ministrator or the State as applicable 

11 under section 702(c) to be at least as 

12 stringent as the requirements of the pro13 gram under section 702. 

14 ‘‘(2) CHEMICAL.—The term ‘chemical’ means 

15 any substance or mixture of substances. 

16 ‘‘(3) COVERED CHEMICAL STORAGE FACIL17 ITY.— 

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

19 chemical storage facility’ means a facility at 

20 which a chemical is stored and the Adminis21 trator or State, as applicable, determines that a 

22 release of the chemical from the facility poses 

23 a risk of harm to a navigable water that is des24 ignated for use as a domestic water supply 

25 under section 303. 


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

2 chemical storage facility’ does not include a fa3 cility that is subject to a procedure, method, or 

4 other requirement for equipment to address 

5 hazardous substances pursuant to section 

6 311(j)(1)(C). 

7 ‘‘(C) CONSIDERATIONS.—In determining 

8 risk of harm posed by a chemical storage facil9 ity under subparagraph (A), the Administrator 

10 or State, as applicable, may consider the re11 quirements of applicable Federal or State laws 

12 (including regulations). 

13 ‘‘(4) STATE PROGRAM.—The term ‘State pro14 gram’ means a chemical storage facility source water 

15 protection program established under section 702. 

16 ‘‘SEC. 702. ESTABLISHMENT OF STATE PROGRAMS. 

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

18 date of enactment of this title, the Administrator or each 

19 State exercising primary enforcement responsibility under 

20 section 702(c), as applicable, shall carry out, directly or 

21 through delegation, a chemical storage facility source 

22 water protection program to provide for the protection of 

23 navigable waters that are designated for use as domestic 

24 water sources under section 303 from a release of a chem25 ical from a covered chemical storage facility. 


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1 ‘‘(b) PROGRAM REQUIREMENTS.— 

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

3 subsection (a) shall provide for oversight and inspec4 tion of each covered chemical storage facility in ac5 cordance with the requirements described in para6 graph (2) to prevent the release of chemicals into a 

7 navigable water that is designated for use as a do8 mestic water source under section 303. 

9 ‘‘(2) MINIMUM REQUIREMENTS.—At a min10 imum, a State program shall include— 

11 ‘‘(A) requirements for covered chemical 

12 storage facilities, including— 

13 ‘‘(i) acceptable standards of good de14 sign, construction, or maintenance; 

15 ‘‘(ii) leak detection; 

16 ‘‘(iii) spill and overfill control; 

17 ‘‘(iv) inventory control; 

18 ‘‘(v) an emergency response and com19 munication plan; 

20 ‘‘(vi) an employee training and safety 

21 plan; 

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

23 each covered chemical storage facility; 

24 ‘‘(viii) lifecycle maintenance, including 

25 corrosion protection; 


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

2 appropriate State agency, and applicable 

3 operators of public water systems on the 

4 navigable water designated for use as a do5 mestic water supply under section 303 

6 of— 

7 ‘‘(I) the potential toxicity of the 

8 stored chemicals to humans and the 

9 environment; and 

10 ‘‘(II) safeguards or other pre11 cautions that can be taken to detect, 

12 mitigate, or otherwise limit the ad13 verse effects of a release of the stored 

14 chemicals; and 

15 ‘‘(x) financial responsibility require16 ments, including proof of insurance, bond, 

17 or other similar instrument; 

18 ‘‘(B) inspections of aboveground storage 

19 tanks at covered chemical storage facilities, 

20 which shall occur— 

21 ‘‘(i) for a covered chemical storage fa22 cility identified in a source water assess23 ment area under section 1453 of the Safe 

24 Drinking Water Act (42 U.S.C. 300f et 


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1 seq.), not less frequently than once every 3 

2 years; and 

3 ‘‘(ii) for any other covered chemical 

4 storage facility, not less frequently than 

5 once every 5 years; and 

6 ‘‘(C) a comprehensive inventory of the cov7 ered chemical storage facilities in each State. 

8 ‘‘(c) ADMINISTRATION.—A State program shall be 

9 carried out— 

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

11 responsibility for the issuance of permits under sec12 tion 402(b), by the State; and 

13 ‘‘(2) if the State does not exercise primary en14 forcement responsibility for the issuance of permits 

15 under section 402(b) in that State, by the Adminis16 trator. 

17 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this title 

18 shall preclude or deny the right of any State or political 

19 subdivision thereof or interstate agency to adopt or en20 force standards for the oversight and inspection of covered 

21 chemical storage facilities that are more stringent than the 

22 minimum requirements in this section. 

23 ‘‘(e) TECHNICAL ASSISTANCE.—Upon the request of 

24 a State exercising primary enforcement responsibility 

25 under section 702(c)(1), the Administrator may provide 


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1 technical assistance to a State program in carrying out 

2 activities under this title. 

3 ‘‘(f) SURVEY OF BEST PRACTICES.—The Adminis4 trator shall within six months of the date in section 

5 702(a)— 

6 ‘‘(1) prepare a report that surveys the State 

7 oversight and inspection programs provided for in 

8 this section and applicable regulations implementing 

9 such programs in place in each State; 

10 ‘‘(2) submit a copy of this report to the Chair11 man and Ranking Member of the House Transpor12 tation and Infrastructure Committee and the Senate 

13 Environment and Public Works Committee; 

14 ‘‘(3) make the report available to the public on 

15 the Administrator’s Web site; and 

16 ‘‘(4) provide a copy of the report to each State 

17 exercising primary enforcement responsibility under 

18 section 702(c)(1). 

19 ‘‘SEC. 703. EMERGENCY POWERS. 

20 ‘‘(a) CORRECTIVE ACTION ORDERS.—The Adminis21 trator under section 702(c)(2) or the State under section 

22 702(c)(1), as applicable, may issue an order to the owner 

23 or operator of a covered chemical storage facility to carry 

24 out the requirements of this title. 

25 ‘‘(b) PETITIONS.— 


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

2 Administrator or State as applicable under section 

3 702(c) is authorized to act under subsection (a), the 

4 owner or operator of a public water system may— 

5 ‘‘(A) commence a civil action for appro6 priate equitable relief, including a restraining 

7 order or permanent or temporary injunction, to 

8 address any activity or facility that may present 

9 an imminent and substantial endangerment to 

10 the health of persons who are supplied by that 

11 public water system; or 

12 ‘‘(B) petition the Administrator or State as 

13 applicable under section 702(c) to issue an 

14 order or commence a civil action under sub15 section (a). 

16 ‘‘(2) RESPONSE.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), not later than 30 days after the date 

19 on which the Administrator receives a petition 

20 under paragraph (1), the Administrator shall 

21 respond to the petition and initiate such action 

22 as the Administrator determines to be appro23 priate. 

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

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1 tem submits the petition under paragraph (1) 

2 in response to an emergency, the Administrator 

3 shall respond not later than 72 hours after re4 ceipt of the petition. 

5 ‘‘SEC. 704. COST RECOVERY. 

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

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

8 under this title relating to the release of a chemical, the 

9 owner or operator of the covered chemical storage facility 

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

11 costs. 

12 ‘‘SEC. 705. TRANSFER OF COVERED CHEMICAL STORAGE 

13 FACILITIES. 

14 ‘‘Notwithstanding the inspection schedule under sec15 tion 702(b)(2)(B), no person shall transfer a covered 

16 chemical storage facility unless— 

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

18 transfer, the transferor submits to the transferee the 

19 results of a pre-transfer inspection of the integrity 

20 of the covered chemical storage facility, which shall 

21 be conducted pursuant to any requirements set by 

22 the Administrator under section 702(c)(2) or the 

23 State under section 702(c)(1), as applicable; and 

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

25 take appropriate measures to address the results of 


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1 the pre-transfer inspection prior to the date that is 

2 30 days after the date on which the covered chemical 

3 storage facility closes or is transferred. 

4 ‘‘SEC. 706. INFORMATION SHARING. 

5 ‘‘(a) INFORMATION FOR OPERATORS OF DOMESTIC

6 WATER SYSTEMS ON NAVIGABLE WATERS.—The Admin7 istrator or State, as applicable, shall provide operators of 

8 domestic water systems on a navigable water that is des9 ignated for use as a domestic water source under section 

10 303 with information relating to— 

11 ‘‘(1) emergency response plans for covered 

12 chemical storage facilities located within the same 

13 watershed as the domestic water system; and 

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

15 covered chemical storage facilities described in para16 graph (1). 

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

18 each emergency response plan submitted under section 

19 702(b)(2)(A) shall be provided to— 

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

21 primary responsibility under section 702(c)(1)); and 

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

23 ‘‘(c) INFORMATION.— 

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

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1 tion the Administrator or the State determines to be 

2 sensitive or present a security risk to a covered 

3 chemical storage facility. 

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

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

6 ‘‘(B) prevent the sharing of information 

7 with the Administrator, the Secretary of Home8 land Security, a public water system, or a pub9 lic agency involved in emergency response. 

10 ‘‘SEC. 707. PENALTIES FOR VIOLATIONS. 

11 ‘‘Any person owning or operating a covered chemical 

12 storage facility who violates any applicable requirement or 

13 who fails or refuses to comply with an order issued by 

14 the Administrator or the State as applicable under this 

15 title, may, in an action brought in the appropriate United 

16 States District Court, be subject to a civil penalty not to 

17 exceed $15,000 for each day in which such violation occurs 

18 or failure to comply continues.’’. 

Æ 


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