Chemical Safety and Drinking Water Protection Act of 2014

To protect surface water from contamination by chemical storage facilities, and for other purposes. 1. Short title This Act may be cited as the Chemical Safety and Drinking Water Protection Act of 2014 2. Protection of surface water from contamination by chemical storage facilities (a) In general The Safe Drinking Water Act ( 42 U.S.C. 300f et seq. G Protection of surface water from contamination by chemical storage facilities 1471. Definitions In this part: (1) Covered chemical storage facility (A) In general The term covered chemical storage facility (B) Exclusions The term covered chemical storage facility 33 U.S.C. 1321(j)(1)(C) (C) Considerations In determining risk of harm posed by a chemical storage facility under subparagraph (A), the Administrator or State, as applicable, may consider the requirements of applicable Federal or State laws (including regulations). (2) State program The term State program 1472. Establishment of State programs (a) In general Not later than 1 year after the date of enactment of this part, the Administrator or each State exercising primary enforcement responsibility for public water systems, as applicable, shall carry out, directly or through delegation, a chemical storage facility source water protection program to provide for the protection of public water systems from a release of a chemical from a covered chemical storage facility. (b) Program requirements (1) In general A State program under subsection (a) shall provide for oversight and inspection of each covered chemical storage facility in accordance with the requirements described in paragraph (2) to prevent the release of chemicals into the water supply in watersheds with public water systems that rely on surface water, including a covered chemical storage facility located in a source water area identified under section 1453. (2) Minimum requirements At a minimum, a State program shall include— (A) requirements for covered chemical storage facilities, including— (i) acceptable standards of good design, construction, or maintenance; (ii) leak detection; (iii) spill and overfill control; (iv) inventory control; (v) an emergency response and communication plan; (vi) an employee training and safety plan; (vii) an inspection of the integrity of each covered chemical storage facility; (viii) lifecycle maintenance, including corrosion protection; (ix) notice to the Administrator, the appropriate State agency, and applicable public water systems of— (I) the potential toxicity of the stored chemicals to humans and the environment; 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, or other similar instrument; (B) inspections of covered chemical storage facilities, which shall occur— (i) for a covered chemical storage facility identified in a source water assessment area under section 1453, not less frequently than once every 3 years; and (ii) for any other covered chemical storage facility, not less frequently than once every 5 years; and (C) a comprehensive inventory of the covered chemical storage facilities in each State. (c) National primary drinking water regulations For purposes of primary enforcement responsibility, a State 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 the procedures under sections 1413 and 1414 and part E. (d) Administration A State 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; and (2) if the State does not exercise primary enforcement responsibility for public water systems in that State under this Act, by the Administrator. (e) Guidance The Administrator may issue guidance or provide other technical assistance to State programs in carrying out activities under this part. 1473. Corrective action orders The Administrator under section 1472(d)(2) or the State under section 1472(d)(1), as applicable, may issue an order to the owner or operator of a covered chemical storage facility to carry out this part. 1474. 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 facility shall be liable to the Administrator or the State for those costs. 1475. Transfer of covered chemical storage facilities Notwithstanding the inspection schedule under section 1472(b)(2)(B), no person shall transfer a covered chemical storage facility 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 facility, which shall be conducted pursuant to any requirements set by the Administrator under section 1472(d)(2) or the State under section 1472(d)(1), as applicable; and (2) the transferor or the transferee agrees to take appropriate measures to address the results of the pretransfer inspection prior to the date that is 30 days after the date on which the covered chemical storage facility closes or is transferred. 1476. Information sharing (a) Information for public water systems The Administrator or State, as applicable, shall provide public water systems with information relating to— (1) emergency response plans for covered chemical storage facilities located within the same watershed as the public water system; and (2) an inventory of each chemical held at the covered chemical storage facilities described in paragraph (1). (b) Emergency response plans A copy of each emergency response plan submitted under section 1472(b)(2)(A) shall be provided to— (1) the Administrator (if the State exercises primary responsibility for public water systems in that State); and (2) the Secretary of Homeland Security. (c) Information (1) In general The Administrator or a State, as applicable, may keep confidential information the Administrator or the State determines to be sensitive and present a security risk to a covered chemical storage facility. (2) Exceptions Paragraph (1) shall not— (A) apply to public health information; or (B) 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. . (b) Emergency powers Section 1431 of the Safe Drinking Water Act ( 42 U.S.C. 300i (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (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— (A) commence 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; or (B) 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. . (c) Conforming amendment Section 1414 of the Safe Drinking Water Act ( 42 U.S.C. 300g–3 (1) in subsections (a), (b), (e), (f), and (g)— (A) by inserting after public water system or a covered chemical storage facility (B) by inserting after public water systems or a covered chemical storage facility (2) in subsection (i)— (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (B) by striking the heading designation and all that follows through means— (i) Definitions In this section: (1) Applicable requirement The term applicable requirement ; (C) in paragraph (1)(A) (as so redesignated)— (i) by inserting a comma after 1417 (ii) by striking or 1445 1445, or part G (D) by adding at the end the following: (2) Covered chemical storage facility The term covered chemical storage facility .

Summary: Chemical Safety and Drinking Water Protection Act of 2014 - (Sec. 2) Amends the Safe Drinking Water Act (SDWA) to direct the Environmental Protection Agency (EPA) or each state exercising primary enforcement responsibility for public water systems to establish within two years a state chemical storage tank surface water protection program for chemicals identified as a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), subject to emergency planning or reporting requirements of the Emergency Planning and Community Right-To-Know Act, or defined as a contaminant under the Safe Drinking Water Act. Includes within the program bulk storage tanks that contain chemicals that if released could pose a risk of harm to a public water system. Excludes from the program a tank or container that is subject to regulations to prevent discharges of oil and hazardous substances under the National Response System of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Authorizes the EPA or a state, as applicable, to adopt additional exclusions based on federal or state laws that substantially meet the requirements of this Act, or for tanks that would not pose a risk of harm to a public water system. Requires the programs to provide for oversight and inspection of each covered chemical storage tank in accordance with minimum requirements, established by this Act, to prevent the release of chemicals into the water supplies of public water systems. Requires inspections for: (1) high hazard tanks every year by a certified inspector, (2) tanks identified in source water assessment every three years, and (3) for any other covered chemical storage tank every five years. Requires the program to include a comprehensive inventory of the covered chemical storage tanks in each state. Requires the EPA or a state, as applicable, to develop within two years a list of covered chemical storage tanks that hold chemicals that if released could pose the greatest risk of harm to public water systems in the state and the greatest risk to public health. Deems a program and its requirements, for purposes of primary enforcement responsibility, to be part of the national primary drinking water regulations and requires that they be implemented and enforced in accordance with applicable SDWA procedures. Requires states to notify the EPA within two years on whether the state will be exercising primary enforcement responsibility for public water systems or if it will be opting out. Prohibits a state's decision to implement or opt out of the program from affecting the state's primacy over other programs under the SDWA. Requires the EPA to issue guidance and provide other technical assistance to states carrying out the programs. Authorizes the EPA or a state, as applicable, to issue orders to the owner or operator of a tank to carry out this Act. Sets forth requirements concerning: (1) liability of a tank owner or operator for costs of response actions, and (2) pre-transfer inspections of tanks. Requires the EPA or a state to make available to public water systems, on request, information regarding emergency response plans, an inventory of each chemical held in the covered chemical storage tanks, existing information on the potential toxicity of the stored chemicals to public health and the environment that is relevant to evaluate the risk of harm to public water systems, 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. Directs the EPA or the state to provide emergency response plans required by the program to the agency carrying out the program and to the Department of Homeland Security (DHS). Requires these plans to be integrated with applicable area contingency plans under the Clean Water Act. Authorizes an owner or operator of a public water system to commence, or to petition the EPA to commence, a civil action for equitable relief to address possible imminent and substantial endangerment to the health of persons supplied by the water system. Provides a special rule to expedite the EPA's response to a petition in emergency situations.