I 
112TH CONGRESS 
1ST SESSION H. R. 3426 
To amend the Federal Water Pollution Control Act to require the closure 
of oil storage and processing facilities that have spilled oil multiple 
times near residential neighborhoods, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2011 
Mr. CONNOLLY of Virginia introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act to require 
the closure of oil storage and processing facilities that 
have spilled oil multiple times near residential neighbor-
hoods, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Neighbor-
hoods from Oil Pollution Act of 2011’’. 
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SEC. 2. OIL STORAGE AND PROCESSING FACILITIES. 
Section 311 of the Federal Water Pollution Control 
Act (33 U.S.C. 1321) is amended by adding at the end 
the following: 
‘‘(s) OIL STORAGE AND PROCESSING FACILITIES.— 
‘‘(1) CLOSURE.—Not later than 6 months after 
the date of enactment of the Protecting Neighbor-
hoods from Oil Pollution Act of 2011, the Adminis-
trator shall issue final regulations requiring an 
owner or operator of an oil storage or processing fa-
cility to permanently close the oil storage or proc-
essing facility if one or both of the following condi-
tions apply: 
‘‘(A) The oil storage or processing facility 
is located within 1 mile of 100 or more residen-
tial units, and 2 or more covered discharges 
occur at the oil storage or processing facility 
within any 10-year period. 
‘‘(B) The oil storage or processing facility 
is the source of groundwater contamination af-
fecting 100 or more residential units. 
‘‘(2) REGULATIONS.—The Administrator shall 
include in regulations issued under paragraph (1) 
the following: 
‘‘(A) A definition of the term ‘permanently 
close’, to include requirements that— 
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‘‘(i) all liquid and sludge are removed 
from each container and connecting line 
associated with the oil storage or proc-
essing facility; 
‘‘(ii) all connecting lines and piping 
associated with the oil storage or proc-
essing facility are disconnected from each 
such container and blanked off, all valves 
(except for ventilation valves) are closed 
and locked, and conspicuous signs are 
posted on each such container stating that 
it is a permanently closed container and 
noting the date of closure; and 
‘‘(iii) all other applicable Federal laws 
and regulations are followed with respect 
to clean up and remediation of any other 
contamination at, or originating from, the 
oil storage or processing facility. 
‘‘(B) Any additional closure and post-clo-
sure requirements the Administrator determines 
appropriate. 
‘‘(C) A requirement that closure of an oil 
storage or processing facility be completed by 
one of the following deadlines, as applicable: 
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‘‘(i) Not later than 1 year after the 
date of enactment of the Protecting Neigh-
borhoods from Oil Pollution Act of 2011, 
in the case of an oil storage or processing 
facility at which 2 or more covered dis-
charges have occurred on or before such 
date of enactment. 
‘‘(ii) Not later than 1 year after the 
date on which a second covered discharge 
occurs at the oil storage or processing fa-
cility within any 10-year period, in the case 
of any oil storage or processing facility not 
described in clause (i). 
‘‘(iii) Not later than 1 year after the 
date on which the Administrator deter-
mines that the oil storage or processing fa-
cility is the source of groundwater con-
tamination affecting 100 or more residen-
tial units. 
‘‘(D) Any other requirements the Adminis-
trator determines appropriate. 
‘‘(3) PROHIBITED EXEMPTIONS.—The Adminis-
trator may not include in regulations issued under 
paragraph (1) exemptions to any of the require-
ments of this subsection for covered discharges re-
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sulting from an act of God, an act of war, or neg-
ligence on the part of the United States Govern-
ment. 
‘‘(4) WAIVER AND EXTENSION AUTHORITY.— 
The Administrator may waive the requirement for 
closure of an oil storage or processing facility under 
this subsection, or grant an extension of the deadline 
for such closure, if the Administrator determines 
that the owner or operator of the facility has taken 
or is taking all practicable steps to remediate the 
condition requiring closure under paragraph (1). 
‘‘(5) HEALTH AND WELFARE AUTHORITY.—A 
condition requiring closure under paragraph (1) 
shall be considered to be— 
‘‘(A) a substantial threat to the public 
health or welfare of the United States for the 
purposes of subsections (c) and (e); and 
‘‘(B) 
an 
imminent 
and 
substantial 
endangerment to the health of persons or to the 
welfare of persons for the purposes of section 
504. 
‘‘(6) DEFINITIONS.—For the purposes of this 
subsection, the following definitions apply: 
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