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. 
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 ‘‘Ensuring Access to 
Clean Water Act of 2014’’. 
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SEC. 2. PROTECTION OF NAVIGABLE WATERS FROM CON-
TAMINATION BY CHEMICAL STORAGE FACILI-
TIES. 
The Federal Water Pollution Control Act (33 U.S.C. 
1251 et. seq.) is amended by adding at the end the fol-
lowing: 
‘‘TITLE 
VII—PROTECTION 
OF 
NAVIGABLE 
WATERS 
FROM 
CONTAMINATION BY CHEM-
ICAL STORAGE FACILITIES 
‘‘SEC. 701. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ABOVEGROUND STORAGE TANK.— 
‘‘(A) IN GENERAL.—For the purposes of 
this title, the term ‘aboveground storage tank’ 
means any container, or set of connected con-
tainers, designed to contain fluids located at a 
covered chemical storage facility, constructed of 
materials including concrete, steel, plastic or fi-
berglass reinforced plastic and located on or 
above the ground surface. 
‘‘(B) EXCLUSIONS.—For the purposes of 
this title, the term ‘aboveground storage tank’ 
does not include— 
‘‘(i) any aboveground storage tank of 
1,100 gallons or less capacity, unless that 
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tank is greater than 500 gallons capacity 
and is located within 500 feet of a navi-
gable water that is designated for use as a 
domestic water supply under section 303; 
or 
‘‘(ii) any aboveground storage tank 
that is subject to oversight and inspection 
requirements under a Federal or State law 
or regulation that is determined by the Ad-
ministrator or the State as applicable 
under section 702(c) to be at least as 
stringent as the requirements of the pro-
gram under section 702. 
‘‘(2) CHEMICAL.—The term ‘chemical’ means 
any substance or mixture of substances. 
‘‘(3) COVERED
CHEMICAL
STORAGE
FACIL-
ITY.— 
‘‘(A) IN
GENERAL.—The term ‘covered 
chemical storage facility’ means a facility at 
which a chemical is stored and the Adminis-
trator or State, as applicable, determines that a 
release of the chemical from the facility poses 
a risk of harm to a navigable water that is des-
ignated for use as a domestic water supply 
under section 303. 
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‘‘(B) EXCLUSIONS.—The term ‘covered 
chemical storage facility’ does not include a fa-
cility that is subject to a procedure, method, or 
other requirement for equipment to address 
hazardous substances pursuant to section 
311(j)(1)(C). 
‘‘(C) CONSIDERATIONS.—In determining 
risk of harm posed by a chemical storage facil-
ity under subparagraph (A), the Administrator 
or State, as applicable, may consider the re-
quirements of applicable Federal or State laws 
(including regulations). 
‘‘(4) STATE PROGRAM.—The term ‘State pro-
gram’ means a chemical storage facility source water 
protection program established under section 702. 
‘‘SEC. 702. ESTABLISHMENT OF STATE PROGRAMS. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this title, the Administrator or each 
State exercising primary enforcement responsibility under 
section 702(c), as applicable, shall carry out, directly or 
through delegation, a chemical storage facility source 
water protection program to provide for the protection of 
navigable waters that are designated for use as domestic 
water sources under section 303 from a release of a chem-
ical from a covered chemical storage facility. 
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‘‘(b) PROGRAM REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—A State program under 
subsection (a) shall provide for oversight and inspec-
tion of each covered chemical storage facility in ac-
cordance with the requirements described in para-
graph (2) to prevent the release of chemicals into a 
navigable water that is designated for use as a do-
mestic water source under section 303. 
‘‘(2) MINIMUM
REQUIREMENTS.—At a min-
imum, a State program shall include— 
‘‘(A) requirements for covered chemical 
storage facilities, including— 
‘‘(i) acceptable standards of good de-
sign, construction, or maintenance; 
‘‘(ii) leak detection; 
‘‘(iii) spill and overfill control; 
‘‘(iv) inventory control; 
‘‘(v) an emergency response and com-
munication 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; 
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‘‘(ix) notice to the Administrator, the 
appropriate State agency, and applicable 
operators of public water systems on the 
navigable water designated for use as a do-
mestic water supply under section 303 
of— 
‘‘(I) the potential toxicity of the 
stored chemicals to humans and the 
environment; and 
‘‘(II) safeguards or other pre-
cautions that can be taken to detect, 
mitigate, or otherwise limit the ad-
verse effects of a release of the stored 
chemicals; and 
‘‘(x) financial responsibility require-
ments, including proof of insurance, bond, 
or other similar instrument; 
‘‘(B) inspections of aboveground storage 
tanks at covered chemical storage facilities, 
which shall occur— 
‘‘(i) for a covered chemical storage fa-
cility identified in a source water assess-
ment area under section 1453 of the Safe 
Drinking Water Act (42 U.S.C. 300f et 
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seq.), 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 cov-
ered chemical storage facilities in each State. 
‘‘(c) ADMINISTRATION.—A State program shall be 
carried out— 
‘‘(1) if the State exercises primary enforcement 
responsibility for the issuance of permits under sec-
tion 402(b), by the State; and 
‘‘(2) if the State does not exercise primary en-
forcement responsibility for the issuance of permits 
under section 402(b) in that State, by the Adminis-
trator. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this title 
shall preclude or deny the right of any State or political 
subdivision thereof or interstate agency to adopt or en-
force standards for the oversight and inspection of covered 
chemical storage facilities that are more stringent than the 
minimum requirements in this section. 
‘‘(e) TECHNICAL ASSISTANCE.—Upon the request of 
a State exercising primary enforcement responsibility 
under section 702(c)(1), the Administrator may provide 
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technical assistance to a State program in carrying out 
activities under this title. 
‘‘(f) SURVEY OF BEST PRACTICES.—The Adminis-
trator shall within six months of the date in section 
702(a)— 
‘‘(1) prepare a report that surveys the State 
oversight and inspection programs provided for in 
this section and applicable regulations implementing 
such programs in place in each State; 
‘‘(2) submit a copy of this report to the Chair-
man and Ranking Member of the House Transpor-
tation and Infrastructure Committee and the Senate 
Environment and Public Works Committee; 
‘‘(3) make the report available to the public on 
the Administrator’s Web site; and 
‘‘(4) provide a copy of the report to each State 
exercising primary enforcement responsibility under 
section 702(c)(1). 
‘‘SEC. 703. EMERGENCY POWERS. 
‘‘(a) CORRECTIVE ACTION ORDERS.—The Adminis-
trator under section 702(c)(2) or the State under section 
702(c)(1), as applicable, may issue an order to the owner 
or operator of a covered chemical storage facility to carry 
out the requirements of this title. 
‘‘(b) PETITIONS.— 
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‘‘(1) IN GENERAL.—In any case in which the 
Administrator or State as applicable under section 
702(c) is authorized to act under subsection (a), the 
owner or operator of a public water system may— 
‘‘(A) commence a civil action for appro-
priate 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 or State as 
applicable under section 702(c) to issue an 
order or commence a civil action under sub-
section (a). 
‘‘(2) RESPONSE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (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 appro-
priate. 
‘‘(B) SPECIAL RULE FOR EMERGENCIES.— 
If the owner or operator of a public water sys-
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tem submits the petition under paragraph (1) 
in response to an emergency, the Administrator 
shall respond not later than 72 hours after re-
ceipt of the petition. 
‘‘SEC. 704. COST RECOVERY. 
‘‘If costs have been incurred by the Administrator or 
the State, as applicable, for undertaking a response action 
under this title 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. 
‘‘SEC. 705. TRANSFER OF COVERED CHEMICAL STORAGE 
FACILITIES. 
‘‘Notwithstanding the inspection schedule under sec-
tion 702(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 pre-transfer inspection of the integrity 
of the covered chemical storage facility, which shall 
be conducted pursuant to any requirements set by 
the Administrator under section 702(c)(2) or the 
State under section 702(c)(1), as applicable; and 
‘‘(2) the transferor or the transferee agrees to 
take appropriate measures to address the results of 
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the pre-transfer inspection prior to the date that is 
30 days after the date on which the covered chemical 
storage facility closes or is transferred. 
‘‘SEC. 706. INFORMATION SHARING. 
‘‘(a) INFORMATION FOR OPERATORS OF DOMESTIC 
WATER SYSTEMS ON NAVIGABLE WATERS.—The Admin-
istrator or State, as applicable, shall provide operators of 
domestic water systems on a navigable water that is des-
ignated for use as a domestic water source under section 
303 with information relating to— 
‘‘(1) emergency response plans for covered 
chemical storage facilities located within the same 
watershed as the domestic water system; and 
‘‘(2) an inventory of each chemical held at the 
covered chemical storage facilities described in para-
graph (1). 
‘‘(b) EMERGENCY RESPONSE PLANS.—A copy of 
each emergency response plan submitted under section 
702(b)(2)(A) shall be provided to— 
‘‘(1) the Administrator (if the State exercises 
primary responsibility under section 702(c)(1)); and 
‘‘(2) the Secretary of Homeland Security. 
‘‘(c) INFORMATION.— 
‘‘(1) IN
GENERAL.—The Administrator or a 
State, as applicable, may keep confidential informa-
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tion the Administrator or the State determines to be 
sensitive or 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 Home-
land Security, a public water system, or a pub-
lic agency involved in emergency response. 
‘‘SEC. 707. PENALTIES FOR VIOLATIONS. 
‘‘Any person owning or operating a covered chemical 
storage facility who violates any applicable requirement or 
who fails or refuses to comply with an order issued by 
the Administrator or the State as applicable under this 
title, may, in an action brought in the appropriate United 
States District Court, be subject to a civil penalty not to 
exceed $15,000 for each day in which such violation occurs 
or failure to comply continues.’’. 
Æ 
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