Rep. Shelley Moore Capito (R-W.Va.) last week introduced legislation to establish a new oversight program for chemical facilities that could threaten sources of drinking water. Her bill, the “Ensuring Access to Clean Water Act” (H.R. 4024), is similar to legislation introduced earlier this month by West Virginia Senator Joe Manchin as S. 1961.
Both H.R. 4024 and S. 1961 would subject chemical storage facilities to new state-run oversight and inspection programs while requiring the facilities to notify downstream water systems about “the potential toxicity” of each chemical held on-site and requiring “safeguards or other precautions … to detect, mitigate, or otherwise limit the adverse effects” of a chemical spill. Chemical storage facilities would have to comply with state-crafted design, leak detection, and spill and overfill control standards, among others.
Neither bill would target water systems for additional regulations, though water treatment plants that fit the definition of chemical storage facilities could be subject to the new oversight programs.
Rep. Capito’s bill differs from Manchin’s Senate version in several notable ways. H.R. 4024 establishes the new state oversight programs through the Clean Water Act rather than the Safe Drinking Water Act and would also clearly define the chemical storage thresholds and risks posed to nearby surface waters that would trigger a facility’s coverage under the bill. S. 1961, as drafted, would give the states significant leeway to decide which chemical facilities to regulate.
Following last month’s chemical spill in Charleston, W.Va., House Republican leaders expressed skepticism over the need to react with new laws or regulations. It is therefore uncertain how far Capito’s bill may advance in Congress.
In contrast, members of the Senate Environment and Public Works Committee are working with Sen. Manchin to advance S. 1961 and could mark up the bill as early as next month. AMWA has been in touch with committee staff with several suggestions for improving the bill to best serve the needs of downstream drinking water providers and earlier this month sent senators a letter expressing broad objectives for spill response legislation.