Skip to main content

A trio of Democratic senators plans to introduce new chemical facility oversight legislation in response to this month’s Charleston, West Virginia chemical spill that contaminated nearby drinking water supplies.

According to a one-page summary circulated by Sen. Joe Manchin (D-W.Va.), the “Chemical Safety and Drinking Water Protection Act” will include provisions to:

  • Require regular state inspections of above-ground chemical storage facilities that could threaten drinking water sources;

  • Require the chemical industry to develop state-approved emergency response plans that meet minimum guidelines established in the bill;

  • Allow states to recoup costs incurred from responding to chemical emergencies; and

  • Ensure drinking water systems have the tools and information necessary to respond to chemical spills and related emergencies.

Several specific details about the bill will remain unknown until the final legislative text is released, such as how these new programs would be paid for and whether any new regulatory requirements would apply to drinking water utilities. Sen. Jay Rockefeller (D-W.Va.) and Environment and Public Works Committee Chairman Barbara Boxer (D-Calif.) are expected to cosponsor the legislation.

Boxer’s committee plans to hold two February hearings looking into the West Virginia spill. The first, a Water and Wildlife Subcommittee hearing tentatively scheduled for February 4, will reportedly examine the specific circumstances of the incident and its impact on drinking water. A full committee hearing planned for later in the month is expected to take a broader look at chemical safety – possibly through the lens of potential reforms to the federal Toxic Substances Control Act (TSCA).