H.R. 3426 (112th): Protecting Neighborhoods from Oil Pollution Act of 2011

HR 3426 IH

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.

November 15, 2011

Mr. CONNOLLY of Virginia introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Protecting Neighborhoods from Oil Pollution Act of 2011’.

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 Neighborhoods from Oil Pollution Act of 2011, the Administrator shall issue final regulations requiring an owner or operator of an oil storage or processing facility to permanently close the oil storage or processing facility if one or both of the following conditions apply:

‘(A) The oil storage or processing facility is located within 1 mile of 100 or more residential 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 affecting 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--

‘(i) all liquid and sludge are removed from each container and connecting line associated with the oil storage or processing facility;

‘(ii) all connecting lines and piping associated with the oil storage or processing 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-closure 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:

‘(i) Not later than 1 year after the date of enactment of the Protecting Neighborhoods from Oil Pollution Act of 2011, in the case of an oil storage or processing facility at which 2 or more covered discharges 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 facility 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 determines that the oil storage or processing facility is the source of groundwater contamination affecting 100 or more residential units.

‘(D) Any other requirements the Administrator determines appropriate.

‘(3) PROHIBITED EXEMPTIONS- The Administrator may not include in regulations issued under paragraph (1) exemptions to any of the requirements of this subsection for covered discharges resulting from an act of God, an act of war, or negligence on the part of the United States Government.

‘(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:

‘(A) COVERED DISCHARGE- The term ‘covered discharge’ means a discharge of oil greater than 40 gallons from any source.

‘(B) OIL STORAGE OR PROCESSING FACILITY- The term ‘oil storage or processing facility’ means any structure, group of structures, equipment, or device, including any associated property, that is used for producing, storing, handling, transferring, processing, or transporting oil.

‘(7) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to restrict any other Federal or State authority regarding the remediation of, or other response to, a covered discharge.’.

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