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Examination of the Safety and Security of Drinking Water Supplies Following the Central West Virginia Drinking Water Crisis

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Examination of the Safety and Security of Drinking Water Supplies Following the Central West Virginia Drinking Water Crisis S. HRG. 113–747 EXAMINATION OF THE SAFETY AND SECURITY OF DRINKING WATER SUPPLIES FOLLOWING THE CENTRAL WEST VIRGINIA DRINKING WATER CRISIS HEARING BEFORE THE SUBCOMMITTEE ON WATER AND WILDLIFE OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION FEBRUARY 4, 2014 Printed for the use of the Committee on Environment and Public Works ( Available via the World Wide Web: http://www.gpo.gov/fdsys U.S. GOVERNMENT PUBLISHING OFFICE 97–583 PDF WASHINGTON : 2016 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Aug 31 2005 15:38 Jan 05, 2016 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\_EPW\DOCS\97583.TXT VERN COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION BARBARA BOXER, California, Chairman MAX BAUCUS, Montana DAVID VITTER, Louisiana THOMAS R. CARPER, Delaware JAMES M. INHOFE, Oklahoma BENJAMIN L. CARDIN, Maryland JOHN BARRASSO, Wyoming BERNARD SANDERS, Vermont JEFF SESSIONS, Alabama SHELDON WHITEHOUSE, Rhode Island MIKE CRAPO, Idaho TOM UDALL, New Mexico ROGER WICKER, Mississippi JEFF MERKLEY, Oregon JOHN BOOZMAN, Arkansas KIRSTEN GILLIBRAND, New York DEB FISCHER, Nebraska CORY A. BOOKER, New Jersey BETTINA POIRIER, Majority Staff Director ZAK BAIG, Republican Staff Director SUBCOMMITTEE ON WATER AND WILDLIFE BENJAMIN L. CARDIN, Maryland, Chairman THOMAS R. CARPER, Delaware JOHN BOOZMAN, Arkansas SHELDON WHITEHOUSE, Rhode Island JAMES M. INHOFE, Oklahoma JEFF MERKLEY, Oregon JOHN BARRASSO, Wyoming KIRSTEN GILLIBRAND, New York JEFF SESSIONS, Alabama CORY A. BOOKER DEB FISCHER, Nebraska BARBARA BOXER, California (ex officio) DAVID VITTER, Louisiana (ex officio) (II) VerDate Aug 31 2005 15:38 Jan 05, 2016 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\_EPW\DOCS\97583.TXT VERN CONTENTS Page FEBRUARY 4, 2014 OPENING STATEMENTS Cardin, Hon. Benjamin L., U.S. Senator from the State of Maryland ................ 1 Vitter, Hon. David, U.S. Senator from the State of Louisiana ............................ 4 Boxer, Hon. Barbara, U.S. Senator from the State of California ........................ 6 Udall, Hon. Thomas, U.S. Senator from New Mexico .......................................... 9 Rockefeller, Hon. Jay, U.S. Senator from the State of West Virginia ................. 11 Manchin, Hon. Joe, U.S. Senator from the State of West Virginia ..................... 12 Rahall, Hon. Nick, U.S. Representative from the State of West Virginia .......... 14 Capito, Hon. Shelley, U.S. Representative from the State of West Virginia ...... 15 WITNESSES Tennant, Natalie E., Secretary of State, West Virginia ....................................... 17 Prepared statement .......................................................................................... 19 Responses to additional questions from Senator Boxer ................................ 25 Response to an additional question from Senator Vitter .............................. 26 Responses to additional questions from Senator Cardin ............................... 26 Huffman, Randy C., Cabinet Secretary, West Virginia Department of Environ- mental Protection ................................................................................................. 28 Prepared statement .......................................................................................... 30 Responses to additional questions from: Senator Boxer ................................................................................................... 35 Senator Cardin ................................................................................................. 36 Senator Vitter ................................................................................................... 38 Olson, Erik D., Senior Strategic Director for Health and Food, Natural Re- sources Defense Council ...................................................................................... 39 Prepared statement .......................................................................................... 41 Responses to additional questions from: Senator Boxer ................................................................................................... 51 Senator Cardin ................................................................................................. 53 Fewell, Brent, Vice President of Environmental Compliance on Behalf of United Water ........................................................................................................ 59 Prepared statement .......................................................................................... 61 Response to an additional question from Senator Boxer .............................. 69 Responses to additional questions from Senator Cardin ............................... 69 McNulty, Michael W., General Manager, Putnam Public Service District, West Virginia ........................................................................................................ 74 Prepared statement .......................................................................................... 76 Responses to additional questions from: Senator Boxer ................................................................................................... 83 Senator Vitter ................................................................................................... 83 Faulk, Richard O., Partner, Hollingsworth, LLP .................................................. 86 Prepared statement .......................................................................................... 88 Responses to additional questions from Senator Vitter ................................ 96 Weaver, R. Peter, Vice President, Government Affairs, International Liquid Terminals Association .......................................................................................... 99 Prepared statement .......................................................................................... 101 Responses to additional questions from: Senator Cardin ................................................................................................. 108 Senator Vitter ................................................................................................... 110 (III) VerDate Aug 31 2005 15:38 Jan 05, 2016 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\_EPW\DOCS\97583.TXT VERN IV Page ADDITIONAL MATERIAL Statements: American Water Works Association ................................................................ 123 West Virginia American Water ....................................................................... 125 Clean Water Action .......................................................................................... 133 VerDate Aug 31 2005 15:38 Jan 05, 2016 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\_EPW\DOCS\97583.TXT VERN EXAMINATION OF THE SAFETY AND SECU- RITY OF DRINKING WATER SUPPLIES FOL- LOWING THE CENTRAL WEST VIRGINIA DRINKING WATER CRISIS TUESDAY, FEBRUARY 4, 2014 U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, SUBCOMMITTEE ON WATER AND WILDLIFE, Washington, DC. The subcommittee met, pursuant to notice, at 10 a.m. in room 406, Dirksen Senate Building, Hon. Benjamin L. Cardin (chairman of the subcommittee) presiding. Present: Senators Cardin, Carper, Boxer, Udall, Vitter and Boozman. OPENING STATEMENT OF HON. BENJAMIN CARDIN, U.S. SENATOR FROM THE STATE OF MARYLAND Senator CARDIN. The Subcommittee on Water and Wildlife will convene. I want to thank Senator Boxer for her cooperation in allowing us to expedite this hearing. Senator Vitter, I want to also thank you for the manner in which the leadership of the EPW Committee fa- cilitated a very quick and early hearing on what happened in West Virginia. Americans have a right to expect that when they turn on their tap, the water they get is safe and is safe to drink. It is our respon- sibility to make sure that expectation is, in fact, carried out, both at the Federal, State and local government levels. It is a primary responsibility of government to protect the public safety of the peo- ple of our community. The system did not work on January 9th in West Virginia. The system failed. Yes, the reckless conduct of a private company, Free- dom Industries, was responsible for the spill and the failure to properly report but our system needs to be adequate to protect against all contingencies and it was not in this instance. I think we need to look at how we can strengthen our laws to make sure the public indeed has safe drinking water. I want to congratulate and thank Senators Boxer, Manchin and Senator Rockefeller in the Senate for quickly introducing legisla- tion that deals with some of the fundamental issues with which we have to be concerned. The current law requires a risk assessment of chemicals that may be in the area that could jeopardize safe drinking water but (1) VerDate Aug 31 2005 15:38 Jan 05, 2016 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\97583.TXT VERN 2 does not require an update of that information, nor does it require that there be a plan for using that information to protect the safety of the people of our community. Our laws are just not strong enough to deal with the current situation. Yes, we can take a look at the fact that there has been a risk assessment. However, the last risk assessment done in this area in
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