By Mary Kerr 202-225-6260
Congress has moved a step closer to making the nation’s wastewater and drinking water facilities more secure, less vulnerable to terrorist attacks, and better equipped to protect public health and the environment.
Provisions from H.R. 2883, the Wastewater Treatment Works Security Act of 2009, have been incorporated into legislation to address overall chemical security in the United States. Title III of H.R. 2868, the Chemical and Water Security Act of 2009, enhances the security of wastewater treatment facilities from intentional acts that may disrupt safe operations or may have adverse effects on public health and the environment. It also authorizes $1 billion in grants for enhancing the overall security of wastewater treatment facilities. Identical protections for drinking water facilities are also included in H.R. 2868.
“Following the 9/11 terrorist attacks, protecting the nation’s infrastructure, including wastewater treatment and drinking water systems, became a critical priority. Sanitary and storm sewers form an extensive network that runs beneath buildings and roads, the heart of business and financial districts, and the downtown areas of major cities. Significant damage to the nation's wastewater facilities or collection systems could result in significant loss of life and catastrophic environmental damage to rivers, lakes, and wetlands,” said Rep. James L. Oberstar (Minn.), Chairman of the Committee on Transportation and Infrastructure. “This legislation gives the Environmental Protection Agency the tools it needs to implement and oversee better, safer methods to protect our citizens, our critical infrastructure, and our nation’s environment from terrorist actions.”
The nation's wastewater infrastructure consists of approximately 16,000 publicly-owned wastewater treatment plants, 100,000 major pumping stations, 600,000 miles of sanitary sewers and another 200,000 miles of storm sewers, with a total value of more than $2 trillion. Publicly-owned treatment works serve more than 200 million people, or about 70 percent of the nation’s total population, and approximately 27,000 commercial or industrial facilities. Additionally, some wastewater treatment facilities utilize chemicals in their disinfectant processes, such as gaseous chlorine, that may pose a threat to public health or the environment if improperly released.
“We must implement consistent, comprehensive methods to increase security for the nation’s water systems to prevent contamination of drinking water supplies, harm to public health and safety, and disruption to commerce, the economy, and Americans’ quality way of life. The legislation’s new security-related requirements for certain wastewater facilities, such as those serving a population of 25,000 or greater, include conducting a vulnerability assessment, implementing a site security plan, and developing an emergency response plan,” said Rep. Eddie Bernice Johnson (Tex.), Chairwoman of the Water Resources and Environment Subcommittee. “Because approximately 40 percent of the nation’s publicly-owned wastewater and drinking water systems are co-managed, H.R. 2868 was crafted to enable EPA to oversee both types of facilities so that there are seamless, coordinated security practices in place.”
Johnson is the original sponsor of H.R. 2883, and Rep. Bennie Thompson (Miss.), Chairman of the Committee on Homeland Security, introduced H.R. 2868. The amendment to H.R. 2868 that the House will consider includes H.R. 2883, designating EPA as the lead agency for wastewater security. EPA, as lead agency, is best positioned to balance the needs of maintaining water quality and implementing new security measures.
“I thank Chairman Thompson and Chairman Waxman for incorporating the Wastewater Treatment Works Security Act into the broader chemical security legislation. This addresses my central concern to avoid a conflicting, and potentially costly, regulatory management structure for water sector utilities that would have resulted from the original bill,” said Rep. Oberstar. “Enactment of the Wastewater Treatment Security Act will preserve the historical regulatory relationship between wastewater utility operators and EPA in meeting both the security measures called for in this measure, as well as the goals and purposes of the Clean Water Act.”
H.R, 2868 creates four risk-based tiers for treatment facilities; with tier one representing the highest degree of security risk. The assessment is based on the size of the facility, proximity to large population centers, and potential adverse impacts on treatment operations, critical infrastructure, public health or safety, and the environment. Within the two highest risk-based tiers, treatment facilities must implement a method to reduce the consequences of a chemical release. The bill authorizes the EPA Administrator, in consultation with the Secretary of Homeland Security, to designate any chemical substance which is known to cause death, injury, or serious adverse impacts as a substance of concern. Additionally, the legislation authorizes $200 million annually for each of fiscal years 2010 through 2014 for grants to conduct vulnerability assessments and security enhancements at publicly-owned treatment facilities.
###
Summary of H.R. 2868 "The Wastewater Treatment Works Security Act of 2009"
