H. R. 2883
IN THE HOUSE OF REPRESENTATIVES
June 16, 2009
Ms. Eddie Bernice Johnson of Texas (for herself, Mr. Oberstar, Mr. Filner, and Mrs. Napolitano) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
To amend the Federal Water Pollution Control Act to provide for security at wastewater treatment works, and for other purposes.
This Act may be cited as the
Wastewater Treatment Works Security
Act of 2009.
Wastewater treatment works security
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following:
Wastewater treatment works security
Assessment of treatment works vulnerability
Each owner or operator of a treatment works that stores or uses a substance of concern in quantities deemed by the Administrator to pose a security risk shall conduct a vulnerability assessment of its treatment works.
this section, the term
vulnerability assessment means an
assessment of the vulnerability of a treatment works to intentional actions
substantially disrupt the ability of the treatment works to safely and reliably operate; or
have a substantial adverse effect on critical infrastructure, public health or safety, or the environment.
A vulnerability assessment shall include an identification of the vulnerability of the treatment works’—
facilities, systems, and devices used in the storage, treatment, recycling, or reclamation of municipal sewage or industrial wastes;
intercepting sewers, outfall sewers, sewage collection systems, and other constructed conveyances under the control of the owner or operator of the treatment works;
electronic, computer, and other automated systems;
pumping, power, and other equipment;
use, storage, and handling of various chemicals; and
operation and maintenance procedures.
Site security plan
A vulnerability assessment shall include a site security plan to identify specific security enhancements, including procedures, countermeasures, or equipment that the owner or operator of a treatment works will implement or utilize to reduce the vulnerabilities identified through the review under subparagraph (B) (including the identification of the extent to which implementation or utilization of such security enhancements may impact the operations of the treatment works in meeting the goals and requirements of this Act).
Not later than December 31, 2009, the Administrator, in consultation with the Secretary of Homeland Security, shall develop and publish guidelines for carrying out a vulnerability assessment, consistent with this section and the goals and requirements of this Act, and shall periodically revise such guidelines, as appropriate.
Identification and evaluation of security enhancements
In developing the guidelines described in clause (i), the Administrator shall—
identify an array of potential security enhancements, including procedures, countermeasures, or equipment, that the owner or operator of a treatment works can implement or utilize to reduce the vulnerability of the treatment works; and
include information on the potential effectiveness of such security enhancements in reducing the vulnerability of the treatment works.
Risk-based evaluation of treatment works
In developing the guidelines described in clause (i), the Administrator shall develop standards for assigning individual treatment works into 4 risk-based classifications.
Standards for risk-based classifications
In developing such standards, the Administrator shall consider—
the size of the treatment works;
the proximity of the treatment works to large population centers;
the potential adverse impacts of an intentional act on the operation of the treatment works or on critical infrastructure, public health or safety, or the environment; and
any other factor which the Administrator determines to be appropriate.
Criteria for approval
The Administrator may assign differing criteria for the approval of a vulnerability assessment under paragraph (4) based on the risk-based classification of the treatment works.
Substance of concern
In developing the guidelines described in clause (i), the Administrator, in consultation with the Secretary of Homeland Security, may designate any chemical substance as a substance of concern.
At the time a substance is designated pursuant to subclause (I), the Administrator shall establish by rule a threshold quantity for the release or theft of the substance, taking into account the toxicity, reactivity, volatility, dispersability, combustibility, and flammability of the substance and the amount of the substance which, as a result of the release, is known to cause or may be reasonably anticipated to cause death, injury, or a substantial adverse effect to critical infrastructure, public health or safety, or the environment.
Consideration of existing standards
In making a determination under subclause (I), the Administrator shall take into account appendix A of part 27 of title 6, Code of Federal Regulations (or any successor regulations).
Review and revision of vulnerability assessments
In developing the guidelines described in clause (i), the Administrator shall include—
a process for the revision, if necessary, and resubmission of vulnerability assessments for treatment works conducted prior to the date of enactment of this section to determine whether they meet the requirements of this section; and
provisions for the periodic review of vulnerability assessments and revision of vulnerability assessments based on new information provided by the Administrator, in consultation with the Secretary of Homeland Security, to the owner or operator of the treatment works.
Certification and deadlines
Each owner or operator of a treatment works referred to in paragraph (1) shall certify to the Administrator that a vulnerability assessment has been conducted for the treatment works and shall submit to the Administrator a written copy of the vulnerability assessment.
Certifications and submissions referred to in subparagraph (A) shall be made prior to—
December 31, 2010, in the case of a treatment works with a treatment capacity of 15,000,000 gallons per day or greater or that is assigned to the highest risk-based classification under the guidelines developed under paragraph (2)(D);
June 30, 2011, in the case of a treatment works that is assigned to the second highest risk-based classification under the guidelines developed under paragraph (2)(D);
December 31, 2011, in the case of a treatment works that is assigned to the third highest risk-based classification under the guidelines developed under paragraph (2)(D); and
June 30, 2012, in the case of a treatment works that is assigned to the lowest risk-based classification under guidelines developed under paragraph (2)(D).
Review of vulnerability assessments
Not later than 180 days after the date on which the Administrator receives a vulnerability assessment under this section, the Administrator shall review and approve or disapprove such assessment.
The Administrator shall disapprove a vulnerability assessment if the Administrator determines that the vulnerability assessment does not comply with this section (including guidelines developed under paragraph (2)(D)) or implementation of any security enhancement identified under paragraph (2)(C) is not consistent with the goals and requirements of this Act.
Limitation on disapproval
The Administrator may not disapprove a vulnerability assessment submitted under this section based on the implementation of a particular security enhancement.
Provisions of notification of disapproval
If the Administrator disapproves the vulnerability assessment under this section, the Administrator shall provide the owner or operator of a treatment works a written notification of the disapproval that—
includes a clear explanation of deficiencies in the vulnerability assessment;
provides guidance to assist the owner or operator in addressing deficiencies; and
requires the owner or operator to revise the vulnerability assessment to address any deficiencies and, by such date as the Administrator determines is appropriate, to submit to the Administrator a revised vulnerability assessment.
Prohibition of public disclosure
The Administrator shall ensure that vulnerability assessments (including site security plans) and other security-related information, records, and documents are not disclosed except as provided in this section.
In carrying out paragraph (1), the Administrator shall ensure that any information contained in the vulnerability assessment is not disclosed—
by any Federal agency under section 552 of title 5, United States Code; or
under any State or local law.
Nothing in this paragraph shall prohibit the sharing of information, as the Administrator, in consultation with the Secretary of Homeland Security, determines to be appropriate, with State and local government officials possessing the necessary security clearances, including law enforcement officials and first responders, for the purpose of carrying out this section.
Grants for vulnerability assessments, security enhancements, and worker training programs
The Administrator may make grants to a State, municipality, or intermunicipal or interstate agency—
to conduct a vulnerability assessment of a publicly owned treatment works;
to implement security enhancements listed in paragraph (2) to reduce vulnerabilities identified in an approved vulnerability assessment;
to implement additional security enhancements to reduce vulnerabilities identified in an approved vulnerability assessment; and
to provide for security-related training of employees of the treatment works and training for first responders and emergency response providers.
Grants for security enhancements
Preapproved security enhancements
The Administrator may make a grant to an applicant under paragraph (1)(B) to implement a security enhancement of a treatment works (identified in an approved vulnerability assessment) for 1 or more of the following:
Purchase and installation of equipment for access control, intrusion prevention and delay, and detection of intruders and hazardous or dangerous substances, including—
barriers, fencing, and gates;
security lighting and cameras;
metal grates, wire mesh, and outfall entry barriers;
securing of manhole covers and fill and vent pipes;
installation and re-keying of doors and locks; and
smoke, chemical, and explosive mixture detection systems.
Security improvements to electronic, computer, or other automated systems and remote security systems, including controlling access to such systems, intrusion detection and prevention, and system backup.
Participation in training programs and the purchase of training manuals and guidance materials relating to security.
Security screening of employees or contractor support services.
Additional security enhancements
The Administrator may make grants under paragraph (1)(C) to an applicant for additional security enhancements not listed in subparagraph (A) that are identified in an approved vulnerability assessment.
To be eligible for a grant under this subparagraph, an applicant must have an approved vulnerability assessment and shall submit an application to the Administrator containing such information as the Administrator may request.
Limitation on use of funds
Grants under this paragraph may not be used for personnel costs or operation or maintenance of facilities, equipment, or systems.
The Federal share of the cost of activities funded by a grant under paragraph (1) may not exceed 75 percent.
Technical assistance for small publicly owned treatment works
Security assessment and planning assistance
The Administrator, in coordination with the States, may provide technical guidance and assistance to small publicly owned treatment works on conducting a vulnerability assessment and implementation of security enhancements to reduce vulnerabilities identified in an approved vulnerability assessment. Such assistance may include technical assistance programs, training, and preliminary engineering evaluations.
Participation by nonprofit organizations
The Administrator may make grants to nonprofit organizations to assist in accomplishing the purposes of this subsection.
Small publicly owned treatment works defined
In this subsection, the term
small publicly owned treatment works means a publicly owned
treatment works that services a population of fewer than 10,000 persons.
Authorization of Appropriations
There is authorized to be appropriated annually to the Administrator for fiscal years 2010 through 2014—
$200,000,000 for making grants under subsection (b); and
$15,000,000 for providing technical assistance under subsection (c).