U.S. Congress - Text of S.711 as Introduced in Senate Secure Water Facilities Act
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A bill to amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to reduce or eliminate the risk of releases of hazardous chemicals from public water systems and wastewater treatment works, and for other purposes.
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S 711 ISCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 711CommentsClose CommentsPermalink
To amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to reduce or eliminate the risk of releases of hazardous chemicals from public water systems and wastewater treatment works, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
March 31, 2011CommentsClose CommentsPermalink
March 31, 2011CommentsClose CommentsPermalink
Mr. LAUTENBERG introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to reduce or eliminate the risk of releases of hazardous chemicals from public water systems and wastewater treatment works, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Secure Water Facilities Act’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--DRINKING WATER SYSTEM SECURITY
Sec. 101. Short title.CommentsClose CommentsPermalink
Sec. 102. Intentional acts affecting security of covered water systems.CommentsClose CommentsPermalink
Sec. 103. Study to assess threat of contamination of drinking water distribution systems.CommentsClose CommentsPermalink
TITLE II--WASTEWATER TREATMENT WORKS SECURITY
Sec. 201. Short title.CommentsClose CommentsPermalink
Sec. 202. Wastewater treatment works security.CommentsClose CommentsPermalink
Sec. 203. Study to assess threat of contamination of wastewater treatment works.CommentsClose CommentsPermalink
TITLE I--DRINKING WATER SYSTEM SECURITYCommentsClose CommentsPermalink
TITLE I--DRINKING WATER SYSTEM SECURITYCommentsClose CommentsPermalink
SEC. 101. SHORT TITLE.
This title may be cited as the ‘Secure Drinking Water Facilities Act’.CommentsClose CommentsPermalink
SEC. 102. INTENTIONAL ACTS AFFECTING SECURITY OF COVERED WATER SYSTEMS.
(a) Amendment-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 1433 of the Safe Drinking Water Act (
‘SEC. 1433. INTENTIONAL ACTS AFFECTING SECURITY OF COVERED WATER SYSTEMS.
‘(a) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) COVERED WATER SYSTEM- The term ‘covered water system’ means a public water system that--CommentsClose CommentsPermalink
‘(A) is a community water system serving a population of more than 3,300 individuals; orCommentsClose CommentsPermalink
‘(B) as determined by the Administrator, presents a security risk that requires regulation under this section.CommentsClose CommentsPermalink
‘(2) SECRETARY- The term ‘Secretary’ means the Secretary of Homeland Security.CommentsClose CommentsPermalink
‘(b) Regulations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 2 years after the date of enactment of the Secure Water Facilities Act, the Administrator shall promulgate final regulations to establish--CommentsClose CommentsPermalink
‘(A) risk-based performance standards for the security of covered water systems in accordance with subsection (c); andCommentsClose CommentsPermalink
‘(B) requirements and deadlines for each covered water system--CommentsClose CommentsPermalink
‘(i)(I) to conduct a vulnerability assessment in accordance with subsection (d) and submit the vulnerability assessment to the Administrator; orCommentsClose CommentsPermalink
‘(II) if a vulnerability assessment has already been conducted relating to the covered water system--CommentsClose CommentsPermalink
‘(aa) to revise the assessment in accordance with subsection (d); andCommentsClose CommentsPermalink
‘(bb) to submit the revised assessment to the Administrator;CommentsClose CommentsPermalink
‘(ii) to update and resubmit a vulnerability assessment relating to the covered water system--CommentsClose CommentsPermalink
‘(I) not less frequently than once every 5 years; andCommentsClose CommentsPermalink
‘(II) promptly after any change at the covered water system that could cause the reassignment of the covered water system to a different risk-based tier under subsection (h);CommentsClose CommentsPermalink
‘(iii) to develop, implement, revise (as appropriate), and submit to the Administrator a site security plan in accordance with subsection (e)--CommentsClose CommentsPermalink
‘(I) not less frequently than once every 5 years; andCommentsClose CommentsPermalink
‘(II) promptly after any revision to the vulnerability assessment of the covered water system under clause (ii);CommentsClose CommentsPermalink
‘(iv)(I)(aa) to develop an emergency response plan in accordance with subsection (f); orCommentsClose CommentsPermalink
‘(bb) if an emergency response plan has already been developed for the covered water system, to revise the plan in accordance with subsection (f); andCommentsClose CommentsPermalink
‘(II) to revise the plan not less frequently than once every 5 years; andCommentsClose CommentsPermalink
‘(v) to provide annual training to employees and contractors of covered water systems regarding the implementation of site security plans and emergency response plans in accordance with subsection (g).CommentsClose CommentsPermalink
‘(2) CONSULTATION- In promulgating regulations pursuant to paragraph (1), the Administrator shall consult with--CommentsClose CommentsPermalink
‘(A) States that exercise primary enforcement responsibility for public water systems; andCommentsClose CommentsPermalink
‘(B) the Secretary and other appropriate individuals and entities regarding--CommentsClose CommentsPermalink
‘(i) a process for the development and evaluation of vulnerability assessments, site security plans, and emergency response plans;CommentsClose CommentsPermalink
‘(ii) the development of risk-based performance standards under subsection (c);CommentsClose CommentsPermalink
‘(iii) the establishment of risk-based tiers and a process for the assignment of covered water systems to the risk-based tiers under subsection (h);CommentsClose CommentsPermalink
‘(iv) the designation of substances of concern under subsection (i);CommentsClose CommentsPermalink
‘(v) the provision of threat-related and other baseline information to covered water systems under subsection (j);CommentsClose CommentsPermalink
‘(vi) the treatment of protected information in accordance with subsection (o); andCommentsClose CommentsPermalink
‘(vii) such other matters as the Administrator determines to be necessary.CommentsClose CommentsPermalink
‘(c) Risk-Based Performance Standards-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The risk-based performance standards for site security plans under this subsection shall be--CommentsClose CommentsPermalink
‘(A) delineated by risk-based tier under subsection (h); andCommentsClose CommentsPermalink
‘(B) increasingly stringent, based on the level of risk associated with each risk-based tier.CommentsClose CommentsPermalink
‘(2) FACTOR FOR CONSIDERATION- In developing standards under this subsection, the Administrator shall take into consideration section 27.230 of title 6, Code of Federal Regulations (or successor regulations).CommentsClose CommentsPermalink
‘(d) Vulnerability Assessments-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A vulnerability assessment under this subsection shall include an evaluation by each covered water system of the vulnerability of the covered water system to a range of intentional acts, including any intentional act that results in a release of a substance of concern that is known, or may be reasonably anticipated, to cause death, injury, or serious adverse effects to human health or the environment.CommentsClose CommentsPermalink
‘(2) MINIMUM REQUIREMENTS- At a minimum, a vulnerability assessment under this subsection shall include a review of, with respect to the relevant covered water system--CommentsClose CommentsPermalink
‘(A) pipes and constructed conveyances;CommentsClose CommentsPermalink
‘(B) physical barriers;CommentsClose CommentsPermalink
‘(C) water collection, pretreatment, treatment, storage, and distribution facilities, including fire hydrants;CommentsClose CommentsPermalink
‘(D) electronic, computer, and other automated systems that are used by the covered water system;CommentsClose CommentsPermalink
‘(E) the use, storage, or handling of various chemicals, including substances of concern;CommentsClose CommentsPermalink
‘(F) the operation and maintenance of the covered water system; andCommentsClose CommentsPermalink
‘(G) the resiliency and ability of the covered water system to ensure continuity of operations in the event of a disruption caused by an intentional act.CommentsClose CommentsPermalink
‘(e) Site Security Plans- In developing and implementing a site security plan under this section, a covered water system may select layered security and preparedness measures that, in combination, appropriately--CommentsClose CommentsPermalink
‘(1) address the security risks identified in the vulnerability assessment of the covered water system; andCommentsClose CommentsPermalink
‘(2) comply with the applicable risk-based performance standards required under this section.CommentsClose CommentsPermalink
‘(f) Emergency Response Plans-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Each covered water system shall prepare or revise, as appropriate, an emergency response plan that incorporates the results of the most recent vulnerability assessment and site security plan of the covered water system.CommentsClose CommentsPermalink
‘(2) CONTENTS- An emergency response plan under this subsection shall include--CommentsClose CommentsPermalink
‘(A) a description of the plans and procedures, and an identification of the equipment, that can be implemented or used in the event of an intentional act at the covered water system; andCommentsClose CommentsPermalink
‘(B) a description of the actions and procedures, and an identification of the equipment, that can obviate or significantly lessen the impact on public health and the safety and supply of drinking water provided to communities and individuals of an intentional act at the covered water system.CommentsClose CommentsPermalink
‘(3) COORDINATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- As part of the emergency response plan of a covered water system, each covered water system shall provide to the individuals and entities described in subparagraph (B) appropriate information to ensure an effective collective response to an intentional act at the covered water system.CommentsClose CommentsPermalink
‘(B) DESCRIPTION OF INDIVIDUALS AND ENTITIES- An individual or entity referred to in subparagraph (A) is--CommentsClose CommentsPermalink
‘(i) a local emergency planning committee;CommentsClose CommentsPermalink
‘(ii) a State emergency response commission;CommentsClose CommentsPermalink
‘(iii) a local law enforcement official; orCommentsClose CommentsPermalink
‘(iv) a local emergency response provider.CommentsClose CommentsPermalink
‘(4) CERTIFICATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 180 days after the date on which a vulnerability assessment is completed or revised, as appropriate, for a covered water system under subsection (d), the covered water system shall submit to the Administrator a certification that the covered water system has completed an emergency response plan in accordance with this subsection.CommentsClose CommentsPermalink
‘(B) UPDATES- As soon as practicable after any update of an emergency response plan of a covered water system under this section, a covered water system shall submit to the Administrator an updated certification under subparagraph (A).CommentsClose CommentsPermalink
‘(g) Role of Employees-CommentsClose CommentsPermalink
‘(1) DESCRIPTION OF ROLE- Each site security plan and emergency response plan required under this section shall describe the appropriate roles and responsibilities that employees and contractors of the covered water system are expected to perform to deter or respond to an intentional act described in subsection (h)(2)(C).CommentsClose CommentsPermalink
‘(2) TRAINING FOR EMPLOYEES- Not less frequently than once each year, each covered water system shall provide to employees and contractors of the covered water system with roles or responsibilities described in paragraph (1) not less than 8 hours of training regarding the conduct of those roles and responsibilities.CommentsClose CommentsPermalink
‘(3) EMPLOYEE PARTICIPATION- In developing, revising, or updating a vulnerability assessment, site security plan, or emergency response plan required under this section, a covered water system shall include--CommentsClose CommentsPermalink
‘(A) at least 1 supervisory and at least 1 nonsupervisory employee of the covered water system; andCommentsClose CommentsPermalink
‘(B) at least 1 representative of each certified or recognized bargaining agent representing employees or contractors of the covered water system with roles or responsibilities described in paragraph (1), if any, in a collective bargaining relationship with the private or public owner or operator of the covered water system or a contractor to the covered water system.CommentsClose CommentsPermalink
‘(h) Risk-Based Tiers-CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT- The Administrator shall establish, by regulation, 4 risk-based tiers for the categorization of covered water systems under this section, with tier 1 representing the highest degree of security risk.CommentsClose CommentsPermalink
‘(2) ASSIGNMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Administrator shall assign (and reassign, as appropriate) each covered water system to 1 of the risk-based tiers established under paragraph (1).CommentsClose CommentsPermalink
‘(B) SUBMISSION OF INFORMATION- The Administrator may require a covered water system to submit to the Administrator such information as the Administrator determines to be necessary to determine the appropriate risk-based tier for the covered water system.CommentsClose CommentsPermalink
‘(C) FACTORS FOR CONSIDERATION- In assigning a covered water system to a risk-based tier under this paragraph, the Administrator shall take into consideration--CommentsClose CommentsPermalink
‘(i) the potential consequences (such as death, injury, or serious adverse effects to human health, the environment, critical infrastructure, national security, and the national economy) of an intentional act at the covered water system--CommentsClose CommentsPermalink
‘(I) to cause a release, including a worst-case release, of a substance of concern;CommentsClose CommentsPermalink
‘(II)(aa) to introduce a contaminant into the drinking water supply; orCommentsClose CommentsPermalink
‘(bb) to disrupt the safe and reliable supply of drinking water; andCommentsClose CommentsPermalink
‘(III) to steal, misappropriate, or misuse a substance of concern;CommentsClose CommentsPermalink
‘(ii) the size of the population served; andCommentsClose CommentsPermalink
‘(iii) the proximity of the water system to large population centers.CommentsClose CommentsPermalink
‘(3) EXPLANATION FOR RISK-BASED TIER ASSIGNMENT- The Administrator shall provide to each covered water system assigned to a risk-based tier under this subsection a written explanation of--CommentsClose CommentsPermalink
‘(A) the reasons for the assignment to that risk-based tier; andCommentsClose CommentsPermalink
‘(B) the determination by the Administrator regarding whether the covered water system is required to submit an assessment under subsection (k)(2).CommentsClose CommentsPermalink
‘(i) Substances of Concern- For purposes of this section, the Administrator, in consultation with the Secretary--CommentsClose CommentsPermalink
‘(1) may designate any chemical substance as a substance of concern, taking into consideration appendix A of part 27 of title 6, Code of Federal Regulations (or successor regulations); andCommentsClose CommentsPermalink
‘(2) on the designation of a chemical substance as a substance of concern under paragraph (1), shall establish, by regulation, a threshold quantity for the release or theft of the chemical substance, taking into consideration--CommentsClose CommentsPermalink
‘(A) the toxicity, reactivity, volatility, dispersability, combustibility, and flammability of the chemical substance; andCommentsClose CommentsPermalink
‘(B) the quantity of the chemical substance that, as a result of a release, is known, or may be reasonably anticipated, to cause death, injury, or serious adverse effects to human health or the environment.CommentsClose CommentsPermalink
‘(j) Baseline Information- To facilitate compliance with the requirements of this section, as soon as practicable after the effective date of the regulations promulgated pursuant to subsection (b), and thereafter as appropriate, the Administrator, after consultation with appropriate Federal departments and agencies and State, local, and tribal governments, shall provide baseline information to covered water systems regarding the types of intentional acts that constitute probable threats with respect to--CommentsClose CommentsPermalink
‘(1) the substantial disruption of the ability of the covered water system to provide a safe and reliable supply of drinking water;CommentsClose CommentsPermalink
‘(2) the release of a substance of concern at the covered water system; orCommentsClose CommentsPermalink
‘(3) the theft, misuse, or misappropriation of a substance of concern at the covered water system.CommentsClose CommentsPermalink
‘(k) Methods To Reduce Consequences of Chemical Releases From Intentional Acts-CommentsClose CommentsPermalink
‘(1) DEFINITION OF METHOD TO REDUCE THE CONSEQUENCES OF A CHEMICAL RELEASE FROM AN INTENTIONAL ACT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In this subsection, the term ‘method to reduce the consequences of a chemical release from an intentional act’ means a measure at a covered water system that reduces or eliminates the potential consequences of a release of a substance of concern from an intentional act.CommentsClose CommentsPermalink
‘(B) INCLUSIONS- The term ‘method to reduce the consequences of a chemical release from an intentional act’ includes--CommentsClose CommentsPermalink
‘(i) the elimination or reduction in quantity of a substance of concern possessed or planned to be possessed by a covered water system through the use of alternate substances, formulations, or processes;CommentsClose CommentsPermalink
‘(ii) the modification of the pressure, temperature, or concentration of a substance of concern; andCommentsClose CommentsPermalink
‘(iii) the reduction or elimination of onsite handling of a substance of concern through improvement of inventory control or chemical use efficiency.CommentsClose CommentsPermalink
‘(2) ASSESSMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Each covered water system that possesses or plans to possess a substance of concern in excess of the release threshold quantity established by the Administrator under subsection (i)(1)(B) shall--CommentsClose CommentsPermalink
‘(i) include in the site security plan of the covered water system an assessment of methods to reduce the consequences of a chemical release from an intentional act at the covered water system; andCommentsClose CommentsPermalink
‘(ii) submit the assessment under clause (i) to--CommentsClose CommentsPermalink
‘(I) the Administrator; andCommentsClose CommentsPermalink
‘(II) the State exercising primary enforcement responsibility for the covered water system, if any.CommentsClose CommentsPermalink
‘(B) FACTORS FOR CONSIDERATION- In preparing an assessment under this paragraph, a covered water system shall take into consideration factors appropriate to the security, public health, and environmental mission of the covered water system.CommentsClose CommentsPermalink
‘(C) INCLUSIONS- Each assessment under this paragraph shall include a description of--CommentsClose CommentsPermalink
‘(i) the methods to reduce the consequences of a chemical release from an intentional act at the covered water system;CommentsClose CommentsPermalink
‘(ii) the means by which each method to reduce the consequences of a chemical release from an intentional act at the covered water system could, if applied--CommentsClose CommentsPermalink
‘(I) reduce the potential extent of death, injury, or serious adverse effects to human health resulting from the chemical release; andCommentsClose CommentsPermalink
‘(II) affect the presence of contaminants in treated water, human health, or the environment;CommentsClose CommentsPermalink
‘(iii) whether each described method to reduce the consequences of a chemical release from an intentional act at the covered water system is feasible (as defined in section 1412(b)(4)(D)), not including consideration of the costs calculated under clause (iv);CommentsClose CommentsPermalink
‘(iv) the costs (including capital and operational costs) and avoided costs (including savings and liabilities) associated with applying each method to reduce the consequences of a chemical release from an intentional act at the covered water system;CommentsClose CommentsPermalink
‘(v) any other relevant information relied on by the covered water system in conducting the assessment;CommentsClose CommentsPermalink
‘(vi) whether the covered water system has implemented or plans to implement 1 or more methods to reduce the consequences of a chemical release from an intentional act, a description of any such method; andCommentsClose CommentsPermalink
‘(vii) in the case of a covered water system described in paragraph (3)(A), an explanation of the reasons for any decision not to implement a method to reduce the consequences of a chemical release from an intentional act at the covered water system.CommentsClose CommentsPermalink
‘(3) REQUIRED METHODS-CommentsClose CommentsPermalink
‘(A) APPLICABILITY- This paragraph applies to a covered water system that--CommentsClose CommentsPermalink
‘(i) is assigned to 1 of the 2 highest risk-based tiers under subsection (h); andCommentsClose CommentsPermalink
‘(ii) possesses or plans to possess a substance of concern in excess of the release threshold quantity established by the Administrator under subsection (i)(1)(B).CommentsClose CommentsPermalink
‘(B) HIGHEST-RISK SYSTEMS- If, on the basis of an assessment under paragraph (2), a covered water system described in subparagraph (A) decides not to implement a method to reduce the consequences of a chemical release from an intentional act at the covered water system--CommentsClose CommentsPermalink
‘(i) the State exercising primary enforcement responsibility for the covered water system (if the covered water system is located in such a State) shall, in accordance with a timeline established by the Administrator--CommentsClose CommentsPermalink
‘(I) determine whether to require the covered water system to implement the method to reduce the consequences of a chemical release from an intentional act; andCommentsClose CommentsPermalink
‘(II) notify the Administrator of the determination; orCommentsClose CommentsPermalink
‘(ii) the Administrator (if the covered water system is not located in a State that exercises primary enforcement responsibility for the covered water system) shall determine whether to require the covered water system to implement the method to reduce the consequences of a chemical release from an intentional act.CommentsClose CommentsPermalink
‘(C) FACTORS FOR CONSIDERATION- Before making a determination to require implementation of a method to reduce consequences of a chemical release from an intentional act under clause (i)(I) or (ii) of subparagraph (B), the State or the Administrator, as applicable, shall take into consideration factors appropriate to the security, public health, and environmental missions of covered water systems, including an examination of whether the applicable method to reduce the consequences of a chemical release from an intentional act--CommentsClose CommentsPermalink
‘(i) would significantly reduce the risk of death, injury, or serious adverse effects to human health resulting directly from a chemical release from an intentional act at the covered water system;CommentsClose CommentsPermalink
‘(ii) would not increase the interim storage of a substance of concern by the covered water system;CommentsClose CommentsPermalink
‘(iii) would not render the covered water system unable to comply with--CommentsClose CommentsPermalink
‘(I) other requirements of this Act; orCommentsClose CommentsPermalink
‘(II) drinking water standards established by the State or political subdivision in which the covered water system is located; andCommentsClose CommentsPermalink
‘(iv) is feasible (as defined in section 1412(b)(4)(D)) to be incorporated into the operation of the covered water system.CommentsClose CommentsPermalink
‘(D) APPEALS- If a determination is made to require a covered water system to implement a method to reduce the consequences of a chemical release from an intentional act under clause (i)(I) or (ii) of subparagraph (B), the State or the Administrator, as applicable, shall provide to the affected covered water system an opportunity to appeal the determination, including the opportunity for a determination of consequences of an intentional act occurring outside the covered water system pursuant to subparagraph (E).CommentsClose CommentsPermalink
‘(E) CONSEQUENCES OF AN INTENTIONAL ACT OCCURRING OUTSIDE A COVERED WATER SYSTEM-CommentsClose CommentsPermalink
‘(i) IN GENERAL- A covered water system may request, as part of an appeal under subparagraph (D), a determination of whether the implementation of a method to reduce the consequences of a chemical release from an intentional act would result in a significant increase in the existing potential consequences of an intentional act occurring outside the covered water system that is directly related to the method to reduce consequences of an intentional act at the covered water system that is the subject of the appeal.CommentsClose CommentsPermalink
‘(ii) DUTIES UPON RECEIPT OF REQUEST- Upon receiving a request under clause (i)--CommentsClose CommentsPermalink
‘(I) the State exercising primary enforcement responsibility for the covered water system (if the covered water system is located in such a State) shall notify the Administrator, and the Administrator shall consult with the Secretary, as necessary, to quantify whether there will be a significant increase in the existing potential consequences of an intentional act occurring outside the covered water system (that is directly related to the method to reduce consequences of an intentional act at the covered water system that is the subject of the appeal) as compared to the consequences of a chemical release at the covered water system that would be reduced by the implementation of the method; orCommentsClose CommentsPermalink
‘(II) the Administrator (if the covered water system is not located in a State exercising primary enforcement responsibility for the covered water system) shall consult with the Secretary, as necessary, to quantify whether there will be a significant increase in the existing potential consequences of an intentional act occurring outside the covered water system (that is directly related to the method to reduce consequences of an intentional act at the covered water system that is the subject of the appeal) as compared to the consequences of a chemical release at the covered water system that would be reduced by the implementation of the method.CommentsClose CommentsPermalink
‘(iii) SIGNIFICANTLY INCREASED CONSEQUENCES OUTSIDE COVERED WATER SYSTEM- If a determination is made pursuant to subclause (I) or (II) of clause (ii) that implementation of a method to reduce consequences of a chemical release from an intentional act pursuant to clause (i)(I) or (ii) of subparagraph (B) would result in a significant increase in the existing potential consequences of an intentional act occurring outside the covered water system as compared to the reduced consequences of a chemical release at the covered water system, the State exercising primary enforcement responsibility for the covered water system (if the covered water system is located in such a State), or the Administrator (if the covered water system is not located in a State exercising primary enforcement responsibility for the covered water system), shall take into consideration the determination made under this paragraph when making a final determination under clause (i)(I) or (ii) of subparagraph (B).CommentsClose CommentsPermalink
‘(4) INCOMPLETE AND LATE ASSESSMENTS-CommentsClose CommentsPermalink
‘(A) INCOMPLETE ASSESSMENTS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- If the Administrator determines that a covered water system failed to meet the requirements of this subsection in conducting an assessment, the Administrator, after notifying the covered water system and the State exercising primary enforcement responsibility for the covered water system, if any, shall require the covered water system to submit a revised assessment in accordance with this subsection by not later than 60 days after the date of receipt of notification.CommentsClose CommentsPermalink
‘(ii) REVIEW- The State exercising primary enforcement responsibility for a covered water system subject to clause (i) (if the covered water system is located in such a State) or the Administrator (if the covered water system is not located in such a State) shall review a revised assessment submitted under clause (i) to determine whether to require the covered water system to implement any method to reduce the consequences of an intentional act pursuant to paragraph (3).CommentsClose CommentsPermalink
‘(B) LATE ASSESSMENTS- If the Administrator determines that a covered water system failed to complete an assessment under this subsection in accordance with the deadline established for completion by the Administrator, the Administrator, after notifying the covered water system and the State exercising primary enforcement responsibility for the covered water system, if any, may take appropriate enforcement action under subsection (q).CommentsClose CommentsPermalink
‘(5) FAILURES BY STATE TO ACT-CommentsClose CommentsPermalink
‘(A) DETERMINATIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- If the Administrator determines that a State exercising primary enforcement responsibility for a covered water system has failed to determine whether to require the covered water system to implement a method to reduce the consequences of a chemical release from an intentional act, as required by paragraph (3)(B)(i)(I), the Administrator shall notify the State and the applicable covered water system of the determination.CommentsClose CommentsPermalink
‘(ii) ACTION BY ADMINISTRATOR- If a State has failed to make a determination required by paragraph (3)(B)(i)(I) by the date that is 30 days after the date of receipt of the notice of the Administrator under clause (i), the Administrator shall--CommentsClose CommentsPermalink
‘(I) notify the State and the applicable covered water system of the failure by the State to make the determination; andCommentsClose CommentsPermalink
‘(II) determine whether to require the covered water system to implement the applicable method to reduce the consequences of a chemical release from an intentional act, based on the factors described in paragraph (3)(C).CommentsClose CommentsPermalink
‘(B) ENFORCEMENT ACTIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- If the Administrator determines that a covered water system, with respect to a period in which a State has primary enforcement responsibility for the system, has failed to implement a method to reduce the consequences of a chemical release from an intentional act that is required by the State or the Administrator under paragraph (3)(B), or by the Administrator under subparagraph (A), the Administrator shall notify the State and the covered water system of the determination.CommentsClose CommentsPermalink
‘(ii) ENFORCEMENT ACTIONS- If the Administrator determines that a State has failed to commence an appropriate enforcement action by the date that is 30 days after the date of notification by the Administrator under clause (i), the Administrator shall--CommentsClose CommentsPermalink
‘(I) notify the State and the applicable covered water system of the determination; andCommentsClose CommentsPermalink
‘(II) determine whether to commence an appropriate enforcement action against the covered water system in accordance with subsection (q) to require the implementation of the relevant method to reduce the consequences of a chemical release from an intentional act at the covered water system.CommentsClose CommentsPermalink
‘(C) CONSIDERATION OF CONTINUED PRIMARY ENFORCEMENT RESPONSIBILITY- The Administrator may take into consideration the failure of a State with primary enforcement responsibility for a covered water system to make a determination as described in subparagraph (A), or to bring an enforcement action as described in subparagraph (B), in determining whether the State may retain primary enforcement responsibility for the covered water system under this Act.CommentsClose CommentsPermalink
‘(6) GUIDANCE FOR COVERED WATER SYSTEMS-CommentsClose CommentsPermalink
‘(A) GUIDANCE- Not later than 180 days after the date of enactment of the Secure Water Facilities Act, the Administrator shall develop, and update thereafter as appropriate, nonbinding guidance, including guidance regarding Federal procurement, to assist covered water systems in assessing and implementing methods to reduce consequences of a chemical release from an intentional act by reducing or eliminating reliance on the use of threshold quantities of substances of concern at the covered water systems, as established under subsection (i)(1)(B).CommentsClose CommentsPermalink
‘(B) RECOMMENDATIONS- The Administrator shall, as appropriate, provide or recommend tools, methodologies, or computer software to assist covered water systems assigned to tier 3 or tier 4 under subsection (h) and required to conduct an assessment under paragraph (2) to achieve compliance with the requirements of this section.CommentsClose CommentsPermalink
‘(l) Review by Administrator-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Each covered water system shall submit to the Administrator the vulnerability assessment and site security plan of the covered water system, in accordance with such deadline as the Administrator may establish.CommentsClose CommentsPermalink
‘(2) REVIEW- The Administrator shall--CommentsClose CommentsPermalink
‘(A) review each vulnerability assessment and site security plan submitted under this subsection; andCommentsClose CommentsPermalink
‘(B)(i) if the assessment or plan has any significant deficiency described in paragraph (3), require the covered water system to correct the deficiency; orCommentsClose CommentsPermalink
‘(ii) approve the assessment or plan.CommentsClose CommentsPermalink
‘(3) SIGNIFICANT DEFICIENCIES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Subject to subparagraph (B), a vulnerability assessment or site security plan of a covered water system has a significant deficiency under this paragraph if the Administrator, in consultation with the State exercising primary enforcement responsibility for the covered water system, if any, determines that--CommentsClose CommentsPermalink
‘(i) the vulnerability assessment does not comply with the regulations promulgated pursuant to subsection (b); orCommentsClose CommentsPermalink
‘(ii) the site security plan fails--CommentsClose CommentsPermalink
‘(I) to meet applicable risk-based performance standards under subsection (c); orCommentsClose CommentsPermalink
‘(II) to address a vulnerability identified in the vulnerability assessment under subsection (d).CommentsClose CommentsPermalink
‘(B) EXCLUSION- A deficiency in the content or implementation of the portion of the site security plan of a covered water system relating to methods to reduce the consequences of a chemical release from an intentional act shall not be considered to be a significant deficiency under this paragraph.CommentsClose CommentsPermalink
‘(4) IDENTIFICATION OF DEFICIENCIES- If the Administrator identifies a significant deficiency in the vulnerability assessment or site security plan of a covered water system under paragraph (3), the Administrator shall provide to the covered water system a written notification of the deficiency that--CommentsClose CommentsPermalink
‘(A) includes a clear explanation of the deficiency;CommentsClose CommentsPermalink
‘(B) provides guidance to assist the covered water system in addressing the deficiency; andCommentsClose CommentsPermalink
‘(C) requires the covered water system--CommentsClose CommentsPermalink
‘(i) to correct the deficiency; andCommentsClose CommentsPermalink
‘(ii) by such date as the Administrator determines to be appropriate, to submit to the Administrator a revised vulnerability assessment or site security plan.CommentsClose CommentsPermalink
‘(5) STATE, REGIONAL, AND LOCAL GOVERNMENTAL ENTITIES- No covered water system shall be required under State, local, or tribal law to provide a vulnerability assessment or site security plan under this section to any State, regional, local, or tribal governmental entity solely due to the requirement of paragraph (1) to submit such an assessment or plan to the Administrator.CommentsClose CommentsPermalink
‘(m) Maintenance of Records- Each covered water system shall maintain an updated copy of the vulnerability assessment, site security plan, and emergency response plan of the covered water system.CommentsClose CommentsPermalink
‘(n) Audits; Inspections-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Notwithstanding section 1445(b)(2), the Administrator (or a designee) shall audit and inspect covered water systems as necessary to determine compliance with this section.CommentsClose CommentsPermalink
‘(2) ACCESS- In conducting an audit or inspection of a covered water system under this subsection, the Administrator shall have access to the owners, operators, employees, contractors, and employee representatives, if any, of the covered water system.CommentsClose CommentsPermalink
‘(3) CONFIDENTIAL COMMUNICATION OF INFORMATION; AIDING INSPECTIONS-CommentsClose CommentsPermalink
‘(A) CONFIDENTIAL COMMUNICATION OF INFORMATION- The Administrator shall offer nonsupervisory employees of a covered water system the opportunity to confidentially communicate to the Administrator information relevant to the compliance or noncompliance by the covered water system with the requirements of this section (including regulations promulgated pursuant to this section).CommentsClose CommentsPermalink
‘(B) AIDING INSPECTIONS- A representative of each certified or recognized bargaining agent described in subsection (g)(3)(B), or a nonsupervisory employee if no such representative exists, shall be given an opportunity to accompany the Administrator during any physical inspection of a covered water system under this subsection to assist in the inspection, if a representative of the covered water system will also be accompanying the Administrator during the inspection.CommentsClose CommentsPermalink
‘(o) Protection of Information-CommentsClose CommentsPermalink
‘(1) DEFINITION OF PROTECTED INFORMATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In this section, the term ‘protected information’ means--CommentsClose CommentsPermalink
‘(i) a vulnerability assessment or site security plan under this section (including any assessment developed under subsection (k)(2));CommentsClose CommentsPermalink
‘(ii) any document directly relating to a review by the Administrator of an assessment or plan described in clause (i), and, where applicable, review by a State of an assessment developed under subsection (k)(2);CommentsClose CommentsPermalink
‘(iii) any document directly relating to an inspection or audit under subsection (n);CommentsClose CommentsPermalink
‘(iv) any order, notice, or letter regarding the compliance of a covered water system with the requirements of this section;CommentsClose CommentsPermalink
‘(v) any information, document, or record required to be provided to, or created by, the Administrator under subsection (h);CommentsClose CommentsPermalink
‘(vi) any document directly related to--CommentsClose CommentsPermalink
‘(I) a security drill or training exercise;CommentsClose CommentsPermalink
‘(II) a security threat or breach; orCommentsClose CommentsPermalink
‘(III) maintenance, calibration, or testing of security equipment; andCommentsClose CommentsPermalink
‘(vii) any other information, document, or record developed exclusively for purposes of this section, the disclosure of which, as determined by the Administrator, by regulation, would be detrimental to the security of 1 or more covered water systems.CommentsClose CommentsPermalink
‘(B) DETRIMENT REQUIREMENT- For purposes of clauses (ii) through (vi) of subparagraph (A), the only portion of any document, record, order, notice, or letter that shall be considered to be protected information is any portion--CommentsClose CommentsPermalink
‘(i) the disclosure of which, as determined by the Administrator, by regulation, would be detrimental to the security of 1 or more covered water systems; andCommentsClose CommentsPermalink
‘(ii) that is developed by the Administrator, a State, or a covered water system for purposes of this section.CommentsClose CommentsPermalink
‘(C) EXCLUSIONS- The term ‘protected information’ does not include--CommentsClose CommentsPermalink
‘(i) any information, other than a vulnerability assessment or site security plan, that the Administrator has determined, by regulation--CommentsClose CommentsPermalink
‘(I) to be appropriate to demonstrate compliance by a covered water system with the requirements of this section; andCommentsClose CommentsPermalink
‘(II) would not be detrimental to the security of any covered water system if disclosed; orCommentsClose CommentsPermalink
‘(ii) any information that is obtained from another source with respect to which the Administrator has not made a determination under subparagraph (A)(vii) or (B), regardless of whether the information is included in an assessment or plan under this section, including--CommentsClose CommentsPermalink
‘(I) information that is required to be made publicly available under any other provision of law; andCommentsClose CommentsPermalink
‘(II) information that a covered water system has lawfully disclosed other than through a submission to the Administrator under this section.CommentsClose CommentsPermalink
‘(2) PROHIBITION- Protected information--CommentsClose CommentsPermalink
‘(A) shall be exempt from disclosure under
section 552 of title 5, United States Code ; andCommentsClose CommentsPermalink‘(B) shall not be made available pursuant to any State, local, or tribal law requiring disclosure of information or records.CommentsClose CommentsPermalink
‘(3) INFORMATION SHARING-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Administrator shall promulgate such regulations, and may issue such orders, as the Administrator determines to be necessary to prohibit the unauthorized disclosure of protected information.CommentsClose CommentsPermalink
‘(B) SHARING OF PROTECTED INFORMATION-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The regulations under subparagraph (A) shall establish standards for, and facilitate, the appropriate sharing of protected information among--CommentsClose CommentsPermalink
‘(I) Federal, State, local, and tribal authorities;CommentsClose CommentsPermalink
‘(II) first responders;CommentsClose CommentsPermalink
‘(III) law enforcement officials;CommentsClose CommentsPermalink
‘(IV) designated supervisory and nonsupervisory covered water system personnel with security, operational, or fiduciary responsibility for the covered water system; andCommentsClose CommentsPermalink
‘(V) designated employee representatives of covered water systems, if any.CommentsClose CommentsPermalink
‘(ii) INCLUSIONS- The standards established under clause (i) shall include procedures for the sharing of all portions of a vulnerability assessment or site security plan of a covered water system relating to the roles and responsibilities of employees or contractors of the covered water system under subsection (g) with--CommentsClose CommentsPermalink
‘(I) a representative of each certified or recognized bargaining agent representing those employees and contractors, if any; orCommentsClose CommentsPermalink
‘(II) if a representative described in subclause (I) does not exist, at least 1 supervisory and at least 1 nonsupervisory employee with roles and responsibilities described in subsection (g).CommentsClose CommentsPermalink
‘(C) PENALTIES-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Protected information shall not be shared, except in accordance with the standards established and orders issued pursuant to subparagraph (A).CommentsClose CommentsPermalink
‘(ii) KNOWING VIOLATION- Whoever discloses protected information in knowing violation of the regulations promulgated under paragraph (1) shall--CommentsClose CommentsPermalink
‘(I) be fined under title 18, United States Code, imprisoned for not more than 1 year, or both; andCommentsClose CommentsPermalink
‘(II) in the case of a Federal officeholder or employee, removed from Federal office or employment.CommentsClose CommentsPermalink
‘(4) TREATMENT OF INFORMATION IN ADJUDICATIVE PROCEEDINGS- In any judicial or administrative proceeding, protected information shall be treated in a manner consistent with the treatment of sensitive security information under section 525 of the Department of Homeland Security Appropriations Act, 2007 (
Public Law 109-295 ; 120 Stat. 1381).CommentsClose CommentsPermalink‘(5) OTHER OBLIGATIONS UNAFFECTED- Except as provided in subsection (l)(5), nothing in this section modifies or otherwise affects an obligation of a covered water system--CommentsClose CommentsPermalink
‘(A) to submit or make available information to employees of the covered water system, employee organizations, health professionals, emergency response organizations, or a Federal, State, tribal, or local government agency under any other provision of law; orCommentsClose CommentsPermalink
‘(B) to comply with any other provision of law.CommentsClose CommentsPermalink
‘(6) CONGRESSIONAL OVERSIGHT- Nothing in this section authorizes the withholding of information from Congress.CommentsClose CommentsPermalink
‘(7) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION- Nothing in this section modifies or otherwise affects any authority or obligation of a Federal, State, local, or tribal agency to protect or disclose any record or information that the Federal, State, local, or tribal agency obtains from a covered water system or the Administrator under any other provision of law.CommentsClose CommentsPermalink
‘(p) Preemption- Nothing in this section precludes or denies the right of any State or political subdivision of a State to adopt or enforce any regulation, requirement, or standard of performance with respect to a covered water system that is more stringent than a regulation, requirement, or standard of performance established under this section.CommentsClose CommentsPermalink
‘(q) Violations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A covered water system that violates any requirement of this section (including by failing to implement all or part of an applicable site security plan by such date as the Administrator may require) shall be liable for a civil penalty in an amount equal to not more than $25,000 for each day of the violation.CommentsClose CommentsPermalink
‘(2) PROCEDURE- On a determination by the Administrator that a covered water system is subject to a civil penalty under paragraph (1), the Administrator, after consultation with the State for a covered water system located in a State exercising primary responsibility for the covered water system, and after taking into consideration the severity of the violation or deficiency and the record of the covered water system in carrying out the requirements of this section, may--CommentsClose CommentsPermalink
‘(A) after providing notice and an opportunity for the covered water system to be heard, issue an order--CommentsClose CommentsPermalink
‘(i) assessing a penalty under paragraph (1) for any past or current violation; andCommentsClose CommentsPermalink
‘(ii) requiring compliance immediately or within a specified time period; orCommentsClose CommentsPermalink
‘(B) commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including temporary or permanent injunction.CommentsClose CommentsPermalink
‘(3) METHODS TO REDUCE CONSEQUENCES OF CHEMICAL RELEASES FROM INTENTIONAL ACTS- Except as provided in paragraphs (4) and (5) of subsection (k), if a covered water system is located in a State exercising primary enforcement responsibility for the covered water system, the Administrator may not issue an order or commence a civil action under this section for any deficiency in the content or implementation of the portion of the site security plan of the covered water system relating to methods to reduce the consequences of a chemical release from an intentional act (as defined in subsection (k)(1)).CommentsClose CommentsPermalink
‘(r) Reports to Congress-CommentsClose CommentsPermalink
‘(1) ANNUAL REPORT- Not later than 3 years after the effective date of the regulations promulgated pursuant to subsection (b), and annually thereafter for each of the following 8 calendar years, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the progress made during the reporting period in achieving compliance with this section, including, at a minimum--CommentsClose CommentsPermalink
‘(A) a generalized summary of measures implemented by covered water systems to meet each risk-based performance standard established under subsection (c); andCommentsClose CommentsPermalink
‘(B) a summary of the means by which--CommentsClose CommentsPermalink
‘(i) covered water systems, as categorized by risk-based tier assignment under subsection (h), are achieving compliance with the requirements of this section; andCommentsClose CommentsPermalink
‘(ii) the Administrator is implementing and enforcing those requirements, including a description of--CommentsClose CommentsPermalink
‘(I) the number of public water systems that provided information to the Administrator pursuant to subsection (h)(2)(B);CommentsClose CommentsPermalink
‘(II) the number of covered water systems assigned to each risk-based tier under subsection (h);CommentsClose CommentsPermalink
‘(III) the number of vulnerability assessments and site security plans--CommentsClose CommentsPermalink
‘(aa) submitted by covered water systems; andCommentsClose CommentsPermalink
‘(bb) approved and disapproved by the Administrator;CommentsClose CommentsPermalink
‘(IV) the number of covered water systems without approved vulnerability assessments or site security plans in place;CommentsClose CommentsPermalink
‘(V)(aa) the number of covered water systems that have been assigned to a different risk-based tier or are no longer regulated by the Administrator under this section due to implementation of a method to reduce the consequences of a chemical release from an intentional act; andCommentsClose CommentsPermalink
‘(bb) a description of the types of each such method to reduce the consequences of a chemical release from an intentional act;CommentsClose CommentsPermalink
‘(VI) the number of audits and inspections conducted by the Administrator (or a designee) under subsection (n);CommentsClose CommentsPermalink
‘(VII) the number of orders for compliance issued by the Administrator under subsection (q);CommentsClose CommentsPermalink
‘(VIII) the administrative penalties assessed by the Administrator for noncompliance with the requirements of this section;CommentsClose CommentsPermalink
‘(IX) the civil penalties assessed by courts for noncompliance with the requirements of this section; andCommentsClose CommentsPermalink
‘(X) any other regulatory data the Administrator determines to be appropriate to describe--CommentsClose CommentsPermalink
‘(aa) compliance by covered water systems with the requirements of this section; andCommentsClose CommentsPermalink
‘(bb) the implementation by the Administrator of those requirements.CommentsClose CommentsPermalink
‘(2) PUBLIC AVAILABILITY- Each report submitted under this section shall be made publicly available.CommentsClose CommentsPermalink
‘(s) Grant Programs-CommentsClose CommentsPermalink
‘(1) IMPLEMENTATION GRANTS TO STATES- The Administrator may provide grants to, or enter into cooperative agreements with, States, based on an allocation formula established by the Administrator, to assist the States in implementing this section.CommentsClose CommentsPermalink
‘(2) RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE GRANTS- The Administrator may provide grants to, or enter into cooperative agreements with, nonprofit organizations to provide research, training, and technical assistance to covered water systems to assist the covered water systems in achieving compliance with this section.CommentsClose CommentsPermalink
‘(3) PREPARATION GRANTS-CommentsClose CommentsPermalink
‘(A) GRANTS- The Administrator may provide grants to, or enter into cooperative agreements with, covered water systems to assist the covered water systems in--CommentsClose CommentsPermalink
‘(i) preparing and updating vulnerability assessments, site security plans, and emergency response plans;CommentsClose CommentsPermalink
‘(ii) assessing and implementing methods to reduce the consequences of a release of a substance of concern from an intentional act; andCommentsClose CommentsPermalink
‘(iii) implementing any other security reviews or enhancements that are necessary to achieve compliance with this section.CommentsClose CommentsPermalink
‘(B) PRIORITY-CommentsClose CommentsPermalink
‘(i) NEED- In providing grants and entering into cooperative agreements under subparagraph (A)(i), the Administrator shall give priority to covered water systems that, as determined by the Administrator, have the greatest need.CommentsClose CommentsPermalink
‘(ii) SECURITY RISK- In providing grants and entering into cooperative agreements under subparagraph (A)(ii), the Administrator shall give priority to covered water systems that, as determined by the Administrator, present the greatest security risk.CommentsClose CommentsPermalink
‘(4) WORKER TRAINING GRANTS-CommentsClose CommentsPermalink
‘(A) DEFINITION OF ELIGIBLE ENTITY- In this paragraph, the term ‘eligible entity’ means a nonprofit organization with demonstrated experience in implementing and operating successful worker or first responder health and safety or security training programs.CommentsClose CommentsPermalink
‘(B) GRANTS- The Administrator shall establish a program under which the Administrator shall provide grants to eligible entities to provide for training and education of--CommentsClose CommentsPermalink
‘(i) employees and contractors of covered water systems with roles or responsibilities described in subsection (g); andCommentsClose CommentsPermalink
‘(ii) first responders and emergency response providers who would respond to an intentional act at a covered water system.CommentsClose CommentsPermalink
‘(C) ADMINISTRATION- The Administrator shall offer to enter into an agreement with the National Institute of Environmental Health Sciences to administer the program under this paragraph.CommentsClose CommentsPermalink
‘(D) USE OF FUNDS- An eligible entity shall use a grant received under this paragraph for--CommentsClose CommentsPermalink
‘(i) training and education of employees and contractors with roles or responsibilities described in subsection (g), including the annual mandatory training specified in subsection (g)(2), with priority given to covered water systems assigned to tier 1 or tier 2 under subsection (h);CommentsClose CommentsPermalink
‘(ii) training of first responders in protecting nearby residents and property or the environment from the effects of a release of a substance of concern at a covered water system, with priority given to covered water systems assigned to tier 1 or tier 2 under subsection (h); andCommentsClose CommentsPermalink
‘(iii) appropriate training for first responders and emergency response providers who would respond to an intentional act at a covered water system.CommentsClose CommentsPermalink
‘(t) Timely Provision of Threat-Related Information- The Secretary shall, upon receipt of information concerning a specific threat that is relevant to a certain covered water system, provide the information in a timely manner, to the maximum extent practicable under applicable authority and in the interests of national security, to--CommentsClose CommentsPermalink
‘(1) the covered water system;CommentsClose CommentsPermalink
‘(2) the Administrator; andCommentsClose CommentsPermalink
‘(3) appropriate Federal, State, and local law enforcement officials.CommentsClose CommentsPermalink
‘(u) Authorization of Appropriations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- There is authorized to be appropriated to carry out this section $340,000,000 for each of fiscal years 2012 through 2016, of which--CommentsClose CommentsPermalink
‘(A) not more than $30,000,000 may be used during each fiscal year for administrative costs incurred by the Administrator or States, as applicable, in carrying out this section; andCommentsClose CommentsPermalink
‘(B) not more than $225,000,000 may be used during each fiscal year to implement methods to reduce the consequences of chemical releases from intentional acts at covered water systems, with priority given to covered water systems assigned to tier 1 or tier 2 under subsection (h).CommentsClose CommentsPermalink
‘(2) SECURITY ENHANCEMENTS- Amounts provided under this subsection for basic security enhancements shall not be used for--CommentsClose CommentsPermalink
‘(A) personnel costs; orCommentsClose CommentsPermalink
‘(B) monitoring, operation, or maintenance of facilities, equipment, or systems.CommentsClose CommentsPermalink
‘(v) Relation to Chemical Facility Security Requirements- No provision of any appropriations Act relating to chemical facility security, and no law or regulation establishing a chemical facility antiterrorism standard, shall apply to a covered water system under this section.’.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by paragraph (1) takes effect on the date of promulgation by the Administrator of the Environmental Protection Agency of final regulations pursuant to subsection (b)(1) of section 1433 of the Safe Drinking Water Act (
42 U.S.C. 300i-2 ) (as amended by paragraph (1)).CommentsClose CommentsPermalink(b) Effect of Section-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section or the amendment made by this section affects the applicability of section 1433 of the Safe Drinking Water Act (
42 U.S.C. 300i-2 ) (as in effect before the effective date of the amendment made by subsection (a)(1)) to any violation of that section that occurs before that effective date.CommentsClose CommentsPermalink(2) VIOLATIONS- The requirements of section 1433 of the Safe Drinking Water Act (
42 U.S.C. 300i-2 ) (as in effect before the effective date of the amendment made by subsection (a)(1)) shall remain in effect with respect to violations described in paragraph (1) until the later of--CommentsClose CommentsPermalink
(A) the date on which the violation is corrected; andCommentsClose CommentsPermalink
(B) the date on which enforcement proceedings relating to the violation are completed.CommentsClose CommentsPermalink
SEC. 103. STUDY TO ASSESS THREAT OF CONTAMINATION OF DRINKING WATER DISTRIBUTION SYSTEMS.
Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Homeland Security, shall--CommentsClose CommentsPermalink
(1) conduct a study to assess--CommentsClose CommentsPermalink
(A) the threat to drinking water posed by intentional acts of contamination; andCommentsClose CommentsPermalink
(B) the vulnerability of public water systems, including fire hydrants, to such a threat; andCommentsClose CommentsPermalink
(2) submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the study.CommentsClose CommentsPermalink
TITLE II--WASTEWATER TREATMENT WORKS SECURITYCommentsClose CommentsPermalink
TITLE II--WASTEWATER TREATMENT WORKS SECURITYCommentsClose CommentsPermalink
SEC. 201. SHORT TITLE.
This title may be cited as Secure Wastewater Treatment Facilities Act.CommentsClose CommentsPermalink
SEC. 202. WASTEWATER TREATMENT WORKS SECURITY.
(a) Amendment-CommentsClose CommentsPermalink
(1) IN GENERAL- Title III of the Federal Water Pollution Control Act (
‘SEC. 321. WASTEWATER TREATMENT WORKS SECURITY.
‘(a) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) COVERED TREATMENT WORKS- The term ‘covered treatment works’ means a treatment works that--CommentsClose CommentsPermalink
‘(A) has a treatment capacity of not less than 2,500,000 gallons per day; orCommentsClose CommentsPermalink
‘(B) as determined by the Administrator, presents a security risk that requires regulation under this section.CommentsClose CommentsPermalink
‘(2) SECRETARY- The term ‘Secretary’ means the Secretary of Homeland Security.CommentsClose CommentsPermalink
‘(b) Regulations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 2 years after the date of enactment of the Secure Water Facilities Act, the Administrator shall promulgate final regulations to establish--CommentsClose CommentsPermalink
‘(A) risk-based performance standards for the security of covered treatment works in accordance with subsection (c); andCommentsClose CommentsPermalink
‘(B) requirements and deadlines for each covered treatment works--CommentsClose CommentsPermalink
‘(i)(I) to conduct a vulnerability assessment in accordance with subsection (d) and submit the vulnerability assessment to the Administrator; orCommentsClose CommentsPermalink
‘(II) if a vulnerability assessment has already been conducted relating to the covered treatment works--CommentsClose CommentsPermalink
‘(aa) to revise the assessment in accordance with subsection (d); andCommentsClose CommentsPermalink
‘(bb) to submit the revised assessment to the Administrator;CommentsClose CommentsPermalink
‘(ii) to update and resubmit a vulnerability assessment relating to the covered treatment works--CommentsClose CommentsPermalink
‘(I) not less frequently than once every 5 years; andCommentsClose CommentsPermalink
‘(II) promptly after any change at the covered treatment works that could cause the reassignment of the covered treatment works to a different risk-based tier under subsection (h);CommentsClose CommentsPermalink
‘(iii) to develop, implement, revise (as appropriate), and submit to the Administrator a site security plan in accordance with subsection (e)--CommentsClose CommentsPermalink
‘(I) not less frequently than once every 5 years; andCommentsClose CommentsPermalink
‘(II) promptly after any revision to the vulnerability assessment of the covered treatment works under clause (ii);CommentsClose CommentsPermalink
‘(iv)(I)(aa) to develop an emergency response plan in accordance with subsection (f); orCommentsClose CommentsPermalink
‘(bb) if an emergency response plan has already been developed for the covered treatment works, to revise the plan in accordance with subsection (f); andCommentsClose CommentsPermalink
‘(II) to revise the plan not less frequently than once every 5 years; andCommentsClose CommentsPermalink
‘(v) to provide annual training to employees and contractors of covered treatment works regarding the implementation of site security plans and emergency response plans in accordance with subsection (g).CommentsClose CommentsPermalink
‘(2) CONSULTATION- In promulgating regulations pursuant to paragraph (1), the Administrator shall consult with--CommentsClose CommentsPermalink
‘(A) States with approved programs under section 402; andCommentsClose CommentsPermalink
‘(B) the Secretary and other appropriate individuals and entities regarding--CommentsClose CommentsPermalink
‘(i) a process for the development and evaluation of vulnerability assessments, site security plans, and emergency response plans;CommentsClose CommentsPermalink
‘(ii) the development of risk-based performance standards under subsection (c);CommentsClose CommentsPermalink
‘(iii) the establishment of risk-based tiers and a process for the assignment of covered treatment works to the risk-based tiers under subsection (h);CommentsClose CommentsPermalink
‘(iv) the designation of substances of concern under subsection (i);CommentsClose CommentsPermalink
‘(v) the provision of threat-related and other baseline information to covered treatment works under subsection (j);CommentsClose CommentsPermalink
‘(vi) the treatment of protected information in accordance with subsection (o); andCommentsClose CommentsPermalink
‘(vii) such other matters as the Administrator determines to be necessary.CommentsClose CommentsPermalink
‘(c) Risk-Based Performance Standards-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The risk-based performance standards for site security plans under this subsection shall be--CommentsClose CommentsPermalink
‘(A) delineated by risk-based tier under subsection (h); andCommentsClose CommentsPermalink
‘(B) increasingly stringent, based on the level of risk associated with each risk-based tier.CommentsClose CommentsPermalink
‘(2) FACTOR FOR CONSIDERATION- In developing standards under this subsection, the Administrator shall take into consideration section 27.230 of title 6, Code of Federal Regulations (or successor regulations).CommentsClose CommentsPermalink
‘(d) Vulnerability Assessments-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A vulnerability assessment under this subsection shall include an evaluation by each covered treatment works of the vulnerability of the covered treatment works to a range of intentional acts, including any intentional act that results in a release of a substance of concern that is known, or may be reasonably anticipated, to cause death, injury, or serious adverse effects to human health or the environment.CommentsClose CommentsPermalink
‘(2) MINIMUM REQUIREMENTS- At a minimum, a vulnerability assessment under this subsection shall include a review of, with respect to the relevant covered treatment works--CommentsClose CommentsPermalink
‘(A) intercepting sewers, outfall sewers, sewage collection systems, and other constructed conveyances under the control of the treatment works;CommentsClose CommentsPermalink
‘(B) physical barriers;CommentsClose CommentsPermalink
‘(C) facilities, systems, and devices used in the storage, treatment, recycling, or reclamation of municipal sewage or industrial wastes;CommentsClose CommentsPermalink
‘(D) electronic, computer, and other automated systems that are used by the covered treatment works;CommentsClose CommentsPermalink
‘(E) the use, storage, or handling of various chemicals, including substances of concern;CommentsClose CommentsPermalink
‘(F) the operation and maintenance of the covered treatment works; andCommentsClose CommentsPermalink
‘(G) the resiliency and ability of the covered treatment works to ensure continuity of operations in the event of a disruption caused by an intentional act.CommentsClose CommentsPermalink
‘(e) Site Security Plans- In developing and implementing a site security plan under this section, a covered treatment works may select layered security and preparedness measures that, in combination, appropriately--CommentsClose CommentsPermalink
‘(1) address the security risks identified in the vulnerability assessment of the covered treatment works; andCommentsClose CommentsPermalink
‘(2) comply with the applicable risk-based performance standards required under this section.CommentsClose CommentsPermalink
‘(f) Emergency Response Plans-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Each covered treatment works shall prepare or revise, as appropriate, an emergency response plan that incorporates the results of the most recent vulnerability assessment and site security plan of the covered treatment works.CommentsClose CommentsPermalink
‘(2) CONTENTS- An emergency response plan under this subsection shall include--CommentsClose CommentsPermalink
‘(A) a description of the plans and procedures, and an identification of the equipment, that can be implemented or used in the event of an intentional act at the covered treatment works; andCommentsClose CommentsPermalink
‘(B) a description of the actions and procedures, and an identification of the equipment, that can obviate or significantly lessen the impact on public health, and the ability of the treatment works to safely and reliably operate on the occurrence, of an intentional act at the covered treatment works.CommentsClose CommentsPermalink
‘(3) COORDINATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- As part of the emergency response plan of a covered treatment works, each covered treatment works shall provide to the individuals and entities described in subparagraph (B) appropriate information to ensure an effective collective response to an intentional act at the covered treatment works.CommentsClose CommentsPermalink
‘(B) DESCRIPTION OF INDIVIDUALS AND ENTITIES- An individual or entity referred to in subparagraph (A) is--CommentsClose CommentsPermalink
‘(i) a local emergency planning committee;CommentsClose CommentsPermalink
‘(ii) a State emergency response commission;CommentsClose CommentsPermalink
‘(iii) a local law enforcement official; orCommentsClose CommentsPermalink
‘(iv) a local emergency response provider.CommentsClose CommentsPermalink
‘(4) CERTIFICATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 180 days after the date on which a vulnerability assessment is completed or revised, as appropriate, for a covered treatment works under subsection (d), the covered treatment works shall submit to the Administrator a certification that the covered treatment works has completed an emergency response plan in accordance with this subsection.CommentsClose CommentsPermalink
‘(B) UPDATES- As soon as practicable after any update of an emergency response plan of a covered treatment works under this section, a covered treatment works shall submit to the Administrator an updated certification under subparagraph (A).CommentsClose CommentsPermalink
‘(g) Role of Employees-CommentsClose CommentsPermalink
‘(1) DESCRIPTION OF ROLE- Each site security plan and emergency response plan required under this section shall describe the appropriate roles and responsibilities that employees and contractors of the covered treatment works are expected to perform to deter or respond to an intentional act described in subsection (h)(2)(C).CommentsClose CommentsPermalink
‘(2) TRAINING FOR EMPLOYEES- Not less frequently than once each year, each covered treatment works shall provide to employees and contractors of the covered treatment works with roles or responsibilities described in paragraph (1) not less than 8 hours of training regarding the conduct of those roles and responsibilities.CommentsClose CommentsPermalink
‘(3) EMPLOYEE PARTICIPATION- In developing, revising, or updating a vulnerability assessment, site security plan, or emergency response plan required under this section, a covered treatment works shall include--CommentsClose CommentsPermalink
‘(A) at least 1 supervisory and at least 1 nonsupervisory employee of the covered treatment works; andCommentsClose CommentsPermalink
‘(B) at least 1 representative of each certified or recognized bargaining agent representing employees or contractors of the covered treatment works with roles or responsibilities described in paragraph (1), if any, in a collective bargaining relationship with the owner or operator of the covered treatment works or a contractor to the covered treatment works.CommentsClose CommentsPermalink
‘(h) Risk-Based Tiers-CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT- The Administrator shall establish, by regulation, 4 risk-based tiers for the categorization of covered treatment works under this section, with tier 1 representing the highest degree of security risk.CommentsClose CommentsPermalink
‘(2) ASSIGNMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Administrator shall assign (and reassign, as appropriate) each covered treatment works to 1 of the risk-based tiers established under paragraph (1).CommentsClose CommentsPermalink
‘(B) SUBMISSION OF INFORMATION- The Administrator may require a covered treatment works to submit to the Administrator such information as the Administrator determines to be necessary to determine the appropriate risk-based tier for the covered treatment works.CommentsClose CommentsPermalink
‘(C) FACTORS FOR CONSIDERATION- In assigning a covered treatment works to a risk-based tier under this paragraph, the Administrator shall take into consideration--CommentsClose CommentsPermalink
‘(i) the potential consequences (such as death, injury, or serious adverse effects to human health, the environment, critical infrastructure, national security, and the national economy) of an intentional act at the covered treatment works--CommentsClose CommentsPermalink
‘(I) to cause a release, including a worst-case release, of a substance of concern;CommentsClose CommentsPermalink
‘(II) to disrupt the safe and reliable operation of the covered treatment works; andCommentsClose CommentsPermalink
‘(III) to steal, misappropriate, or misuse a substance of concern at the covered treatment works;CommentsClose CommentsPermalink
‘(ii) the design flow of the treatment works; andCommentsClose CommentsPermalink
‘(iii) the proximity of the treatment works to large population centers.CommentsClose CommentsPermalink
‘(3) EXPLANATION FOR RISK-BASED TIER ASSIGNMENT- The Administrator shall provide to each covered treatment works assigned to a risk-based tier under this subsection a written explanation of--CommentsClose CommentsPermalink
‘(A) the reasons for the assignment to that risk-based tier; andCommentsClose CommentsPermalink
‘(B) the determination by the Administrator regarding whether the covered treatment works is required to submit an assessment under subsection (k)(2).CommentsClose CommentsPermalink
‘(i) Substances of Concern- For purposes of this section, the Administrator, in consultation with the Secretary--CommentsClose CommentsPermalink
‘(1) may designate any chemical substance as a substance of concern, taking into consideration appendix A of part 27 of title 6, Code of Federal Regulations (or successor regulations); andCommentsClose CommentsPermalink
‘(2) on the designation of a chemical substance as a substance of concern under paragraph (1), shall establish, by regulation, a threshold quantity for the release or theft of the chemical substance, taking into consideration--CommentsClose CommentsPermalink
‘(A) the toxicity, reactivity, volatility, dispersability, combustibility, and flammability of the chemical substance; andCommentsClose CommentsPermalink
‘(B) the quantity of the chemical substance that, as a result of a release, is known, or may be reasonably anticipated, to cause death, injury, or serious adverse effects to human health or the environment.CommentsClose CommentsPermalink
‘(j) Baseline Information- To facilitate compliance with the requirements of this section, as soon as practicable after the effective date of the regulations promulgated pursuant to subsection (b), and thereafter as appropriate, the Administrator, after consultation with appropriate Federal departments and agencies and State, local, and tribal governments, shall provide baseline information to covered treatment works regarding the types of intentional acts that constitute probable threats with respect to--CommentsClose CommentsPermalink
‘(1) the substantial disruption of the ability of the covered treatment works to operate safely and reliably;CommentsClose CommentsPermalink
‘(2) the release of a substance of concern at the covered treatment works; orCommentsClose CommentsPermalink
‘(3) the theft, misuse, or misappropriation of a substance of concern at the covered treatment works.CommentsClose CommentsPermalink
‘(k) Methods To Reduce Consequences of Chemical Releases From Intentional Acts-CommentsClose CommentsPermalink
‘(1) DEFINITION OF METHOD TO REDUCE THE CONSEQUENCES OF A CHEMICAL RELEASE FROM AN INTENTIONAL ACT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In this subsection, the term ‘method to reduce the consequences of a chemical release from an intentional act’ means a measure at a covered treatment works that reduces or eliminates the potential consequences of a release of a substance of concern from an intentional act.CommentsClose CommentsPermalink
‘(B) INCLUSIONS- The term ‘method to reduce the consequences of a chemical release from an intentional act’ includes--CommentsClose CommentsPermalink
‘(i) the elimination or reduction in quantity of a substance of concern possessed or planned to be possessed by a covered treatment works through the use of alternate substances, formulations, or processes;CommentsClose CommentsPermalink
‘(ii) the modification of the pressure, temperature, or concentration of a substance of concern; andCommentsClose CommentsPermalink
‘(iii) the reduction or elimination of onsite handling of a substance of concern through improvement of inventory control or chemical use efficiency.CommentsClose CommentsPermalink
‘(2) ASSESSMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Each covered treatment works that possesses or plans to possess a substance of concern in excess of the release threshold quantity established by the Administrator under subsection (i)(1)(B) shall--CommentsClose CommentsPermalink
‘(i) include in the site security plan of the covered treatment works an assessment of methods to reduce the consequences of a chemical release from an intentional act at the covered treatment works; andCommentsClose CommentsPermalink
‘(ii) submit the assessment under clause (i) to--CommentsClose CommentsPermalink
‘(I) the Administrator; andCommentsClose CommentsPermalink
‘(II) the State in which the covered treatment works is located, if the State has an approved program under section 402.CommentsClose CommentsPermalink
‘(B) FACTORS FOR CONSIDERATION- In preparing an assessment under this paragraph, a covered treatment works shall take into consideration factors appropriate to the security, public health, and environmental mission of the covered treatment works.CommentsClose CommentsPermalink
‘(C) INCLUSIONS- Each assessment under this paragraph shall include a description of--CommentsClose CommentsPermalink
‘(i) the methods to reduce the consequences of a chemical release from an intentional act at the covered treatment works;CommentsClose CommentsPermalink
‘(ii) the means by which each method to reduce the consequences of a chemical release from an intentional act at the covered treatment works could, if applied--CommentsClose CommentsPermalink
‘(I) reduce the potential extent of death, injury, or serious adverse effects to human health resulting from the chemical release; andCommentsClose CommentsPermalink
‘(II) affect the presence of contaminants in treated water, human health, or the environment;CommentsClose CommentsPermalink
‘(iii) whether each described method to reduce the consequences of a chemical release from an intentional act at the covered treatment works is feasible (as determined by the Administrator);CommentsClose CommentsPermalink
‘(iv) the costs (including capital and operational costs) and avoided costs (including savings and liabilities) associated with applying each method to reduce the consequences of a chemical release from an intentional act at the covered treatment works;CommentsClose CommentsPermalink
‘(v) any other relevant information relied on by the covered treatment works in conducting the assessment;CommentsClose CommentsPermalink
‘(vi) a statement of whether the covered water system has implemented or plans to implement 1 or more methods to reduce the consequences of a chemical release from an intentional act, a description of any such method; andCommentsClose CommentsPermalink
‘(vii) in the case of a covered treatment works described in paragraph (3)(A), an explanation of the reasons for any decision not to implement a method to reduce the consequences of a chemical release from an intentional act at the covered treatment works.CommentsClose CommentsPermalink
‘(3) REQUIRED METHODS-CommentsClose CommentsPermalink
‘(A) APPLICABILITY- This paragraph applies to a covered treatment works that--CommentsClose CommentsPermalink
‘(i) is assigned to 1 of the 2 highest risk-based tiers under subsection (h); andCommentsClose CommentsPermalink
‘(ii) possesses or plans to possess a substance of concern in excess of the release threshold quantity established by the Administrator under subsection (i)(1)(B).CommentsClose CommentsPermalink
‘(B) HIGHEST-RISK SYSTEMS- If, on the basis of an assessment under paragraph (2), a covered treatment works described in subparagraph (A) decides not to implement a method to reduce the consequences of a chemical release from an intentional act at the covered treatment works--CommentsClose CommentsPermalink
‘(i) the State with an approved program under section 402 (if the covered treatment works is located in such a State) shall, in accordance with a timeline established by the Administrator--CommentsClose CommentsPermalink
‘(I) determine whether to require the covered treatment works to implement the method to reduce the consequences of a chemical release from an intentional act; andCommentsClose CommentsPermalink
‘(II) notify the Administrator of the determination; orCommentsClose CommentsPermalink
‘(ii) the Administrator (if the covered treatment works is not located in a State with an approved program under section 402) shall determine whether to require the covered treatment works to implement the method to reduce the consequences of a chemical release from an intentional act.CommentsClose CommentsPermalink
‘(C) FACTORS FOR CONSIDERATION- In making a determination under clause (i)(I) or (ii) of subparagraph (B), the State or the Administrator, as applicable, shall take into consideration factors appropriate to the security, public health, and environmental missions of covered treatment works, including an examination of whether the applicable method to reduce the consequences of a chemical release from an intentional act--CommentsClose CommentsPermalink
‘(i) would significantly reduce the risk of death, injury, or serious adverse effects to human health resulting directly from a chemical release from an intentional act at the covered treatment works;CommentsClose CommentsPermalink
‘(ii) would not increase the interim storage of a substance of concern by the covered treatment works;CommentsClose CommentsPermalink
‘(iii) would not render the covered treatment works unable to comply with--CommentsClose CommentsPermalink
‘(I) other requirements of this Act; orCommentsClose CommentsPermalink
‘(II) applicable standards established by the State or political subdivision in which the covered treatment works is located; andCommentsClose CommentsPermalink
‘(iv) is feasible (as determined by the Administrator), to be incorporated into the operation of the covered treatment works.CommentsClose CommentsPermalink
‘(D) APPEALS- If a determination is made to require a covered treatment works to implement a method to reduce the consequences of a chemical release from an intentional act under clause (i)(I) or (ii) of subparagraph (B), the State or the Administrator, as applicable, shall provide to the affected covered treatment works an opportunity to appeal the determination, including the opportunity for a determination of consequences of an intentional act occurring outside the covered treatment works pursuant to subparagraph (E).CommentsClose CommentsPermalink
‘(E) CONSEQUENCES OF INTENTIONAL ACT OCCURRING OUTSIDE COVERED TREATMENT WORKS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- A covered treatment works may request, as part of an appeal under subparagraph (D), a determination of whether the implementation of a method to reduce the consequences of a chemical release from an intentional act would result in a significant increase in the existing potential consequences of an intentional act occurring outside the covered treatment works that is directly related to the method to reduce consequences of an intentional act at the covered treatment works that is the subject of the appeal.CommentsClose CommentsPermalink
‘(ii) DUTIES UPON RECEIPT OF REQUEST- Upon receiving a request under clause (i)--CommentsClose CommentsPermalink
‘(I) the State with an approved program under section 402 (if the covered treatment works is located in such a State), shall notify the Administrator, and the Administrator shall consult with the Secretary, as necessary, to quantify whether there would be a significant increase in the existing potential consequences of an intentional act occurring outside the covered treatment works (that is directly related to the method to reduce consequences of an intentional act at the covered treatment works that is the subject of the appeal) as compared to the consequences of a chemical release at the covered treatment works that would be reduced by the implementation of the method; orCommentsClose CommentsPermalink
‘(II) the Administrator (if the covered treatment works is not located in a State with an approved program under section 402), shall consult with the Secretary, as necessary, to quantify whether there would be a significant increase in the existing potential consequences of an intentional act occurring outside the covered treatment works (that is directly related to the method to reduce consequences of an intentional act at the covered treatment works that is the subject of the appeal) as compared to the consequences of a chemical release at the covered treatment works that would be reduced by the implementation of the method.CommentsClose CommentsPermalink
‘(iii) SIGNIFICANTLY INCREASED CONSEQUENCES OUTSIDE COVERED TREATMENT WORKS- If a determination is made pursuant to subclause (I) or (II) of clause (ii) that implementation of a method to reduce consequences of a chemical release from an intentional act pursuant to clause (i)(I) or (ii) of subparagraph (B) would result in a significant increase in the existing potential consequences of an intentional act occurring outside the covered treatment works as compared to the reduced consequences of a chemical release at the covered treatment works, the State with an approved program under section 402 (if the covered treatment works is located in such a State), or the Administrator (if the covered treatment works is not located in a State), shall take that determination into consideration in making a final determination under clause (i)(I) or (ii) of subparagraph (B).CommentsClose CommentsPermalink
‘(4) INCOMPLETE AND LATE ASSESSMENTS-CommentsClose CommentsPermalink
‘(A) INCOMPLETE ASSESSMENTS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- If the Administrator determines that a covered treatment works failed to meet the requirements of this subsection in conducting an assessment, the Administrator, after notifying the covered treatment works and the State with an approved program under section 402, if applicable, shall require the covered treatment works to submit a revised assessment in accordance with this subsection by not later than 60 days after the date of receipt of notification.CommentsClose CommentsPermalink
‘(ii) REVIEW- The State in which a covered treatment works subject to clause (i) is located (if the covered treatment works is located in a State with an approved program under section 402) or the Administrator (if the covered treatment works is not located in such a State) shall review a revised assessment submitted under clause (i) to determine whether to require the covered treatment works to implement any method to reduce the consequences of an intentional act pursuant to paragraph (3).CommentsClose CommentsPermalink
‘(B) LATE ASSESSMENTS- If the Administrator determines that a covered treatment works failed to complete an assessment under this subsection in accordance with the deadline established for completion by the Administrator, the Administrator, after notifying the covered treatment works and the State with an approved program under section 402, if applicable, may take appropriate enforcement action under subsection (q).CommentsClose CommentsPermalink
‘(5) FAILURE BY STATE TO ACT-CommentsClose CommentsPermalink
‘(A) DETERMINATIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- If the Administrator determines that a State with an approved program under section 402 has failed to determine whether to require a covered treatment works to implement a method to reduce the consequences of a chemical release from an intentional act, as required by paragraph (3)(B)(i)(I), the Administrator shall notify the State and the applicable covered treatment works of the determination.CommentsClose CommentsPermalink
‘(ii) ACTION BY ADMINISTRATOR- If a State has failed to make a determination required by paragraph (3)(B)(i)(I), not later than 30 days after the date of receipt of the notice of the Administrator under clause (i) the Administrator shall--CommentsClose CommentsPermalink
‘(I) notify the State and the applicable covered treatment works of the failure by the State to make the determination; andCommentsClose CommentsPermalink
‘(II) determine whether to require the covered treatment works to implement the applicable method to reduce the consequences of a chemical release from an intentional act, based on the factors described in paragraph (3)(C).CommentsClose CommentsPermalink
‘(B) ENFORCEMENT ACTIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- If the Administrator determines that a covered treatment works has failed while located in a State with an approved program under section 402 to implement a method to reduce the consequences of a chemical release from an intentional act that is required by the State or the Administrator under paragraph (3)(B), or by the Administrator under subparagraph (A), the Administrator shall notify the State and the covered treatment works of the determination.CommentsClose CommentsPermalink
‘(ii) ENFORCEMENT ACTION- If the Administrator determines that a State has failed to commence an appropriate enforcement action by the date that is 30 days after the date of notification by the Administrator under clause (i), the Administrator shall--CommentsClose CommentsPermalink
‘(I) notify the State and the applicable covered treatment works of the determination; andCommentsClose CommentsPermalink
‘(II) determine whether to commence an appropriate enforcement action against the covered treatment works in accordance with subsection (q) to require the implementation of the relevant method to reduce the consequences of a chemical release from an intentional act at the covered treatment works.CommentsClose CommentsPermalink
‘(C) CONSIDERATION OF CONTINUED PROGRAM APPROVAL- The Administrator may take into consideration the failure of a State with an approved program under section 402 to make a determination as described in subparagraph (A), or to bring an enforcement action as described in subparagraph (B), in determining whether the State may retain the approved program under section 402.CommentsClose CommentsPermalink
‘(6) GUIDANCE FOR COVERED TREATMENT WORKS-CommentsClose CommentsPermalink
‘(A) GUIDANCE- Not later than 180 days after the date of enactment of the Secure Water Facilities Act, the Administrator shall develop, and update thereafter as appropriate, nonbinding guidance, including guidance regarding Federal procurement, to assist covered treatment works in assessing and implementing methods to reduce consequences of a chemical release from an intentional act by reducing or eliminating reliance on the use of threshold quantities of substances of concern at the covered treatment works, as established under subsection (i)(1)(B).CommentsClose CommentsPermalink
‘(B) RECOMMENDATIONS- The Administrator shall, as appropriate, provide or recommend tools, methodologies, or computer software to assist covered treatment works assigned to tier 3 or tier 4 under subsection (h) and required to conduct an assessment under paragraph (2) to achieve compliance with the requirements of this section.CommentsClose CommentsPermalink
‘(l) Review by Administrator-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Each covered treatment works shall submit to the Administrator the vulnerability assessment and site security plan of the covered treatment works, in accordance with such deadline as the Administrator may establish.CommentsClose CommentsPermalink
‘(2) REVIEW- The Administrator shall--CommentsClose CommentsPermalink
‘(A) review each vulnerability assessment and site security plan submitted under this subsection; andCommentsClose CommentsPermalink
‘(B)(i) if the assessment or plan has any significant deficiency described in paragraph (3), require the covered treatment works to correct the deficiency; orCommentsClose CommentsPermalink
‘(ii) approve the assessment or plan.CommentsClose CommentsPermalink
‘(3) SIGNIFICANT DEFICIENCIES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Subject to subparagraph (B), a vulnerability assessment or site security plan of a covered treatment works has a significant deficiency under this paragraph if the Administrator, in consultation with the State with an approved program under section 402 (if the covered treatment works is located in such a State), determines that--CommentsClose CommentsPermalink
‘(i) the vulnerability assessment does not comply with the regulations promulgated pursuant to subsection (b); orCommentsClose CommentsPermalink
‘(ii) the site security plan fails--CommentsClose CommentsPermalink
‘(I) to meet applicable risk-based performance standards under subsection (c); orCommentsClose CommentsPermalink
‘(II) to address a vulnerability identified in the vulnerability assessment under subsection (d).CommentsClose CommentsPermalink
‘(B) EXCLUSION- A deficiency in the content or implementation of the portion of the site security plan of a covered treatment works relating to methods to reduce the consequences of a chemical release from an intentional act shall not be considered to be a significant deficiency under this paragraph.CommentsClose CommentsPermalink
‘(4) IDENTIFICATION OF DEFICIENCIES- If the Administrator identifies a significant deficiency in the vulnerability assessment or site security plan of a covered water system under paragraph (3), the Administrator shall provide to the covered water system a written notification of the deficiency that--CommentsClose CommentsPermalink
‘(A) includes a clear explanation of the deficiency;CommentsClose CommentsPermalink
‘(B) provides guidance to assist the covered water system in addressing the deficiency; andCommentsClose CommentsPermalink
‘(C) requires the covered water system--CommentsClose CommentsPermalink
‘(i) to correct the deficiency; andCommentsClose CommentsPermalink
‘(ii) by such date as the Administrator determines to be appropriate, to submit to the Administrator a revised vulnerability assessment or site security plan.CommentsClose CommentsPermalink
‘(5) STATE, REGIONAL, AND LOCAL GOVERNMENTAL ENTITIES- No covered treatment works shall be required under State, local, or tribal law to provide a vulnerability assessment or site security plan under this section to any State, regional, local, or tribal governmental entity solely due to the requirement of paragraph (1) to submit such an assessment or plan to the Administrator.CommentsClose CommentsPermalink
‘(m) Maintenance of Records- Each covered treatment works shall maintain an updated copy of the vulnerability assessment, site security plan, and emergency response plan of the covered treatment works.CommentsClose CommentsPermalink
‘(n) Audits; Inspections-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Administrator (or a designee) shall audit and inspect covered treatment works as necessary to determine compliance with this section.CommentsClose CommentsPermalink
‘(2) ACCESS- In conducting an audit or inspection of a covered treatment works under this subsection, the Administrator shall have access to the owners, operators, employees, contractors, and employee representatives, if any, of the covered treatment works.CommentsClose CommentsPermalink
‘(3) CONFIDENTIAL COMMUNICATION OF INFORMATION; AIDING INSPECTIONS-CommentsClose CommentsPermalink
‘(A) CONFIDENTIAL COMMUNICATION OF INFORMATION- The Administrator shall offer nonsupervisory employees of a covered treatment works the opportunity to confidentially communicate to the Administrator information relevant to the compliance or noncompliance by the covered treatment works with the requirements of this section (including regulations promulgated pursuant to this section).CommentsClose CommentsPermalink
‘(B) AIDING INSPECTIONS- A representative of each certified or recognized bargaining agent described in subsection (g)(3)(B), or a nonsupervisory employee if no such representative exists, shall be given an opportunity to accompany the Administrator during any physical inspection of a covered treatment works under this subsection to assist in the inspection, if a representative of the covered treatment works will also be accompanying the Administrator during the inspection.CommentsClose CommentsPermalink
‘(o) Protection of Information-CommentsClose CommentsPermalink
‘(1) DEFINITION OF PROTECTED INFORMATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In this section, the term ‘protected information’ means--CommentsClose CommentsPermalink
‘(i) a vulnerability assessment or site security plan under this section (including any assessment developed under subsection (k)(2));CommentsClose CommentsPermalink
‘(ii) any document directly related to a review by the Administrator of an assessment or plan described in clause (i) and, where applicable, a review by a State of an assessment developed under subsection (k)(2);CommentsClose CommentsPermalink
‘(iii) any document directly related to an inspection or audit under subsection (n);CommentsClose CommentsPermalink
‘(iv) any order, notice, or letter regarding the compliance of a covered treatment works with the requirements of this section;CommentsClose CommentsPermalink
‘(v) any information, document, or record required to be provided to, or created by, the Administrator under subsection (h);CommentsClose CommentsPermalink
‘(vi) any document directly related to--CommentsClose CommentsPermalink
‘(I) a security drill or training exercise;CommentsClose CommentsPermalink
‘(II) a security threat or breach; orCommentsClose CommentsPermalink
‘(III) maintenance, calibration, or testing of security equipment; andCommentsClose CommentsPermalink
‘(vii) any other information, document, or record developed exclusively for purposes of this section, the disclosure of which, as determined by the Administrator, by regulation, would be detrimental to the security of 1 or more covered treatment works.CommentsClose CommentsPermalink
‘(B) DETRIMENT REQUIREMENT- For purposes of clauses (ii) through (vi) of subparagraph (A), the only portion of any document, record, order, notice, or letter that shall be considered to be protected information is any portion--CommentsClose CommentsPermalink
‘(i) the disclosure of which, as determined by the Administrator, by regulation, would be detrimental to the security of 1 or more covered treatment works; andCommentsClose CommentsPermalink
‘(ii) that is developed by the Administrator, a State, or a covered treatment works for purposes of this section.CommentsClose CommentsPermalink
‘(C) EXCLUSIONS- The term ‘protected information’ does not include--CommentsClose CommentsPermalink
‘(i) any information, other than a vulnerability assessment or site security plan, that the Administrator has determined, by regulation--CommentsClose CommentsPermalink
‘(I) to be appropriate to demonstrate compliance by a covered treatment works with the requirements of this section; andCommentsClose CommentsPermalink
‘(II) would not be detrimental to the security of any covered treatment works if disclosed; orCommentsClose CommentsPermalink
‘(ii) any information that is obtained from another source with respect to which the Administrator has not made a determination under subparagraph (A)(vii) or (B), regardless of whether the information is included in an assessment or plan under this section, including--CommentsClose CommentsPermalink
‘(I) information that is required to be made publicly available under any other provision of law; andCommentsClose CommentsPermalink
‘(II) information that a covered treatment works has lawfully disclosed other than through a submission to the Administrator under this section.CommentsClose CommentsPermalink
‘(2) PROHIBITION- Protected information--CommentsClose CommentsPermalink
‘(A) shall be exempt from disclosure under
section 552 of title 5, United States Code ; andCommentsClose CommentsPermalink‘(B) shall not be made available pursuant to any State, local, or tribal law requiring disclosure of information or records.CommentsClose CommentsPermalink
‘(3) INFORMATION SHARING-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Administrator shall promulgate such regulations, and may issue such orders, as the Administrator determines to be necessary to prohibit the unauthorized disclosure of protected information.CommentsClose CommentsPermalink
‘(B) SHARING OF PROTECTED INFORMATION-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The regulations under subparagraph (A) shall establish standards for, and facilitate, the appropriate sharing of protected information among--CommentsClose CommentsPermalink
‘(I) Federal, State, local, and tribal authorities;CommentsClose CommentsPermalink
‘(II) first responders;CommentsClose CommentsPermalink
‘(III) law enforcement officials;CommentsClose CommentsPermalink
‘(IV) designated supervisory and nonsupervisory covered treatment works personnel with security, operational, or fiduciary responsibility for the covered treatment works; andCommentsClose CommentsPermalink
‘(V) designated employee representatives of covered treatment works, if any.CommentsClose CommentsPermalink
‘(ii) INCLUSIONS- The standards established under clause (i) shall include procedures for the sharing of all portions of a vulnerability assessment or site security plan of a covered treatment works relating to the roles and responsibilities of employees or contractors of the covered treatment works under subsection (g) with--CommentsClose CommentsPermalink
‘(I) a representative of each certified or recognized bargaining agent representing those employees and contractors, if any; orCommentsClose CommentsPermalink
‘(II) if a representative described in subclause (I) does not exist, at least 1 supervisory and at least 1 nonsupervisory employee with roles and responsibilities described in subsection (g).CommentsClose CommentsPermalink
‘(C) PENALTIES-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Protected information shall not be shared, except in accordance with the standards established and orders issued pursuant to subparagraph (A).CommentsClose CommentsPermalink
‘(ii) KNOWING VIOLATION- Whoever discloses protected information in knowing violation of the regulations promulgated under paragraph (1) shall--CommentsClose CommentsPermalink
‘(I) be fined under title 18, United States Code, imprisoned for not more than 1 year, or both; andCommentsClose CommentsPermalink
‘(II) in the case of a Federal officeholder or employee, removed from Federal office or employment.CommentsClose CommentsPermalink
‘(4) TREATMENT OF INFORMATION IN ADJUDICATIVE PROCEEDINGS- In any judicial or administrative proceeding, protected information shall be treated in a manner consistent with the treatment of sensitive security information under section 525 of the Department of Homeland Security Appropriations Act, 2007 (
Public Law 109-295 ; 120 Stat. 1381).CommentsClose CommentsPermalink‘(5) OTHER OBLIGATIONS UNAFFECTED- Except as provided in subsection (l)(5), nothing in this section modifies or otherwise affects an obligation of a covered treatment works--CommentsClose CommentsPermalink
‘(A) to submit or make available information to employees of the covered treatment works, employee organizations, health professionals, emergency response organizations, or a Federal, State, tribal, or local government agency under any other provision of law; orCommentsClose CommentsPermalink
‘(B) to comply with any other provision of law.CommentsClose CommentsPermalink
‘(6) CONGRESSIONAL OVERSIGHT- Nothing in this section authorizes the withholding of information from Congress.CommentsClose CommentsPermalink
‘(7) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION- Nothing in this section modifies or otherwise affects any authority or obligation of a Federal, State, local, or tribal agency to protect or disclose any record or information that the Federal, State, local, or tribal agency obtains from a covered treatment works or the Administrator under any other provision of law.CommentsClose CommentsPermalink
‘(p) Preemption- Nothing in this section precludes or denies the right of any State or political subdivision of a State to adopt or enforce any regulation, requirement, or standard of performance with respect to a covered treatment works that is more stringent than a regulation, requirement, or standard of performance established under this section.CommentsClose CommentsPermalink
‘(q) Violations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- For purposes of section 309, any violation of a requirement under this section (including a regulation promulgated pursuant to this section) by a covered treatment works shall be treated in the same manner as a violation of a condition of a permit under section 402.CommentsClose CommentsPermalink
‘(2) METHODS TO REDUCE THE CONSEQUENCES OF A CHEMICAL RELEASE FROM AN INTENTIONAL ACT- Except as provided in paragraphs (4) and (5) of subsection (k), if a covered treatment works is located in a State with an approved program under section 402, the Administrator may not issue an order or commence a civil action under this section for any deficiency in the content or implementation of the portion of the site security plan of the covered treatment works relating to methods to reduce the consequences of a chemical release from an intentional act (as defined in subsection (k)(1)).CommentsClose CommentsPermalink
‘(r) Report to Congress-CommentsClose CommentsPermalink
‘(1) ANNUAL REPORT- Not later than 3 years after the effective date of the regulations promulgated pursuant to subsection (b), and annually thereafter for each of the following 8 calendar years, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the progress made during the reporting period in achieving compliance with this section, including, at a minimum--CommentsClose CommentsPermalink
‘(A) a generalized summary of measures implemented by covered treatment works to meet each risk-based performance standard established under subsection (c); andCommentsClose CommentsPermalink
‘(B) a summary of the means by which--CommentsClose CommentsPermalink
‘(i) covered treatment works, as categorized by risk-based tier assignment under subsection (h), are achieving compliance with the requirements of this section; andCommentsClose CommentsPermalink
‘(ii) the Administrator is implementing and enforcing those requirements, including a description of--CommentsClose CommentsPermalink
‘(I) the number of treatment works that provided information to the Administrator pursuant to subsection (h)(2)(B);CommentsClose CommentsPermalink
‘(II) the number of covered treatment works assigned to each risk-based tier under subsection (h);CommentsClose CommentsPermalink
‘(III) the number of vulnerability assessments and site security plans--CommentsClose CommentsPermalink
‘(aa) submitted by covered treatment works; andCommentsClose CommentsPermalink
‘(bb) approved and disapproved by the Administrator;CommentsClose CommentsPermalink
‘(IV) the number of covered treatment works without approved vulnerability assessments or site security plans in place;CommentsClose CommentsPermalink
‘(V)(aa) the number of covered treatment works that have been assigned to a different risk-based tier or are no longer regulated by the Administrator under this section due to implementation of a method to reduce the consequences of a chemical release from an intentional act; andCommentsClose CommentsPermalink
‘(bb) a description of the types of each such method to reduce the consequences of a chemical release from an intentional act;CommentsClose CommentsPermalink
‘(VI) the number of audits and inspections conducted by the Administrator (or a designee) under subsection (n);CommentsClose CommentsPermalink
‘(VII) the number of orders for compliance issued by the Administrator under subsection (q);CommentsClose CommentsPermalink
‘(VIII) the administrative penalties assessed by the Administrator for noncompliance with the requirements of this section;CommentsClose CommentsPermalink
‘(IX) the civil penalties assessed by courts for noncompliance with the requirements of this section; andCommentsClose CommentsPermalink
‘(X) any other regulatory data the Administrator determines to be appropriate to describe--CommentsClose CommentsPermalink
‘(aa) compliance by covered treatment works with the requirements of this section; andCommentsClose CommentsPermalink
‘(bb) the implementation by the Administrator of those requirements.CommentsClose CommentsPermalink
‘(2) PUBLIC AVAILABILITY- Each report submitted under this section shall be made publicly available.CommentsClose CommentsPermalink
‘(s) Grant Programs-CommentsClose CommentsPermalink
‘(1) IMPLEMENTATION GRANTS TO STATES- The Administrator may provide grants to, or enter into cooperative agreements with, States, based on an allocation formula established by the Administrator, to assist the States in implementing this section.CommentsClose CommentsPermalink
‘(2) RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE GRANTS- The Administrator may provide grants to, or enter into cooperative agreements with, nonprofit organizations to provide research, training, and technical assistance to covered treatment works to assist the covered treatment works in achieving compliance with this section.CommentsClose CommentsPermalink
‘(3) PREPARATION GRANTS-CommentsClose CommentsPermalink
‘(A) GRANTS- The Administrator may provide grants to, or enter into cooperative agreements with, covered treatment works to assist the covered treatment works in--CommentsClose CommentsPermalink
‘(i) preparing and updating vulnerability assessments, site security plans, and emergency response plans;CommentsClose CommentsPermalink
‘(ii) assessing and implementing methods to reduce the consequences of a release of a substance of concern from an intentional act; andCommentsClose CommentsPermalink
‘(iii) implementing any other security reviews or enhancements that are necessary to achieve compliance with this section.CommentsClose CommentsPermalink
‘(B) PRIORITY-CommentsClose CommentsPermalink
‘(i) NEED- In providing grants and entering into cooperative agreements under subparagraph (A)(i), the Administrator shall give priority to covered treatment works that, as determined by the Administrator, have the greatest need.CommentsClose CommentsPermalink
‘(ii) SECURITY RISK- In providing grants and entering into cooperative agreements under subparagraph (A)(ii), the Administrator shall give priority to covered treatment works that, as determined by the Administrator, present the greatest security risk.CommentsClose CommentsPermalink
‘(4) WORKER TRAINING GRANTS-CommentsClose CommentsPermalink
‘(A) DEFINITION OF ELIGIBLE ENTITY- In this paragraph, the term ‘eligible entity’ means a nonprofit organization with demonstrated experience in implementing and operating successful worker or first responder health and safety or security training programs.CommentsClose CommentsPermalink
‘(B) GRANTS- The Administrator shall establish a program under which the Administrator shall provide grants to eligible entities to provide for training and education of--CommentsClose CommentsPermalink
‘(i) employees and contractors of covered treatment works with roles or responsibilities described in subsection (g); andCommentsClose CommentsPermalink
‘(ii) first responders and emergency response providers who would respond to an intentional act at a covered treatment works.CommentsClose CommentsPermalink
‘(C) ADMINISTRATION- The Administrator shall offer to enter into an agreement with the National Institute of Environmental Health Sciences to administer the program under this paragraph.CommentsClose CommentsPermalink
‘(D) USE OF FUNDS- An eligible entity shall use a grant received under this paragraph for--CommentsClose CommentsPermalink
‘(i) training and education of employees and contractors with roles or responsibilities described in subsection (g), including the annual mandatory training specified in subsection (g)(2), with priority given to covered treatment works assigned to tier 1 or tier 2 under subsection (h);CommentsClose CommentsPermalink
‘(ii) training of first responders in protecting nearby residents and property or the environment from the effects of a release of a substance of concern at a covered treatment works, with priority given to covered treatment works assigned to tier 1 or tier 2 under subsection (h); andCommentsClose CommentsPermalink
‘(iii) appropriate training for first responders and emergency response providers who would respond to an intentional act at a covered treatment works.CommentsClose CommentsPermalink
‘(t) Timely Provision of Threat-Related Information- The Secretary shall, upon receipt of information concerning a specific threat that is relevant to a certain covered water treatment works, provide the information in a timely manner, to the maximum extent practicable under applicable authority and in the interests of national security, to--CommentsClose CommentsPermalink
‘(1) covered treatment works;CommentsClose CommentsPermalink
‘(2) the Administrator; andCommentsClose CommentsPermalink
‘(3) the appropriate Federal, State, and local law enforcement officials.CommentsClose CommentsPermalink
‘(u) Authorization of Appropriations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- There are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2012 through 2016, of which--CommentsClose CommentsPermalink
‘(A) not more than $30,000,000 may be used during each fiscal year for administrative costs incurred by the Administrator or States, as applicable, in carrying out this section; andCommentsClose CommentsPermalink
‘(B) not more than $150,000,000 may be used during each fiscal year to implement methods to reduce the consequences of chemical releases from intentional acts at covered treatment works, with priority given to covered treatment works assigned to tier 1 or tier 2 under subsection (h).CommentsClose CommentsPermalink
‘(2) SECURITY ENHANCEMENTS- Amounts provided under this subsection for basic security enhancements shall not be used for--CommentsClose CommentsPermalink
‘(A) personnel costs; orCommentsClose CommentsPermalink
‘(B) monitoring, operation, or maintenance of facilities, equipment, or systems.CommentsClose CommentsPermalink
‘(v) Relation to Chemical Facility Security Requirements- No provision of any appropriations Act relating to chemical facility security, and no law or regulation establishing a chemical facility antiterrorism standard, shall apply to a covered treatment works under this section.’.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by paragraph (1) takes effect on the date of promulgation by the Administrator of the Environmental Protection Agency of final regulations pursuant to subsection (b)(1) of section 321 of the Federal Water Pollution Control Act (as amended by paragraph (1)).CommentsClose CommentsPermalink
(b) Effect of Section-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section or the amendment made by this section affects the applicability of any provision of title III of the Federal Water Pollution Control Act (
33 U.S.C. 1311 et seq.) (as in effect before the effective date of the amendment made by subsection (a)(1)).CommentsClose CommentsPermalink(2) VIOLATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- Nothing in this section or the amendment made by this section affects the applicability of any provision of title III of the Federal Water Pollution Control Act (
33 U.S.C. 1311 et seq.) (as in effect before the effective date of the amendment made by subsection (a)(1)) to any violation of that Act that occurs before that effective date.CommentsClose CommentsPermalink(B) REQUIREMENTS- The requirements of title III of the Federal Water Pollution Control Act (
33 U.S.C. 1311 et seq.) (as in effect before the effective date of the amendment made by subsection (a)(1)) shall remain in effect with respect to violations described in subparagraph (A) until the later of--CommentsClose CommentsPermalink
(i) the date on which the violation is corrected; andCommentsClose CommentsPermalink
(ii) the date on which enforcement proceedings relating to the violation are completed.CommentsClose CommentsPermalink
SEC. 203. STUDY TO ASSESS THREAT OF CONTAMINATION OF WASTEWATER TREATMENT WORKS.
Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Homeland Security, shall--CommentsClose CommentsPermalink
(1) conduct a study to assess--CommentsClose CommentsPermalink
(A) the threat to wastewater treatment posed by intentional acts of contamination; andCommentsClose CommentsPermalink
(B) the vulnerability of wastewater treatment works to such a threat; andCommentsClose CommentsPermalink
(2) submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the study.CommentsClose CommentsPermalink
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