II 

111TH CONGRESS 

2D SESSION S. 3598 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2010 

Mr. LAUTENBERG (for himself and Mrs. GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Secure Water Facilities Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DRINKING WATER SYSTEM SECURITY 

Sec. 101. Short title. 

Sec. 102. Intentional acts affecting security of covered water systems. 

Sec. 103. Study to assess threat of contamination of drinking water distribution systems. 

TITLE II—WASTEWATER TREATMENT WORKS SECURITY 

Sec. 201. Short title. 

Sec. 202. Wastewater treatment works security. 

Sec. 203. Study to assess threat of contamination of wastewater treatment 

works. 

3 TITLE I—DRINKING WATER 

4 SYSTEM SECURITY 

5 SEC. 101. SHORT TITLE. 

6 This title may be cited as the ‘‘Secure Drinking 

7 Water Facilities Act’’. 

8 SEC. 102. INTENTIONAL ACTS AFFECTING SECURITY OF 

9 COVERED WATER SYSTEMS. 

10 (a) AMENDMENT.— 

11 (1) IN GENERAL.—Section 1433 of the Safe 

12 Drinking Water Act (42 U.S.C. 300i–2) is amended 

13 to read as follows: 

14 ‘‘SEC. 1433. INTENTIONAL ACTS AFFECTING SECURITY OF 

15 COVERED WATER SYSTEMS. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) COVERED WATER SYSTEM.—The term 

18 ‘covered water system’ means a public water system 

19 that— 


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1 ‘‘(A) is a community water system serving 

2 a population of more than 3,300 individuals; or 

3 ‘‘(B) as determined by the Administrator, 

4 presents a security risk that requires regulation 

5 under this section. 

6 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

7 the Secretary of Homeland Security. 

8 ‘‘(b) REGULATIONS.— 

9 ‘‘(1) IN GENERAL.—Not later than 2 years 

10 after the date of enactment of the Secure Water Fa11 cilities Act, the Administrator shall promulgate final 

12 regulations to establish— 

13 ‘‘(A) risk-based performance standards for 

14 the security of covered water systems in accord15 ance with subsection (c); and 

16 ‘‘(B) requirements and deadlines for each 

17 covered water system— 

18 ‘‘(i)(I) to conduct a vulnerability as19 sessment in accordance with subsection (d) 

20 and submit the vulnerability assessment to 

21 the Administrator; or 

22 ‘‘(II) if a vulnerability assessment has 

23 already been conducted relating to the cov24 ered water system— 


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1 ‘‘(aa) to revise the assessment in 

2 accordance with subsection (d); and 

3 ‘‘(bb) to submit the revised as4 sessment to the Administrator; 

5 ‘‘(ii) to update and resubmit a vulner6 ability assessment relating to the covered 

7 water system— 

8 ‘‘(I) not less frequently than once 

9 every 5 years; and 

10 ‘‘(II) promptly after any change 

11 at the covered water system that 

12 could cause the reassignment of the 

13 covered water system to a different 

14 risk-based tier under subsection (h); 

15 ‘‘(iii) to develop, implement, revise (as 

16 appropriate), and submit to the Adminis17 trator a site security plan in accordance 

18 with subsection (e)— 

19 ‘‘(I) not less frequently than once 

20 every 5 years; and 

21 ‘‘(II) promptly after any revision 

22 to the vulnerability assessment of the 

23 covered water system under clause 

24 (ii); 


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1 ‘‘(iv)(I)(aa) to develop an emergency 

2 response plan in accordance with sub3 section (f); or 

4 ‘‘(bb) if an emergency response plan 

5 has already been developed for the covered 

6 water system, to revise the plan in accord7 ance with subsection (f); and 

8 ‘‘(II) to revise the plan not less fre9 quently than once every 5 years; and 

10 ‘‘(v) to provide annual training to em11 ployees and contractors of covered water 

12 systems regarding the implementation of 

13 site security plans and emergency response 

14 plans in accordance with subsection (g). 

15 ‘‘(2) CONSULTATION.—In promulgating regula16 tions pursuant to paragraph (1), the Administrator 

17 shall consult with— 

18 ‘‘(A) States that exercise primary enforce19 ment responsibility for public water systems; 

20 and 

21 ‘‘(B) the Secretary and other appropriate 

22 individuals and entities regarding— 

23 ‘‘(i) a process for the development and 

24 evaluation of vulnerability assessments, 


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1 site security plans, and emergency re2 sponse plans; 

3 ‘‘(ii) the development of risk-based 

4 performance standards under subsection 

5 (c); 

6 ‘‘(iii) the establishment of risk-based 

7 tiers and a process for the assignment of 

8 covered water systems to the risk-based 

9 tiers under subsection (h); 

10 ‘‘(iv) the designation of substances of 

11 concern under subsection (i); 

12 ‘‘(v) the provision of threat-related 

13 and other baseline information to covered 

14 water systems under subsection (j); 

15 ‘‘(vi) the treatment of protected infor16 mation in accordance with subsection (o); 

17 and 

18 ‘‘(vii) such other matters as the Ad19 ministrator determines to be necessary. 

20 ‘‘(c) RISK-BASED PERFORMANCE STANDARDS.— 

21 ‘‘(1) IN GENERAL.—The risk-based perform22 ance standards for site security plans under this 

23 subsection shall be— 

24 ‘‘(A) delineated by risk-based tier under 

25 subsection (h); and 


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1 ‘‘(B) increasingly stringent, based on the 

2 level of risk associated with each risk-based 

3 tier. 

4 ‘‘(2) FACTOR FOR CONSIDERATION.—In devel5 oping standards under this subsection, the Adminis6 trator shall take into consideration section 27.230 of 

7 title 6, Code of Federal Regulations (or successor 

8 regulations). 

9 ‘‘(d) VULNERABILITY ASSESSMENTS.— 

10 ‘‘(1) IN GENERAL.—A vulnerability assessment 

11 under this subsection shall include an evaluation by 

12 each covered water system of the vulnerability of the 

13 covered water system to a range of intentional acts, 

14 including any intentional act that results in a release 

15 of a substance of concern that is known, or may be 

16 reasonably anticipated, to cause death, injury, or se17 rious adverse effects to human health or the environ18 ment. 

19 ‘‘(2) MINIMUM REQUIREMENTS.—At a min20 imum, a vulnerability assessment under this sub21 section shall include a review of, with respect to the 

22 relevant covered water system— 

23 ‘‘(A) pipes and constructed conveyances; 

24 ‘‘(B) physical barriers; 


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1 ‘‘(C) water collection, pretreatment, treat2 ment, storage, and distribution facilities, includ3 ing fire hydrants; 

4 ‘‘(D) electronic, computer, and other auto5 mated systems that are used by the covered 

6 water system; 

7 ‘‘(E) the use, storage, or handling of var8 ious chemicals, including substances of concern; 

9 ‘‘(F) the operation and maintenance of the 

10 covered water system; and 

11 ‘‘(G) the resiliency and ability of the cov12 ered water system to ensure continuity of oper13 ations in the event of a disruption caused by an 

14 intentional act. 

15 ‘‘(e) SITE SECURITY PLANS.—In developing and im16 plementing a site security plan under this section, a cov17 ered water system may select layered security and pre18 paredness measures that, in combination, appropriately— 

19 ‘‘(1) address the security risks identified in the 

20 vulnerability assessment of the covered water sys21 tem; and 

22 ‘‘(2) comply with the applicable risk-based per23 formance standards required under this section. 

24 ‘‘(f) EMERGENCY RESPONSE PLANS.— 


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1 ‘‘(1) IN GENERAL.—Each covered water system 

2 shall prepare or revise, as appropriate, an emergency 

3 response plan that incorporates the results of the 

4 most recent vulnerability assessment and site secu5 rity plan of the covered water system. 

6 ‘‘(2) CONTENTS.—An emergency response plan 

7 under this subsection shall include— 

8 ‘‘(A) a description of the plans and proce9 dures, and an identification of the equipment, 

10 that can be implemented or used in the event 

11 of an intentional act at the covered water sys12 tem; and 

13 ‘‘(B) a description of the actions and pro14 cedures, and an identification of the equipment, 

15 that can obviate or significantly lessen the im16 pact on public health and the safety and supply 

17 of drinking water provided to communities and 

18 individuals of an intentional act at the covered 

19 water system. 

20 ‘‘(3) COORDINATION.— 

21 ‘‘(A) IN GENERAL.—As part of the emer22 gency response plan of a covered water system, 

23 each covered water system shall provide to the 

24 individuals and entities described in subpara25 graph (B) appropriate information to ensure an 


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1 effective collective response to an intentional act 

2 at the covered water system. 

3 ‘‘(B) DESCRIPTION OF INDIVIDUALS AND

4 ENTITIES.—An individual or entity referred to 

5 in subparagraph (A) is— 

6 ‘‘(i) a local emergency planning com7 mittee; 

8 ‘‘(ii) a State emergency response com9 mission; 

10 ‘‘(iii) a local law enforcement official; 

11 or 

12 ‘‘(iv) a local emergency response pro13 vider. 

14 ‘‘(4) CERTIFICATION.— 

15 ‘‘(A) IN GENERAL.—Not later than 180 

16 days after the date on which a vulnerability as17 sessment is completed or revised, as appro18 priate, for a covered water system under sub19 section (d), the covered water system shall sub20 mit to the Administrator a certification that the 

21 covered water system has completed an emer22 gency response plan in accordance with this 

23 subsection. 

24 ‘‘(B) UPDATES.—As soon as practicable 

25 after any update of an emergency response plan 


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1 of a covered water system under this section, a 

2 covered water system shall submit to the Ad3 ministrator an updated certification under sub4 paragraph (A). 

5 ‘‘(g) ROLE OF EMPLOYEES.— 

6 ‘‘(1) DESCRIPTION OF ROLE.—Each site secu7 rity plan and emergency response plan required 

8 under this section shall describe the appropriate 

9 roles and responsibilities that employees and con10 tractors of the covered water system are expected to 

11 perform to deter or respond to an intentional act de12 scribed in subsection (h)(2)(C). 

13 ‘‘(2) TRAINING FOR EMPLOYEES.—Not less fre14 quently than once each year, each covered water sys15 tem shall provide to employees and contractors of 

16 the covered water system with roles or responsibil17 ities described in paragraph (1) not less than 8 

18 hours of training regarding the conduct of those 

19 roles and responsibilities. 

20 ‘‘(3) EMPLOYEE PARTICIPATION.—In devel21 oping, revising, or updating a vulnerability assess22 ment, site security plan, or emergency response plan 

23 required under this section, a covered water system 

24 shall include— 


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1 ‘‘(A) at least 1 supervisory and at least 1 

2 nonsupervisory employee of the covered water 

3 system; and 

4 ‘‘(B) at least 1 representative of each cer5 tified or recognized bargaining agent rep6 resenting employees or contractors of the cov7 ered water system with roles or responsibilities 

8 described in paragraph (1), if any, in a collec9 tive bargaining relationship with the private or 

10 public owner or operator of the covered water 

11 system or a contractor to the covered water sys12 tem.

13 ‘‘(h) RISK-BASED TIERS.— 

14 ‘‘(1) ESTABLISHMENT.—The Administrator 

15 shall establish, by regulation, 4 risk-based tiers for 

16 the categorization of covered water systems under 

17 this section, with tier 1 representing the highest de18 gree of security risk. 

19 ‘‘(2) ASSIGNMENT.— 

20 ‘‘(A) IN GENERAL.—The Administrator 

21 shall assign (and reassign, as appropriate) each 

22 covered water system to 1 of the risk-based 

23 tiers established under paragraph (1). 

24 ‘‘(B) SUBMISSION OF INFORMATION.—The 

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1 tem to submit to the Administrator such infor2 mation as the Administrator determines to be 

3 necessary to determine the appropriate risk4 based tier for the covered water system. 

5 ‘‘(C) FACTORS FOR CONSIDERATION.—In 

6 assigning a covered water system to a risk7 based tier under this paragraph, the Adminis8 trator shall take into consideration— 

9 ‘‘(i) the potential consequences (such 

10 as death, injury, or serious adverse effects 

11 to human health, the environment, critical 

12 infrastructure, national security, and the 

13 national economy) of an intentional act at 

14 the covered water system— 

15 ‘‘(I) to cause a release, including 

16 a worst-case release, of a substance of 

17 concern; 

18 ‘‘(II)(aa) to introduce a contami19 nant into the drinking water supply; 

20 or 

21 ‘‘(bb) to disrupt the safe and reli22 able supply of drinking water; and 

23 ‘‘(III) to steal, misappropriate, or 

24 misuse a substance of concern; 


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1 ‘‘(ii) the size of the population served; 

2 and 

3 ‘‘(iii) the proximity of the water sys4 tem to large population centers. 

5 ‘‘(3) EXPLANATION FOR RISK-BASED TIER AS6 SIGNMENT.—The Administrator shall provide to 

7 each covered water system assigned to a risk-based 

8 tier under this subsection a written explanation of— 

9 ‘‘(A) the reasons for the assignment to 

10 that risk-based tier; and 

11 ‘‘(B) the determination by the Adminis12 trator regarding whether the covered water sys13 tem is required to submit an assessment under 

14 subsection (k)(2). 

15 ‘‘(i) SUBSTANCES OF CONCERN.—For purposes of 

16 this section, the Administrator, in consultation with the 

17 Secretary— 

18 ‘‘(1) may designate any chemical substance as 

19 a substance of concern, taking into consideration ap20 pendix A of part 27 of title 6, Code of Federal Reg21 ulations (or successor regulations); and 

22 ‘‘(2) on the designation of a chemical substance 

23 as a substance of concern under paragraph (1), shall 

24 establish, by regulation, a threshold quantity for the 


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1 release or theft of the chemical substance, taking 

2 into consideration— 

3 ‘‘(A) the toxicity, reactivity, volatility, 

4 dispersability, combustibility, and flammability 

5 of the chemical substance; and 

6 ‘‘(B) the quantity of the chemical sub7 stance that, as a result of a release, is known, 

8 or may be reasonably anticipated, to cause 

9 death, injury, or serious adverse effects to 

10 human health or the environment. 

11 ‘‘(j) BASELINE INFORMATION.—To facilitate compli12 ance with the requirements of this section, as soon as 

13 practicable after the effective date of the regulations pro14 mulgated pursuant to subsection (b), and thereafter as ap15 propriate, the Administrator, after consultation with ap16 propriate Federal departments and agencies and State, 

17 local, and tribal governments, shall provide baseline infor18 mation to covered water systems regarding the types of 

19 intentional acts that constitute probable threats with re20 spect to— 

21 ‘‘(1) the substantial disruption of the ability of 

22 the covered water system to provide a safe and reli23 able supply of drinking water; 

24 ‘‘(2) the release of a substance of concern at 

25 the covered water system; or 


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1 ‘‘(3) the theft, misuse, or misappropriation of a 

2 substance of concern at the covered water system. 

3 ‘‘(k) METHODS TO REDUCE CONSEQUENCES OF

4 CHEMICAL RELEASES FROM INTENTIONAL ACTS.— 

5 ‘‘(1) DEFINITION OF METHOD TO REDUCE THE

6 CONSEQUENCES OF A CHEMICAL RELEASE FROM AN

7 INTENTIONAL ACT.— 

8 ‘‘(A) IN GENERAL.—In this subsection, the 

9 term ‘method to reduce the consequences of a 

10 chemical release from an intentional act’ means 

11 a measure at a covered water system that re12 duces or eliminates the potential consequences 

13 of a release of a substance of concern from an 

14 intentional act. 

15 ‘‘(B) INCLUSIONS.—The term ‘method to 

16 reduce the consequences of a chemical release 

17 from an intentional act’ includes— 

18 ‘‘(i) the elimination or reduction in 

19 quantity of a substance of concern pos20 sessed or planned to be possessed by a cov21 ered water system through the use of alter22 nate substances, formulations, or proc23 esses; 


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1 ‘‘(ii) the modification of the pressure, 

2 temperature, or concentration of a sub3 stance of concern; and 

4 ‘‘(iii) the reduction or elimination of 

5 onsite handling of a substance of concern 

6 through improvement of inventory control 

7 or chemical use efficiency. 

8 ‘‘(2) ASSESSMENT.— 

9 ‘‘(A) IN GENERAL.—Each covered water 

10 system that possesses or plans to possess a sub11 stance of concern in excess of the release 

12 threshold quantity established by the Adminis13 trator under subsection (i)(1)(B) shall— 

14 ‘‘(i) include in the site security plan of 

15 the covered water system an assessment of 

16 methods to reduce the consequences of a 

17 chemical release from an intentional act at 

18 the covered water system; and 

19 ‘‘(ii) submit the assessment under 

20 clause (i) to— 

21 ‘‘(I) the Administrator; and 

22 ‘‘(II) the State exercising pri23 mary enforcement responsibility for 

24 the covered water system, if any. 


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1 ‘‘(B) FACTORS FOR CONSIDERATION.—In 

2 preparing an assessment under this paragraph, 

3 a covered water system shall take into consider4 ation factors appropriate to the security, public 

5 health, and environmental mission of the cov6 ered water system. 

7 ‘‘(C) INCLUSIONS.—Each assessment 

8 under this paragraph shall include a description 

9 of— 

10 ‘‘(i) the methods to reduce the con11 sequences of a chemical release from an in12 tentional act at the covered water system; 

13 ‘‘(ii) the means by which each method 

14 to reduce the consequences of a chemical 

15 release from an intentional act at the cov16 ered water system could, if applied— 

17 ‘‘(I) reduce the potential extent 

18 of death, injury, or serious adverse ef19 fects to human health resulting from 

20 the chemical release; and 

21 ‘‘(II) affect the presence of con22 taminants in treated water, human 

23 health, or the environment; 

24 ‘‘(iii) whether each described method 

25 to reduce the consequences of a chemical 


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1 release from an intentional act at the cov2 ered water system is feasible (as defined in 

3 section 1412(b)(4)(D)), not including con4 sideration of the costs calculated under 

5 clause (iv); 

6 ‘‘(iv) the costs (including capital and 

7 operational costs) and avoided costs (in8 cluding savings and liabilities) associated 

9 with applying each method to reduce the 

10 consequences of a chemical release from an 

11 intentional act at the covered water sys12 tem; 

13 ‘‘(v) any other relevant information 

14 relied on by the covered water system in 

15 conducting the assessment; 

16 ‘‘(vi) whether the covered water sys17 tem has implemented or plans to imple18 ment 1 or more methods to reduce the con19 sequences of a chemical release from an in20 tentional act, a description of any such 

21 method; and 

22 ‘‘(vii) in the case of a covered water 

23 system described in paragraph (3)(A), an 

24 explanation of the reasons for any decision 

25 not to implement a method to reduce the 


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1 consequences of a chemical release from an 

2 intentional act at the covered water sys3 tem. 

4 ‘‘(3) REQUIRED METHODS.— 

5 ‘‘(A) APPLICABILITY.—This paragraph ap6 plies to a covered water system that— 

7 ‘‘(i) is assigned to 1 of the 2 highest 

8 risk-based tiers under subsection (h); and 

9 ‘‘(ii) possesses or plans to possess a 

10 substance of concern in excess of the re11 lease threshold quantity established by the 

12 Administrator under subsection (i)(1)(B). 

13 ‘‘(B) HIGHEST-RISK SYSTEMS.—If, on the 

14 basis of an assessment under paragraph (2), a 

15 covered water system described in subparagraph 

16 (A) decides not to implement a method to re17 duce the consequences of a chemical release 

18 from an intentional act at the covered water 

19 system— 

20 ‘‘(i) the State exercising primary en21 forcement responsibility for the covered 

22 water system (if the covered water system 

23 is located in such a State) shall, in accord24 ance with a timeline established by the Ad25 ministrator— 


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1 ‘‘(I) determine whether to require 

2 the covered water system to imple3 ment the method to reduce the con4 sequences of a chemical release from 

5 an intentional act; and 

6 ‘‘(II) notify the Administrator of 

7 the determination; or 

8 ‘‘(ii) the Administrator (if the covered 

9 water system is not located in a State that 

10 exercises primary enforcement responsi11 bility for the covered water system) shall 

12 determine whether to require the covered 

13 water system to implement the method to 

14 reduce the consequences of a chemical re15 lease from an intentional act. 

16 ‘‘(C) FACTORS FOR CONSIDERATION.—Be17 fore making a determination to require imple18 mentation of a method to reduce consequences 

19 of a chemical release from an intentional act 

20 under clause (i)(I) or (ii) of subparagraph (B), 

21 the State or the Administrator, as applicable, 

22 shall take into consideration factors appropriate 

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1 ble method to reduce the consequences of a 

2 chemical release from an intentional act— 

3 ‘‘(i) would significantly reduce the 

4 risk of death, injury, or serious adverse ef5 fects to human health resulting directly 

6 from a chemical release from an inten7 tional act at the covered water system; 

8 ‘‘(ii) would not increase the interim 

9 storage of a substance of concern by the 

10 covered water system; 

11 ‘‘(iii) would not render the covered 

12 water system unable to comply with— 

13 ‘‘(I) other requirements of this 

14 Act; or 

15 ‘‘(II) drinking water standards 

16 established by the State or political 

17 subdivision in which the covered water 

18 system is located; and 

19 ‘‘(iv) is feasible (as defined in section 

20 1412(b)(4)(D)) to be incorporated into the 

21 operation of the covered water system. 

22 ‘‘(D) APPEALS.—If a determination is 

23 made to require a covered water system to im24 plement a method to reduce the consequences of 

25 a chemical release from an intentional act 


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1 under clause (i)(I) or (ii) of subparagraph (B), 

2 the State or the Administrator, as applicable, 

3 shall provide to the affected covered water sys4 tem an opportunity to appeal the determination, 

5 including the opportunity for a determination of 

6 consequences of an intentional act occurring 

7 outside the covered water system pursuant to 

8 subparagraph (E). 

9 ‘‘(E) CONSEQUENCES OF AN INTENTIONAL

10 ACT OCCURRING OUTSIDE A COVERED WATER

11 SYSTEM.— 

12 ‘‘(i) IN GENERAL.—A covered water 

13 system may request, as part of an appeal 

14 under subparagraph (D), a determination 

15 of whether the implementation of a method 

16 to reduce the consequences of a chemical 

17 release from an intentional act would re18 sult in a significant increase in the existing 

19 potential consequences of an intentional 

20 act occurring outside the covered water 

21 system that is directly related to the meth22 od to reduce consequences of an intentional 

23 act at the covered water system that is the 

24 subject of the appeal. 


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1 ‘‘(ii) DUTIES UPON RECEIPT OF RE2 QUEST.—Upon receiving a request under 

3 clause (i)— 

4 ‘‘(I) the State exercising primary 

5 enforcement responsibility for the cov6 ered water system (if the covered 

7 water system is located in such a 

8 State) shall notify the Administrator, 

9 and the Administrator shall consult 

10 with the Secretary, as necessary, to 

11 quantify whether there will be a sig12 nificant increase in the existing poten13 tial consequences of an intentional act 

14 occurring outside the covered water 

15 system (that is directly related to the 

16 method to reduce consequences of an 

17 intentional act at the covered water 

18 system that is the subject of the ap19 peal) as compared to the consequences 

20 of a chemical release at the covered 

21 water system that would be reduced 

22 by the implementation of the method; 

23 or 

24 ‘‘(II) the Administrator (if the 

25 covered water system is not located in 


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1 a State exercising primary enforce2 ment responsibility for the covered 

3 water system) shall consult with the 

4 Secretary, as necessary, to quantify 

5 whether there will be a significant in6 crease in the existing potential con7 sequences of an intentional act occur8 ring outside the covered water system 

9 (that is directly related to the method 

10 to reduce consequences of an inten11 tional act at the covered water system 

12 that is the subject of the appeal) as 

13 compared to the consequences of a 

14 chemical release at the covered water 

15 system that would be reduced by the 

16 implementation of the method. 

17 ‘‘(iii) SIGNIFICANTLY INCREASED

18 CONSEQUENCES OUTSIDE COVERED WATER

19 SYSTEM.—If a determination is made pur20 suant to subclause (I) or (II) of clause (ii) 

21 that implementation of a method to reduce 

22 consequences of a chemical release from an 

23 intentional act pursuant to clause (i)(I) or 

24 (ii) of subparagraph (B) would result in a 

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1 tial consequences of an intentional act oc2 curring outside the covered water system 

3 as compared to the reduced consequences 

4 of a chemical release at the covered water 

5 system, the State exercising primary en6 forcement responsibility for the covered 

7 water system (if the covered water system 

8 is located in such a State), or the Adminis9 trator (if the covered water system is not 

10 located in a State exercising primary en11 forcement responsibility for the covered 

12 water system), shall take into consider13 ation the determination made under this 

14 paragraph when making a final determina15 tion under clause (i)(I) or (ii) of subpara16 graph (B). 

17 ‘‘(4) INCOMPLETE AND LATE ASSESSMENTS.— 

18 ‘‘(A) INCOMPLETE ASSESSMENTS.— 

19 ‘‘(i) IN GENERAL.—If the Adminis20 trator determines that a covered water sys21 tem failed to meet the requirements of this 

22 subsection in conducting an assessment, 

23 the Administrator, after notifying the cov24 ered water system and the State exercising 

25 primary enforcement responsibility for the 


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1 covered water system, if any, shall require 

2 the covered water system to submit a re3 vised assessment in accordance with this 

4 subsection by not later than 60 days after 

5 the date of receipt of notification. 

6 ‘‘(ii) REVIEW.—The State exercising 

7 primary enforcement responsibility for a 

8 covered water system subject to clause (i) 

9 (if the covered water system is located in 

10 such a State) or the Administrator (if the 

11 covered water system is not located in such 

12 a State) shall review a revised assessment 

13 submitted under clause (i) to determine 

14 whether to require the covered water sys15 tem to implement any method to reduce 

16 the consequences of an intentional act pur17 suant to paragraph (3). 

18 ‘‘(B) LATE ASSESSMENTS.—If the Admin19 istrator determines that a covered water system 

20 failed to complete an assessment under this 

21 subsection in accordance with the deadline es22 tablished for completion by the Administrator, 

23 the Administrator, after notifying the covered 

24 water system and the State exercising primary 

25 enforcement responsibility for the covered water 


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1 system, if any, may take appropriate enforce2 ment action under subsection (q). 

3 ‘‘(5) FAILURES BY STATE TO ACT.— 

4 ‘‘(A) DETERMINATIONS.— 

5 ‘‘(i) IN GENERAL.—If the Adminis6 trator determines that a State exercising 

7 primary enforcement responsibility for a 

8 covered water system has failed to deter9 mine whether to require the covered water 

10 system to implement a method to reduce 

11 the consequences of a chemical release 

12 from an intentional act, as required by 

13 paragraph (3)(B)(i)(I), the Administrator 

14 shall notify the State and the applicable 

15 covered water system of the determination. 

16 ‘‘(ii) ACTION BY ADMINISTRATOR.—If 

17 a State has failed to make a determination 

18 required by paragraph (3)(B)(i)(I) by the 

19 date that is 30 days after the date of re20 ceipt of the notice of the Administrator 

21 under clause (i), the Administrator shall— 

22 ‘‘(I) notify the State and the ap23 plicable covered water system of the 

24 failure by the State to make the de25 termination; and 


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1 ‘‘(II) determine whether to re2 quire the covered water system to im3 plement the applicable method to re4 duce the consequences of a chemical 

5 release from an intentional act, based 

6 on the factors described in paragraph 

7 (3)(C). 

8 ‘‘(B) ENFORCEMENT ACTIONS.— 

9 ‘‘(i) IN GENERAL.—If the Adminis10 trator determines that a covered water sys11 tem, with respect to a period in which a 

12 State has primary enforcement responsi13 bility for the system, has failed to imple14 ment a method to reduce the consequences 

15 of a chemical release from an intentional 

16 act that is required by the State or the Ad17 ministrator under paragraph (3)(B), or by 

18 the Administrator under subparagraph 

19 (A), the Administrator shall notify the 

20 State and the covered water system of the 

21 determination. 

22 ‘‘(ii) ENFORCEMENT ACTIONS.—If the 

23 Administrator determines that a State has 

24 failed to commence an appropriate enforce25 ment action by the date that is 30 days 


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1 after the date of notification by the Admin2 istrator under clause (i), the Administrator 

3 shall— 

4 ‘‘(I) notify the State and the ap5 plicable covered water system of the 

6 determination; and 

7 ‘‘(II) determine whether to com8 mence an appropriate enforcement ac9 tion against the covered water system 

10 in accordance with subsection (q) to 

11 require the implementation of the rel12 evant method to reduce the con13 sequences of a chemical release from 

14 an intentional act at the covered 

15 water system. 

16 ‘‘(C) CONSIDERATION OF CONTINUED PRI17 MARY ENFORCEMENT RESPONSIBILITY.—The 

18 Administrator may take into consideration the 

19 failure of a State with primary enforcement re20 sponsibility for a covered water system to make 

21 a determination as described in subparagraph 

22 (A), or to bring an enforcement action as de23 scribed in subparagraph (B), in determining 

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1 ment responsibility for the covered water sys2 tem under this Act. 

3 ‘‘(6) GUIDANCE FOR COVERED WATER SYS4 TEMS.— 

5 ‘‘(A) GUIDANCE.—Not later than 180 days 

6 after the date of enactment of the Secure Water 

7 Facilities Act, the Administrator shall develop, 

8 and update thereafter as appropriate, non9 binding guidance, including guidance regarding 

10 Federal procurement, to assist covered water 

11 systems in assessing and implementing methods 

12 to reduce consequences of a chemical release 

13 from an intentional act by reducing or elimi14 nating reliance on the use of threshold quan15 tities of substances of concern at the covered 

16 water systems, as established under subsection 

17 (i)(1)(B). 

18 ‘‘(B) RECOMMENDATIONS.—The Adminis19 trator shall, as appropriate, provide or rec20 ommend tools, methodologies, or computer soft21 ware to assist covered water systems assigned 

22 to tier 3 or tier 4 under subsection (h) and re23 quired to conduct an assessment under para24 graph (2) to achieve compliance with the re25 quirements of this section. 


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1 ‘‘(l) REVIEW BY ADMINISTRATOR.— 

2 ‘‘(1) IN GENERAL.—Each covered water system 

3 shall submit to the Administrator the vulnerability 

4 assessment and site security plan of the covered 

5 water system, in accordance with such deadline as 

6 the Administrator may establish. 

7 ‘‘(2) REVIEW.—The Administrator shall— 

8 ‘‘(A) review each vulnerability assessment 

9 and site security plan submitted under this sub10 section; and 

11 ‘‘(B)(i) if the assessment or plan has any 

12 significant deficiency described in paragraph 

13 (3), require the covered water system to correct 

14 the deficiency; or 

15 ‘‘(ii) approve the assessment or plan. 

16 ‘‘(3) SIGNIFICANT DEFICIENCIES.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), a vulnerability assessment or site se19 curity plan of a covered water system has a sig20 nificant deficiency under this paragraph if the 

21 Administrator, in consultation with the State 

22 exercising primary enforcement responsibility 

23 for the covered water system, if any, determines 

24 that— 


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1 ‘‘(i) the vulnerability assessment does 

2 not comply with the regulations promul3 gated pursuant to subsection (b); or 

4 ‘‘(ii) the site security plan fails— 

5 ‘‘(I) to meet applicable risk-based 

6 performance standards under sub7 section (c); or 

8 ‘‘(II) to address a vulnerability 

9 identified in the vulnerability assess10 ment under subsection (d). 

11 ‘‘(B) EXCLUSION.—A deficiency in the 

12 content or implementation of the portion of the 

13 site security plan of a covered water system re14 lating to methods to reduce the consequences of 

15 a chemical release from an intentional act shall 

16 not be considered to be a significant deficiency 

17 under this paragraph. 

18 ‘‘(4) IDENTIFICATION OF DEFICIENCIES.—If 

19 the Administrator identifies a significant deficiency 

20 in the vulnerability assessment or site security plan 

21 of a covered water system under paragraph (3), the 

22 Administrator shall provide to the covered water sys23 tem a written notification of the deficiency that— 

24 ‘‘(A) includes a clear explanation of the de25 ficiency; 


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1 ‘‘(B) provides guidance to assist the cov2 ered water system in addressing the deficiency; 

3 and 

4 ‘‘(C) requires the covered water system— 

5 ‘‘(i) to correct the deficiency; and 

6 ‘‘(ii) by such date as the Adminis7 trator determines to be appropriate, to 

8 submit to the Administrator a revised vul9 nerability assessment or site security plan. 

10 ‘‘(5) STATE, REGIONAL, AND LOCAL GOVERN11 MENTAL ENTITIES.—No covered water system shall 

12 be required under State, local, or tribal law to pro13 vide a vulnerability assessment or site security plan 

14 under this section to any State, regional, local, or 

15 tribal governmental entity solely due to the require16 ment of paragraph (1) to submit such an assessment 

17 or plan to the Administrator. 

18 ‘‘(m) MAINTENANCE OF RECORDS.—Each covered 

19 water system shall maintain an updated copy of the vul20 nerability assessment, site security plan, and emergency 

21 response plan of the covered water system. 

22 ‘‘(n) AUDITS; INSPECTIONS.— 

23 ‘‘(1) IN GENERAL.—Notwithstanding section 

24 1445(b)(2), the Administrator (or a designee) shall 


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1 audit and inspect covered water systems as nec2 essary to determine compliance with this section. 

3 ‘‘(2) ACCESS.—In conducting an audit or in4 spection of a covered water system under this sub5 section, the Administrator shall have access to the 

6 owners, operators, employees, contractors, and em7 ployee representatives, if any, of the covered water 

8 system. 

9 ‘‘(3) CONFIDENTIAL COMMUNICATION OF IN10 FORMATION; AIDING INSPECTIONS.— 

11 ‘‘(A) CONFIDENTIAL COMMUNICATION OF

12 INFORMATION.—The Administrator shall offer 

13 nonsupervisory employees of a covered water 

14 system the opportunity to confidentially com15 municate to the Administrator information rel16 evant to the compliance or noncompliance by 

17 the covered water system with the requirements 

18 of this section (including regulations promul19 gated pursuant to this section). 

20 ‘‘(B) AIDING INSPECTIONS.—A representa21 tive of each certified or recognized bargaining 

22 agent described in subsection (g)(3)(B), or a 

23 nonsupervisory employee if no such representa24 tive exists, shall be given an opportunity to ac25 company the Administrator during any physical 


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1 inspection of a covered water system under this 

2 subsection to assist in the inspection, if a rep3 resentative of the covered water system will also 

4 be accompanying the Administrator during the 

5 inspection. 

6 ‘‘(o) PROTECTION OF INFORMATION.— 

7 ‘‘(1) DEFINITION OF PROTECTED INFORMA8 TION.— 

9 ‘‘(A) IN GENERAL.—In this section, the 

10 term ‘protected information’ means— 

11 ‘‘(i) a vulnerability assessment or site 

12 security plan under this section (including 

13 any assessment developed under subsection 

14 (k)(2)); 

15 ‘‘(ii) any document directly relating to 

16 a review by the Administrator of an assess17 ment or plan described in clause (i), and, 

18 where applicable, review by a State of an 

19 assessment developed under subsection 

20 (k)(2); 

21 ‘‘(iii) any document directly relating 

22 to an inspection or audit under subsection 

23 (n); 

24 ‘‘(iv) any order, notice, or letter re25 garding the compliance of a covered water 


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1 system with the requirements of this sec2 tion; 

3 ‘‘(v) any information, document, or 

4 record required to be provided to, or cre5 ated by, the Administrator under sub6 section (h); 

7 ‘‘(vi) any document directly related 

8 to— 

9 ‘‘(I) a security drill or training 

10 exercise; 

11 ‘‘(II) a security threat or breach; 

12 or 

13 ‘‘(III) maintenance, calibration, 

14 or testing of security equipment; and 

15 ‘‘(vii) any other information, docu16 ment, or record developed exclusively for 

17 purposes of this section, the disclosure of 

18 which, as determined by the Administrator, 

19 by regulation, would be detrimental to the 

20 security of 1 or more covered water sys21 tems. 

22 ‘‘(B) DETRIMENT REQUIREMENT.—For 

23 purposes of clauses (ii) through (vi) of subpara24 graph (A), the only portion of any document, 

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1 sidered to be protected information is any por2 tion— 

3 ‘‘(i) the disclosure of which, as deter4 mined by the Administrator, by regulation, 

5 would be detrimental to the security of 1 

6 or more covered water systems; and 

7 ‘‘(ii) that is developed by the Adminis8 trator, a State, or a covered water system 

9 for purposes of this section. 

10 ‘‘(C) EXCLUSIONS.—The term ‘protected 

11 information’ does not include— 

12 ‘‘(i) any information, other than a vul13 nerability assessment or site security plan, 

14 that the Administrator has determined, by 

15 regulation— 

16 ‘‘(I) to be appropriate to dem17 onstrate compliance by a covered 

18 water system with the requirements of 

19 this section; and 

20 ‘‘(II) would not be detrimental to 

21 the security of any covered water sys22 tem if disclosed; or 

23 ‘‘(ii) any information that is obtained 

24 from another source with respect to which 

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1 mination under subparagraph (A)(vii) or 

2 (B), regardless of whether the information 

3 is included in an assessment or plan under 

4 this section, including— 

5 ‘‘(I) information that is required 

6 to be made publicly available under 

7 any other provision of law; and 

8 ‘‘(II) information that a covered 

9 water system has lawfully disclosed 

10 other than through a submission to 

11 the Administrator under this section. 

12 ‘‘(2) PROHIBITION.—Protected information— 

13 ‘‘(A) shall be exempt from disclosure under 

14 section 552 of title 5, United States Code; and 

15 ‘‘(B) shall not be made available pursuant 

16 to any State, local, or tribal law requiring dis17 closure of information or records. 

18 ‘‘(3) INFORMATION SHARING.— 

19 ‘‘(A) IN GENERAL.—The Administrator 

20 shall promulgate such regulations, and may 

21 issue such orders, as the Administrator deter22 mines to be necessary to prohibit the unauthor23 ized disclosure of protected information. 

24 ‘‘(B) SHARING OF PROTECTED INFORMA25 TION.— 


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1 ‘‘(i) IN GENERAL.—The regulations 

2 under subparagraph (A) shall establish 

3 standards for, and facilitate, the appro4 priate sharing of protected information 

5 among— 

6 ‘‘(I) Federal, State, local, and 

7 tribal authorities; 

8 ‘‘(II) first responders; 

9 ‘‘(III) law enforcement officials; 

10 ‘‘(IV) designated supervisory and 

11 nonsupervisory covered water system 

12 personnel with security, operational, 

13 or fiduciary responsibility for the cov14 ered water system; and 

15 ‘‘(V) designated employee rep16 resentatives of covered water systems, 

17 if any. 

18 ‘‘(ii) INCLUSIONS.—The standards es19 tablished under clause (i) shall include pro20 cedures for the sharing of all portions of a 

21 vulnerability assessment or site security 

22 plan of a covered water system relating to 

23 the roles and responsibilities of employees 

24 or contractors of the covered water system 

25 under subsection (g) with— 


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•S 3598 IS

1 ‘‘(I) a representative of each cer2 tified or recognized bargaining agent 

3 representing those employees and con4 tractors, if any; or 

5 ‘‘(II) if a representative described 

6 in subclause (I) does not exist, at 

7 least 1 supervisory and at least 1 non8 supervisory employee with roles and 

9 responsibilities described in subsection 

10 (g). 

11 ‘‘(C) PENALTIES.— 

12 ‘‘(i) IN GENERAL.—Protected infor13 mation shall not be shared, except in ac14 cordance with the standards established 

15 and orders issued pursuant to subpara16 graph (A). 

17 ‘‘(ii) KNOWING VIOLATION.—Whoever 

18 discloses protected information in knowing 

19 violation of the regulations promulgated 

20 under paragraph (1) shall— 

21 ‘‘(I) be fined under title 18, 

22 United States Code, imprisoned for 

23 not more than 1 year, or both; and 


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1 ‘‘(II) in the case of a Federal of2 ficeholder or employee, removed from 

3 Federal office or employment. 

4 ‘‘(4) TREATMENT OF INFORMATION IN ADJU5 DICATIVE PROCEEDINGS.—In any judicial or admin6 istrative proceeding, protected information shall be 

7 treated in a manner consistent with the treatment of 

8 sensitive security information under section 525 of 

9 the Department of Homeland Security Appropria10 tions Act, 2007 (Public Law 109–295; 120 Stat. 

11 1381). 

12 ‘‘(5) OTHER OBLIGATIONS UNAFFECTED.—Ex13 cept as provided in subsection (l)(5), nothing in this 

14 section modifies or otherwise affects an obligation of 

15 a covered water system— 

16 ‘‘(A) to submit or make available informa17 tion to employees of the covered water system, 

18 employee organizations, health professionals, 

19 emergency response organizations, or a Federal, 

20 State, tribal, or local government agency under 

21 any other provision of law; or 

22 ‘‘(B) to comply with any other provision of 

23 law. 


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1 ‘‘(6) CONGRESSIONAL OVERSIGHT.—Nothing in 

2 this section authorizes the withholding of informa3 tion from Congress. 

4 ‘‘(7) DISCLOSURE OF INDEPENDENTLY FUR5 NISHED INFORMATION.—Nothing in this section 

6 modifies or otherwise affects any authority or obliga7 tion of a Federal, State, local, or tribal agency to 

8 protect or disclose any record or information that 

9 the Federal, State, local, or tribal agency obtains 

10 from a covered water system or the Administrator 

11 under any other provision of law. 

12 ‘‘(p) PREEMPTION.—Nothing in this section pre13 cludes or denies the right of any State or political subdivi14 sion of a State to adopt or enforce any regulation, require15 ment, or standard of performance with respect to a cov16 ered water system that is more stringent than a regula17 tion, requirement, or standard of performance established 

18 under this section. 

19 ‘‘(q) VIOLATIONS.— 

20 ‘‘(1) IN GENERAL.—A covered water system 

21 that violates any requirement of this section (includ22 ing by failing to implement all or part of an applica23 ble site security plan by such date as the Adminis24 trator may require) shall be liable for a civil penalty 


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1 in an amount equal to not more than $25,000 for 

2 each day of the violation. 

3 ‘‘(2) PROCEDURE.—On a determination by the 

4 Administrator that a covered water system is subject 

5 to a civil penalty under paragraph (1), the Adminis6 trator, after consultation with the State for a cov7 ered water system located in a State exercising pri8 mary responsibility for the covered water system, 

9 and after taking into consideration the severity of 

10 the violation or deficiency and the record of the cov11 ered water system in carrying out the requirements 

12 of this section, may— 

13 ‘‘(A) after providing notice and an oppor14 tunity for the covered water system to be heard, 

15 issue an order— 

16 ‘‘(i) assessing a penalty under para17 graph (1) for any past or current violation; 

18 and 

19 ‘‘(ii) requiring compliance immediately 

20 or within a specified time period; or 

21 ‘‘(B) commence a civil action in the United 

22 States district court in the district in which the 

23 violation occurred for appropriate relief, includ24 ing temporary or permanent injunction. 


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1 ‘‘(3) METHODS TO REDUCE CONSEQUENCES OF

2 CHEMICAL RELEASES FROM INTENTIONAL ACTS.— 

3 Except as provided in paragraphs (4) and (5) of 

4 subsection (k), if a covered water system is located 

5 in a State exercising primary enforcement responsi6 bility for the covered water system, the Adminis7 trator may not issue an order or commence a civil 

8 action under this section for any deficiency in the 

9 content or implementation of the portion of the site 

10 security plan of the covered water system relating to 

11 methods to reduce the consequences of a chemical 

12 release from an intentional act (as defined in sub13 section (k)(1)). 

14 ‘‘(r) REPORTS TO CONGRESS.— 

15 ‘‘(1) ANNUAL REPORT.—Not later than 3 years 

16 after the effective date of the regulations promul17 gated pursuant to subsection (b), and annually 

18 thereafter for each of the following 8 calendar years, 

19 the Administrator shall submit to the Committee on 

20 Environment and Public Works of the Senate and 

21 the Committee on Energy and Commerce of the 

22 House of Representatives a report describing the 

23 progress made during the reporting period in achiev24 ing compliance with this section, including, at a min25 imum— 


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1 ‘‘(A) a generalized summary of measures 

2 implemented by covered water systems to meet 

3 each risk-based performance standard estab4 lished under subsection (c); and 

5 ‘‘(B) a summary of the means by which— 

6 ‘‘(i) covered water systems, as cat7 egorized by risk-based tier assignment 

8 under subsection (h), are achieving compli9 ance with the requirements of this section; 

10 and 

11 ‘‘(ii) the Administrator is imple12 menting and enforcing those requirements, 

13 including a description of— 

14 ‘‘(I) the number of public water 

15 systems that provided information to 

16 the Administrator pursuant to sub17 section (h)(2)(B); 

18 ‘‘(II) the number of covered 

19 water systems assigned to each risk20 based tier under subsection (h); 

21 ‘‘(III) the number of vulnerability 

22 assessments and site security plans— 

23 ‘‘(aa) submitted by covered 

24 water systems; and 


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1 ‘‘(bb) approved and dis2 approved by the Administrator; 

3 ‘‘(IV) the number of covered 

4 water systems without approved vul5 nerability assessments or site security 

6 plans in place; 

7 ‘‘(V)(aa) the number of covered 

8 water systems that have been assigned 

9 to a different risk-based tier or are no 

10 longer regulated by the Administrator 

11 under this section due to implementa12 tion of a method to reduce the con13 sequences of a chemical release from 

14 an intentional act; and 

15 ‘‘(bb) a description of the types 

16 of each such method to reduce the 

17 consequences of a chemical release 

18 from an intentional act; 

19 ‘‘(VI) the number of audits and 

20 inspections conducted by the Adminis21 trator (or a designee) under sub22 section (n); 

23 ‘‘(VII) the number of orders for 

24 compliance issued by the Adminis25 trator under subsection (q); 


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1 ‘‘(VIII) the administrative pen2 alties assessed by the Administrator 

3 for noncompliance with the require4 ments of this section; 

5 ‘‘(IX) the civil penalties assessed 

6 by courts for noncompliance with the 

7 requirements of this section; and 

8 ‘‘(X) any other regulatory data 

9 the Administrator determines to be 

10 appropriate to describe— 

11 ‘‘(aa) compliance by covered 

12 water systems with the require13 ments of this section; and 

14 ‘‘(bb) the implementation by 

15 the Administrator of those re16 quirements. 

17 ‘‘(2) PUBLIC AVAILABILITY.—Each report sub18 mitted under this section shall be made publicly 

19 available. 

20 ‘‘(s) GRANT PROGRAMS.— 

21 ‘‘(1) IMPLEMENTATION GRANTS TO STATES.— 

22 The Administrator may provide grants to, or enter 

23 into cooperative agreements with, States, based on 

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1 trator, to assist the States in implementing this sec2 tion. 

3 ‘‘(2) RESEARCH, TRAINING, AND TECHNICAL

4 ASSISTANCE GRANTS.—The Administrator may pro5 vide grants to, or enter into cooperative agreements 

6 with, nonprofit organizations to provide research, 

7 training, and technical assistance to covered water 

8 systems to assist the covered water systems in 

9 achieving compliance with this section. 

10 ‘‘(3) PREPARATION GRANTS.— 

11 ‘‘(A) GRANTS.—The Administrator may 

12 provide grants to, or enter into cooperative 

13 agreements with, covered water systems to as14 sist the covered water systems in— 

15 ‘‘(i) preparing and updating vulner16 ability assessments, site security plans, and 

17 emergency response plans; 

18 ‘‘(ii) assessing and implementing 

19 methods to reduce the consequences of a 

20 release of a substance of concern from an 

21 intentional act; and 

22 ‘‘(iii) implementing any other security 

23 reviews or enhancements that are nec24 essary to achieve compliance with this sec25 tion. 


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1 ‘‘(B) PRIORITY.— 

2 ‘‘(i) NEED.—In providing grants and 

3 entering into cooperative agreements under 

4 subparagraph (A)(i), the Administrator 

5 shall give priority to covered water systems 

6 that, as determined by the Administrator, 

7 have the greatest need. 

8 ‘‘(ii) SECURITY RISK.—In providing 

9 grants and entering into cooperative agree10 ments under subparagraph (A)(ii), the Ad11 ministrator shall give priority to covered 

12 water systems that, as determined by the 

13 Administrator, present the greatest secu14 rity risk. 

15 ‘‘(4) WORKER TRAINING GRANTS.— 

16 ‘‘(A) DEFINITION OF ELIGIBLE ENTITY.— 

17 In this paragraph, the term ‘eligible entity’ 

18 means a nonprofit organization with dem19 onstrated experience in implementing and oper20 ating successful worker or first responder 

21 health and safety or security training programs. 

22 ‘‘(B) GRANTS.—The Administrator shall 

23 establish a program under which the Adminis24 trator shall provide grants to eligible entities to 

25 provide for training and education of— 


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1 ‘‘(i) employees and contractors of cov2 ered water systems with roles or respon3 sibilities described in subsection (g); and 

4 ‘‘(ii) first responders and emergency 

5 response providers who would respond to 

6 an intentional act at a covered water sys7 tem. 

8 ‘‘(C) ADMINISTRATION.—The Adminis9 trator shall offer to enter into an agreement 

10 with the National Institute of Environmental 

11 Health Sciences to administer the program 

12 under this paragraph. 

13 ‘‘(D) USE OF FUNDS.—An eligible entity 

14 shall use a grant received under this paragraph 

15 for— 

16 ‘‘(i) training and education of employ17 ees and contractors with roles or respon18 sibilities described in subsection (g), in19 cluding the annual mandatory training 

20 specified in subsection (g)(2), with priority 

21 given to covered water systems assigned to 

22 tier 1 or tier 2 under subsection (h); 

23 ‘‘(ii) training of first responders in 

24 protecting nearby residents and property 

25 or the environment from the effects of a 


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•S 3598 IS

1 release of a substance of concern at a cov2 ered water system, with priority given to 

3 covered water systems assigned to tier 1 or 

4 tier 2 under subsection (h); and 

5 ‘‘(iii) appropriate training for first re6 sponders and emergency response pro7 viders who would respond to an intentional 

8 act at a covered water system. 

9 ‘‘(t) TIMELY PROVISION OF THREAT-RELATED IN10 FORMATION.—The Secretary shall, upon receipt of infor11 mation concerning a specific threat that is relevant to a 

12 certain covered water system, provide the information in 

13 a timely manner, to the maximum extent practicable under 

14 applicable authority and in the interests of national secu15 rity, to— 

16 ‘‘(1) the covered water system; 

17 ‘‘(2) the Administrator; and 

18 ‘‘(3) appropriate Federal, State, and local law 

19 enforcement officials. 

20 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.— 

21 ‘‘(1) IN GENERAL.—There is authorized to be 

22 appropriated to carry out this section $340,000,000 

23 for each of fiscal years 2011 through 2015, of 

24 which— 


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1 ‘‘(A) not more than $30,000,000 may be 

2 used during each fiscal year for administrative 

3 costs incurred by the Administrator or States, 

4 as applicable, in carrying out this section; and 

5 ‘‘(B) not more than $225,000,000 may be 

6 used during each fiscal year to implement meth7 ods to reduce the consequences of chemical re8 leases from intentional acts at covered water 

9 systems, with priority given to covered water 

10 systems assigned to tier 1 or tier 2 under sub11 section (h). 

12 ‘‘(2) SECURITY ENHANCEMENTS.—Amounts 

13 provided under this subsection for basic security en14 hancements shall not be used for— 

15 ‘‘(A) personnel costs; or 

16 ‘‘(B) monitoring, operation, or mainte17 nance of facilities, equipment, or systems. 

18 ‘‘(v) RELATION TO CHEMICAL FACILITY SECURITY

19 REQUIREMENTS.—No provision of any appropriations Act 

20 relating to chemical facility security, and no law or regula21 tion establishing a chemical facility antiterrorism stand22 ard, shall apply to a covered water system under this sec23 tion.’’. 

24 (2) EFFECTIVE DATE.—The amendment made 

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1 gation by the Administrator of the Environmental 

2 Protection Agency of final regulations pursuant to 

3 subsection (b)(1) of section 1433 of the Safe Drink4 ing Water Act (42 U.S.C. 300i–2) (as amended by 

5 paragraph (1)). 

6 (b) EFFECT OF SECTION.— 

7 (1) IN GENERAL.—Nothing in this section or 

8 the amendment made by this section affects the ap9 plicability of section 1433 of the Safe Drinking 

10 Water Act (42 U.S.C. 300i–2) (as in effect before 

11 the effective date of the amendment made by sub12 section (a)(1)) to any violation of that section that 

13 occurs before that effective date. 

14 (2) VIOLATIONS.—The requirements of section 

15 1433 of the Safe Drinking Water Act (42 U.S.C. 

16 300i–2) (as in effect before the effective date of the 

17 amendment made by subsection (a)(1)) shall remain 

18 in effect with respect to violations described in para19 graph (1) until the later of— 

20 (A) the date on which the violation is cor21 rected; and 

22 (B) the date on which enforcement pro23 ceedings relating to the violation are completed. 


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1 SEC. 103. STUDY TO ASSESS THREAT OF CONTAMINATION 

2 OF DRINKING WATER DISTRIBUTION SYS3 TEMS. 

4 Not later than 180 days after the date of enactment 

5 of this Act, the Administrator of the Environmental Pro6 tection Agency, in consultation with the Secretary of 

7 Homeland Security, shall— 

8 (1) conduct a study to assess— 

9 (A) the threat to drinking water posed by 

10 intentional acts of contamination; and 

11 (B) the vulnerability of public water sys12 tems, including fire hydrants, to such a threat; 

13 and 

14 (2) submit to the Committee on Environment 

15 and Public Works of the Senate and the Committee 

16 on Energy and Commerce of the House of Rep17 resentatives a report describing the results of the 

18 study. 

19 TITLE II—WASTEWATER 

20 TREATMENT WORKS SECURITY 

21 SEC. 201. SHORT TITLE. 

22 This title may be cited as Secure Wastewater Treat23 ment Facilities Act. 

24 SEC. 202. WASTEWATER TREATMENT WORKS SECURITY. 

25 (a) AMENDMENT.— 


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1 (1) IN GENERAL.—Title III of the Federal 

2 Water Pollution Control Act (33 U.S.C. 1311 et 

3 seq.) is amended by adding at the end the following: 

4 ‘‘SEC. 321. WASTEWATER TREATMENT WORKS SECURITY. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) COVERED TREATMENT WORKS.—The term 

7 ‘covered treatment works’ means a treatment works 

8 that— 

9 ‘‘(A) has a treatment capacity of not less 

10 than 2,500,000 gallons per day; or 

11 ‘‘(B) as determined by the Administrator, 

12 presents a security risk that requires regulation 

13 under this section. 

14 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

15 the Secretary of Homeland Security. 

16 ‘‘(b) REGULATIONS.— 

17 ‘‘(1) IN GENERAL.—Not later than 2 years 

18 after the date of enactment of the Secure Water Fa19 cilities Act, the Administrator shall promulgate final 

20 regulations to establish— 

21 ‘‘(A) risk-based performance standards for 

22 the security of covered treatment works in ac23 cordance with subsection (c); and 

24 ‘‘(B) requirements and deadlines for each 

25 covered treatment works— 


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1 ‘‘(i)(I) to conduct a vulnerability as2 sessment in accordance with subsection (d) 

3 and submit the vulnerability assessment to 

4 the Administrator; or 

5 ‘‘(II) if a vulnerability assessment has 

6 already been conducted relating to the cov7 ered treatment works— 

8 ‘‘(aa) to revise the assessment in 

9 accordance with subsection (d); and 

10 ‘‘(bb) to submit the revised as11 sessment to the Administrator; 

12 ‘‘(ii) to update and resubmit a vulner13 ability assessment relating to the covered 

14 treatment works— 

15 ‘‘(I) not less frequently than once 

16 every 5 years; and 

17 ‘‘(II) promptly after any change 

18 at the covered treatment works that 

19 could cause the reassignment of the 

20 covered treatment works to a different 

21 risk-based tier under subsection (h); 

22 ‘‘(iii) to develop, implement, revise (as 

23 appropriate), and submit to the Adminis24 trator a site security plan in accordance 

25 with subsection (e)— 


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1 ‘‘(I) not less frequently than once 

2 every 5 years; and 

3 ‘‘(II) promptly after any revision 

4 to the vulnerability assessment of the 

5 covered treatment works under clause 

6 (ii); 

7 ‘‘(iv)(I)(aa) to develop an emergency 

8 response plan in accordance with sub9 section (f); or 

10 ‘‘(bb) if an emergency response plan 

11 has already been developed for the covered 

12 treatment works, to revise the plan in ac13 cordance with subsection (f); and 

14 ‘‘(II) to revise the plan not less fre15 quently than once every 5 years; and 

16 ‘‘(v) to provide annual training to em17 ployees and contractors of covered treat18 ment works regarding the implementation 

19 of site security plans and emergency re20 sponse plans in accordance with subsection 

21 (g). 

22 ‘‘(2) CONSULTATION.—In promulgating regula23 tions pursuant to paragraph (1), the Administrator 

24 shall consult with— 


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1 ‘‘(A) States with approved programs under 

2 section 402; and 

3 ‘‘(B) the Secretary and other appropriate 

4 individuals and entities regarding— 

5 ‘‘(i) a process for the development and 

6 evaluation of vulnerability assessments, 

7 site security plans, and emergency re8 sponse plans; 

9 ‘‘(ii) the development of risk-based 

10 performance standards under subsection 

11 (c); 

12 ‘‘(iii) the establishment of risk-based 

13 tiers and a process for the assignment of 

14 covered treatment works to the risk-based 

15 tiers under subsection (h); 

16 ‘‘(iv) the designation of substances of 

17 concern under subsection (i); 

18 ‘‘(v) the provision of threat-related 

19 and other baseline information to covered 

20 treatment works under subsection (j); 

21 ‘‘(vi) the treatment of protected infor22 mation in accordance with subsection (o); 

23 and 

24 ‘‘(vii) such other matters as the Ad25 ministrator determines to be necessary. 


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1 ‘‘(c) RISK-BASED PERFORMANCE STANDARDS.— 

2 ‘‘(1) IN GENERAL.—The risk-based perform3 ance standards for site security plans under this 

4 subsection shall be— 

5 ‘‘(A) delineated by risk-based tier under 

6 subsection (h); and 

7 ‘‘(B) increasingly stringent, based on the 

8 level of risk associated with each risk-based 

9 tier. 

10 ‘‘(2) FACTOR FOR CONSIDERATION.—In devel11 oping standards under this subsection, the Adminis12 trator shall take into consideration section 27.230 of 

13 title 6, Code of Federal Regulations (or successor 

14 regulations). 

15 ‘‘(d) VULNERABILITY ASSESSMENTS.— 

16 ‘‘(1) IN GENERAL.—A vulnerability assessment 

17 under this subsection shall include an evaluation by 

18 each covered treatment works of the vulnerability of 

19 the covered treatment works to a range of inten20 tional acts, including any intentional act that results 

21 in a release of a substance of concern that is known, 

22 or may be reasonably anticipated, to cause death, in23 jury, or serious adverse effects to human health or 

24 the environment. 


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1 ‘‘(2) MINIMUM REQUIREMENTS.—At a min2 imum, a vulnerability assessment under this sub3 section shall include a review of, with respect to the 

4 relevant covered treatment works— 

5 ‘‘(A) intercepting sewers, outfall sewers, 

6 sewage collection systems, and other con7 structed conveyances under the control of the 

8 treatment works; 

9 ‘‘(B) physical barriers; 

10 ‘‘(C) facilities, systems, and devices used in 

11 the storage, treatment, recycling, or reclamation 

12 of municipal sewage or industrial wastes; 

13 ‘‘(D) electronic, computer, and other auto14 mated systems that are used by the covered 

15 treatment works; 

16 ‘‘(E) the use, storage, or handling of var17 ious chemicals, including substances of concern; 

18 ‘‘(F) the operation and maintenance of the 

19 covered treatment works; and 

20 ‘‘(G) the resiliency and ability of the cov21 ered treatment works to ensure continuity of 

22 operations in the event of a disruption caused 

23 by an intentional act. 

24 ‘‘(e) SITE SECURITY PLANS.—In developing and im25 plementing a site security plan under this section, a covVerDate Mar 15 2010 21:26 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S3598.IS S3598

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1 ered treatment works may select layered security and pre2 paredness measures that, in combination, appropriately— 

3 ‘‘(1) address the security risks identified in the 

4 vulnerability assessment of the covered treatment 

5 works; and 

6 ‘‘(2) comply with the applicable risk-based per7 formance standards required under this section. 

8 ‘‘(f) EMERGENCY RESPONSE PLANS.— 

9 ‘‘(1) IN GENERAL.—Each covered treatment 

10 works shall prepare or revise, as appropriate, an 

11 emergency response plan that incorporates the re12 sults of the most recent vulnerability assessment and 

13 site security plan of the covered treatment works. 

14 ‘‘(2) CONTENTS.—An emergency response plan 

15 under this subsection shall include— 

16 ‘‘(A) a description of the plans and proce17 dures, and an identification of the equipment, 

18 that can be implemented or used in the event 

19 of an intentional act at the covered treatment 

20 works; and 

21 ‘‘(B) a description of the actions and pro22 cedures, and an identification of the equipment, 

23 that can obviate or significantly lessen the im24 pact on public health, and the ability of the 

25 treatment works to safely and reliably operate 


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1 on the occurrence, of an intentional act at the 

2 covered treatment works. 

3 ‘‘(3) COORDINATION.— 

4 ‘‘(A) IN GENERAL.—As part of the emer5 gency response plan of a covered treatment 

6 works, each covered treatment works shall pro7 vide to the individuals and entities described in 

8 subparagraph (B) appropriate information to 

9 ensure an effective collective response to an in10 tentional act at the covered treatment works. 

11 ‘‘(B) DESCRIPTION OF INDIVIDUALS AND

12 ENTITIES.—An individual or entity referred to 

13 in subparagraph (A) is— 

14 ‘‘(i) a local emergency planning com15 mittee; 

16 ‘‘(ii) a State emergency response com17 mission; 

18 ‘‘(iii) a local law enforcement official; 

19 or 

20 ‘‘(iv) a local emergency response pro21 vider. 

22 ‘‘(4) CERTIFICATION.— 

23 ‘‘(A) IN GENERAL.—Not later than 180 

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1 priate, for a covered treatment works under 

2 subsection (d), the covered treatment works 

3 shall submit to the Administrator a certification 

4 that the covered treatment works has completed 

5 an emergency response plan in accordance with 

6 this subsection. 

7 ‘‘(B) UPDATES.—As soon as practicable 

8 after any update of an emergency response plan 

9 of a covered treatment works under this section, 

10 a covered treatment works shall submit to the 

11 Administrator an updated certification under 

12 subparagraph (A). 

13 ‘‘(g) ROLE OF EMPLOYEES.— 

14 ‘‘(1) DESCRIPTION OF ROLE.—Each site secu15 rity plan and emergency response plan required 

16 under this section shall describe the appropriate 

17 roles and responsibilities that employees and con18 tractors of the covered treatment works are expected 

19 to perform to deter or respond to an intentional act 

20 described in subsection (h)(2)(C). 

21 ‘‘(2) TRAINING FOR EMPLOYEES.—Not less fre22 quently than once each year, each covered treatment 

23 works shall provide to employees and contractors of 

24 the covered treatment works with roles or respon25 sibilities described in paragraph (1) not less than 8 


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1 hours of training regarding the conduct of those 

2 roles and responsibilities. 

3 ‘‘(3) EMPLOYEE PARTICIPATION.—In devel4 oping, revising, or updating a vulnerability assess5 ment, site security plan, or emergency response plan 

6 required under this section, a covered treatment 

7 works shall include— 

8 ‘‘(A) at least 1 supervisory and at least 1 

9 nonsupervisory employee of the covered treat10 ment works; and 

11 ‘‘(B) at least 1 representative of each cer12 tified or recognized bargaining agent rep13 resenting employees or contractors of the cov14 ered treatment works with roles or responsibil15 ities described in paragraph (1), if any, in a col16 lective bargaining relationship with the owner 

17 or operator of the covered treatment works or 

18 a contractor to the covered treatment works.

19 ‘‘(h) RISK-BASED TIERS.— 

20 ‘‘(1) ESTABLISHMENT.—The Administrator 

21 shall establish, by regulation, 4 risk-based tiers for 

22 the categorization of covered treatment works under 

23 this section, with tier 1 representing the highest de24 gree of security risk. 

25 ‘‘(2) ASSIGNMENT.— 


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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall assign (and reassign, as appropriate) each 

3 covered treatment works to 1 of the risk-based 

4 tiers established under paragraph (1). 

5 ‘‘(B) SUBMISSION OF INFORMATION.—The 

6 Administrator may require a covered treatment 

7 works to submit to the Administrator such in8 formation as the Administrator determines to 

9 be necessary to determine the appropriate risk10 based tier for the covered treatment works. 

11 ‘‘(C) FACTORS FOR CONSIDERATION.—In 

12 assigning a covered treatment works to a risk13 based tier under this paragraph, the Adminis14 trator shall take into consideration— 

15 ‘‘(i) the potential consequences (such 

16 as death, injury, or serious adverse effects 

17 to human health, the environment, critical 

18 infrastructure, national security, and the 

19 national economy) of an intentional act at 

20 the covered treatment works— 

21 ‘‘(I) to cause a release, including 

22 a worst-case release, of a substance of 

23 concern; 


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1 ‘‘(II) to disrupt the safe and reli2 able operation of the covered treat3 ment works; and 

4 ‘‘(III) to steal, misappropriate, or 

5 misuse a substance of concern at the 

6 covered treatment works; 

7 ‘‘(ii) the design flow of the treatment 

8 works; and 

9 ‘‘(iii) the proximity of the treatment 

10 works to large population centers. 

11 ‘‘(3) EXPLANATION FOR RISK-BASED TIER AS12 SIGNMENT.—The Administrator shall provide to 

13 each covered treatment works assigned to a risk14 based tier under this subsection a written expla15 nation of— 

16 ‘‘(A) the reasons for the assignment to 

17 that risk-based tier; and 

18 ‘‘(B) the determination by the Adminis19 trator regarding whether the covered treatment 

20 works is required to submit an assessment 

21 under subsection (k)(2). 

22 ‘‘(i) SUBSTANCES OF CONCERN.—For purposes of 

23 this section, the Administrator, in consultation with the 

24 Secretary— 


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1 ‘‘(1) may designate any chemical substance as 

2 a substance of concern, taking into consideration ap3 pendix A of part 27 of title 6, Code of Federal Reg4 ulations (or successor regulations); and 

5 ‘‘(2) on the designation of a chemical substance 

6 as a substance of concern under paragraph (1), shall 

7 establish, by regulation, a threshold quantity for the 

8 release or theft of the chemical substance, taking 

9 into consideration— 

10 ‘‘(A) the toxicity, reactivity, volatility, 

11 dispersability, combustibility, and flammability 

12 of the chemical substance; and 

13 ‘‘(B) the quantity of the chemical sub14 stance that, as a result of a release, is known, 

15 or may be reasonably anticipated, to cause 

16 death, injury, or serious adverse effects to 

17 human health or the environment. 

18 ‘‘(j) BASELINE INFORMATION.—To facilitate compli19 ance with the requirements of this section, as soon as 

20 practicable after the effective date of the regulations pro21 mulgated pursuant to subsection (b), and thereafter as ap22 propriate, the Administrator, after consultation with ap23 propriate Federal departments and agencies and State, 

24 local, and tribal governments, shall provide baseline infor25 mation to covered treatment works regarding the types of 


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1 intentional acts that constitute probable threats with re2 spect to— 

3 ‘‘(1) the substantial disruption of the ability of 

4 the covered treatment works to operate safely and 

5 reliably; 

6 ‘‘(2) the release of a substance of concern at 

7 the covered treatment works; or 

8 ‘‘(3) the theft, misuse, or misappropriation of a 

9 substance of concern at the covered treatment 

10 works. 

11 ‘‘(k) METHODS TO REDUCE CONSEQUENCES OF

12 CHEMICAL RELEASES FROM INTENTIONAL ACTS.— 

13 ‘‘(1) DEFINITION OF METHOD TO REDUCE THE

14 CONSEQUENCES OF A CHEMICAL RELEASE FROM AN

15 INTENTIONAL ACT.— 

16 ‘‘(A) IN GENERAL.—In this subsection, the 

17 term ‘method to reduce the consequences of a 

18 chemical release from an intentional act’ means 

19 a measure at a covered treatment works that 

20 reduces or eliminates the potential consequences 

21 of a release of a substance of concern from an 

22 intentional act. 

23 ‘‘(B) INCLUSIONS.—The term ‘method to 

24 reduce the consequences of a chemical release 

25 from an intentional act’ includes— 


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1 ‘‘(i) the elimination or reduction in 

2 quantity of a substance of concern pos3 sessed or planned to be possessed by a cov4 ered treatment works through the use of 

5 alternate substances, formulations, or proc6 esses; 

7 ‘‘(ii) the modification of the pressure, 

8 temperature, or concentration of a sub9 stance of concern; and 

10 ‘‘(iii) the reduction or elimination of 

11 onsite handling of a substance of concern 

12 through improvement of inventory control 

13 or chemical use efficiency. 

14 ‘‘(2) ASSESSMENT.— 

15 ‘‘(A) IN GENERAL.—Each covered treat16 ment works that possesses or plans to possess 

17 a substance of concern in excess of the release 

18 threshold quantity established by the Adminis19 trator under subsection (i)(1)(B) shall— 

20 ‘‘(i) include in the site security plan of 

21 the covered treatment works an assessment 

22 of methods to reduce the consequences of 

23 a chemical release from an intentional act 

24 at the covered treatment works; and 


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1 ‘‘(ii) submit the assessment under 

2 clause (i) to— 

3 ‘‘(I) the Administrator; and 

4 ‘‘(II) the State in which the cov5 ered treatment works is located, if the 

6 State has an approved program under 

7 section 402. 

8 ‘‘(B) FACTORS FOR CONSIDERATION.—In 

9 preparing an assessment under this paragraph, 

10 a covered treatment works shall take into con11 sideration factors appropriate to the security, 

12 public health, and environmental mission of the 

13 covered treatment works. 

14 ‘‘(C) INCLUSIONS.—Each assessment 

15 under this paragraph shall include a description 

16 of— 

17 ‘‘(i) the methods to reduce the con18 sequences of a chemical release from an in19 tentional act at the covered treatment 

20 works; 

21 ‘‘(ii) the means by which each method 

22 to reduce the consequences of a chemical 

23 release from an intentional act at the cov24 ered treatment works could, if applied— 


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1 ‘‘(I) reduce the potential extent 

2 of death, injury, or serious adverse ef3 fects to human health resulting from 

4 the chemical release; and 

5 ‘‘(II) affect the presence of con6 taminants in treated water, human 

7 health, or the environment; 

8 ‘‘(iii) whether each described method 

9 to reduce the consequences of a chemical 

10 release from an intentional act at the cov11 ered treatment works is feasible (as deter12 mined by the Administrator); 

13 ‘‘(iv) the costs (including capital and 

14 operational costs) and avoided costs (in15 cluding savings and liabilities) associated 

16 with applying each method to reduce the 

17 consequences of a chemical release from an 

18 intentional act at the covered treatment 

19 works; 

20 ‘‘(v) any other relevant information 

21 relied on by the covered treatment works 

22 in conducting the assessment; 

23 ‘‘(vi) a statement of whether the cov24 ered water system has implemented or 

25 plans to implement 1 or more methods to 


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1 reduce the consequences of a chemical re2 lease from an intentional act, a description 

3 of any such method; and 

4 ‘‘(vii) in the case of a covered treat5 ment works described in paragraph (3)(A), 

6 an explanation of the reasons for any deci7 sion not to implement a method to reduce 

8 the consequences of a chemical release 

9 from an intentional act at the covered 

10 treatment works. 

11 ‘‘(3) REQUIRED METHODS.— 

12 ‘‘(A) APPLICABILITY.—This paragraph ap13 plies to a covered treatment works that— 

14 ‘‘(i) is assigned to 1 of the 2 highest 

15 risk-based tiers under subsection (h); and 

16 ‘‘(ii) possesses or plans to possess a 

17 substance of concern in excess of the re18 lease threshold quantity established by the 

19 Administrator under subsection (i)(1)(B). 

20 ‘‘(B) HIGHEST-RISK SYSTEMS.—If, on the 

21 basis of an assessment under paragraph (2), a 

22 covered treatment works described in subpara23 graph (A) decides not to implement a method 

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1 lease from an intentional act at the covered 

2 treatment works— 

3 ‘‘(i) the State with an approved pro4 gram under section 402 (if the covered 

5 treatment works is located in such a State) 

6 shall, in accordance with a timeline estab7 lished by the Administrator— 

8 ‘‘(I) determine whether to require 

9 the covered treatment works to imple10 ment the method to reduce the con11 sequences of a chemical release from 

12 an intentional act; and 

13 ‘‘(II) notify the Administrator of 

14 the determination; or 

15 ‘‘(ii) the Administrator (if the covered 

16 treatment works is not located in a State 

17 with an approved program under section 

18 402) shall determine whether to require 

19 the covered treatment works to implement 

20 the method to reduce the consequences of 

21 a chemical release from an intentional act. 

22 ‘‘(C) FACTORS FOR CONSIDERATION.—In 

23 making a determination under clause (i)(I) or 

24 (ii) of subparagraph (B), the State or the Ad25 ministrator, as applicable, shall take into conVerDate Mar 15 2010 21:26 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S3598.IS S3598

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1 sideration factors appropriate to the security, 

2 public health, and environmental missions of 

3 covered treatment works, including an examina4 tion of whether the applicable method to reduce 

5 the consequences of a chemical release from an 

6 intentional act— 

7 ‘‘(i) would significantly reduce the 

8 risk of death, injury, or serious adverse ef9 fects to human health resulting directly 

10 from a chemical release from an inten11 tional act at the covered treatment works; 

12 ‘‘(ii) would not increase the interim 

13 storage of a substance of concern by the 

14 covered treatment works; 

15 ‘‘(iii) would not render the covered 

16 treatment works unable to comply with— 

17 ‘‘(I) other requirements of this 

18 Act; or 

19 ‘‘(II) applicable standards estab20 lished by the State or political subdivi21 sion in which the covered treatment 

22 works is located; and 

23 ‘‘(iv) is feasible (as determined by the 

24 Administrator), to be incorporated into the 

25 operation of the covered treatment works. 


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1 ‘‘(D) APPEALS.—If a determination is 

2 made to require a covered treatment works to 

3 implement a method to reduce the consequences 

4 of a chemical release from an intentional act 

5 under clause (i)(I) or (ii) of subparagraph (B), 

6 the State or the Administrator, as applicable, 

7 shall provide to the affected covered treatment 

8 works an opportunity to appeal the determina9 tion, including the opportunity for a determina10 tion of consequences of an intentional act occur11 ring outside the covered treatment works pursu12 ant to subparagraph (E). 

13 ‘‘(E) CONSEQUENCES OF INTENTIONAL

14 ACT OCCURRING OUTSIDE COVERED TREAT15 MENT WORKS.— 

16 ‘‘(i) IN GENERAL.—A covered treat17 ment works may request, as part of an ap18 peal under subparagraph (D), a determina19 tion of whether the implementation of a 

20 method to reduce the consequences of a 

21 chemical release from an intentional act 

22 would result in a significant increase in the 

23 existing potential consequences of an inten24 tional act occurring outside the covered 

25 treatment works that is directly related to 


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1 the method to reduce consequences of an 

2 intentional act at the covered treatment 

3 works that is the subject of the appeal. 

4 ‘‘(ii) DUTIES UPON RECEIPT OF RE5 QUEST.—Upon receiving a request under 

6 clause (i)— 

7 ‘‘(I) the State with an approved 

8 program under section 402 (if the 

9 covered treatment works is located in 

10 such a State), shall notify the Admin11 istrator, and the Administrator shall 

12 consult with the Secretary, as nec13 essary, to quantify whether there 

14 would be a significant increase in the 

15 existing potential consequences of an 

16 intentional act occurring outside the 

17 covered treatment works (that is di18 rectly related to the method to reduce 

19 consequences of an intentional act at 

20 the covered treatment works that is 

21 the subject of the appeal) as com22 pared to the consequences of a chem23 ical release at the covered treatment 

24 works that would be reduced by the 

25 implementation of the method; or 


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1 ‘‘(II) the Administrator (if the 

2 covered treatment works is not located 

3 in a State with an approved program 

4 under section 402), shall consult with 

5 the Secretary, as necessary, to quan6 tify whether there would be a signifi7 cant increase in the existing potential 

8 consequences of an intentional act oc9 curring outside the covered treatment 

10 works (that is directly related to the 

11 method to reduce consequences of an 

12 intentional act at the covered treat13 ment works that is the subject of the 

14 appeal) as compared to the con15 sequences of a chemical release at the 

16 covered treatment works that would 

17 be reduced by the implementation of 

18 the method. 

19 ‘‘(iii) SIGNIFICANTLY INCREASED

20 CONSEQUENCES OUTSIDE COVERED TREAT21 MENT WORKS.—If a determination is made 

22 pursuant to subclause (I) or (II) of clause 

23 (ii) that implementation of a method to re24 duce consequences of a chemical release 

25 from an intentional act pursuant to clause 


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1 (i)(I) or (ii) of subparagraph (B) would re2 sult in a significant increase in the existing 

3 potential consequences of an intentional 

4 act occurring outside the covered treat5 ment works as compared to the reduced 

6 consequences of a chemical release at the 

7 covered treatment works, the State with an 

8 approved program under section 402 (if 

9 the covered treatment works is located in 

10 such a State), or the Administrator (if the 

11 covered treatment works is not located in 

12 a State), shall take that determination into 

13 consideration in making a final determina14 tion under clause (i)(I) or (ii) of subpara15 graph (B). 

16 ‘‘(4) INCOMPLETE AND LATE ASSESSMENTS.— 

17 ‘‘(A) INCOMPLETE ASSESSMENTS.— 

18 ‘‘(i) IN GENERAL.—If the Adminis19 trator determines that a covered treatment 

20 works failed to meet the requirements of 

21 this subsection in conducting an assess22 ment, the Administrator, after notifying 

23 the covered treatment works and the State 

24 with an approved program under section 

25 402, if applicable, shall require the covered 


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1 treatment works to submit a revised as2 sessment in accordance with this sub3 section by not later than 60 days after the 

4 date of receipt of notification. 

5 ‘‘(ii) REVIEW.—The State in which a 

6 covered treatment works subject to clause 

7 (i) is located (if the covered treatment 

8 works is located in a State with an ap9 proved program under section 402) or the 

10 Administrator (if the covered treatment 

11 works is not located in such a State) shall 

12 review a revised assessment submitted 

13 under clause (i) to determine whether to 

14 require the covered treatment works to im15 plement any method to reduce the con16 sequences of an intentional act pursuant to 

17 paragraph (3). 

18 ‘‘(B) LATE ASSESSMENTS.—If the Admin19 istrator determines that a covered treatment 

20 works failed to complete an assessment under 

21 this subsection in accordance with the deadline 

22 established for completion by the Administrator, 

23 the Administrator, after notifying the covered 

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1 ble, may take appropriate enforcement action 

2 under subsection (q). 

3 ‘‘(5) FAILURE BY STATE TO ACT.— 

4 ‘‘(A) DETERMINATIONS.— 

5 ‘‘(i) IN GENERAL.—If the Adminis6 trator determines that a State with an ap7 proved program under section 402 has 

8 failed to determine whether to require a 

9 covered treatment works to implement a 

10 method to reduce the consequences of a 

11 chemical release from an intentional act, as 

12 required by paragraph (3)(B)(i)(I), the Ad13 ministrator shall notify the State and the 

14 applicable covered treatment works of the 

15 determination. 

16 ‘‘(ii) ACTION BY ADMINISTRATOR.—If 

17 a State has failed to make a determination 

18 required by paragraph (3)(B)(i)(I), not 

19 later than 30 days after the date of receipt 

20 of the notice of the Administrator under 

21 clause (i) the Administrator shall— 

22 ‘‘(I) notify the State and the ap23 plicable covered treatment works of 

24 the failure by the State to make the 

25 determination; and 


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1 ‘‘(II) determine whether to re2 quire the covered treatment works to 

3 implement the applicable method to 

4 reduce the consequences of a chemical 

5 release from an intentional act, based 

6 on the factors described in paragraph 

7 (3)(C). 

8 ‘‘(B) ENFORCEMENT ACTIONS.— 

9 ‘‘(i) IN GENERAL.—If the Adminis10 trator determines that a covered treatment 

11 works has failed while located in a State 

12 with an approved program under section 

13 402 to implement a method to reduce the 

14 consequences of a chemical release from an 

15 intentional act that is required by the 

16 State or the Administrator under para17 graph (3)(B), or by the Administrator 

18 under subparagraph (A), the Adminis19 trator shall notify the State and the cov20 ered treatment works of the determination. 

21 ‘‘(ii) ENFORCEMENT ACTION.—If the 

22 Administrator determines that a State has 

23 failed to commence an appropriate enforce24 ment action by the date that is 30 days 

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1 istrator under clause (i), the Administrator 

2 shall— 

3 ‘‘(I) notify the State and the ap4 plicable covered treatment works of 

5 the determination; and 

6 ‘‘(II) determine whether to com7 mence an appropriate enforcement ac8 tion against the covered treatment 

9 works in accordance with subsection 

10 (q) to require the implementation of 

11 the relevant method to reduce the con12 sequences of a chemical release from 

13 an intentional act at the covered 

14 treatment works. 

15 ‘‘(C) CONSIDERATION OF CONTINUED PRO16 GRAM APPROVAL.—The Administrator may take 

17 into consideration the failure of a State with an 

18 approved program under section 402 to make a 

19 determination as described in subparagraph 

20 (A), or to bring an enforcement action as de21 scribed in subparagraph (B), in determining 

22 whether the State may retain the approved pro23 gram under section 402. 

24 ‘‘(6) GUIDANCE FOR COVERED TREATMENT

25 WORKS.— 


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1 ‘‘(A) GUIDANCE.—Not later than 180 days 

2 after the date of enactment of the Secure Water 

3 Facilities Act, the Administrator shall develop, 

4 and update thereafter as appropriate, non5 binding guidance, including guidance regarding 

6 Federal procurement, to assist covered treat7 ment works in assessing and implementing 

8 methods to reduce consequences of a chemical 

9 release from an intentional act by reducing or 

10 eliminating reliance on the use of threshold 

11 quantities of substances of concern at the cov12 ered treatment works, as established under sub13 section (i)(1)(B). 

14 ‘‘(B) RECOMMENDATIONS.—The Adminis15 trator shall, as appropriate, provide or rec16 ommend tools, methodologies, or computer soft17 ware to assist covered treatment works assigned 

18 to tier 3 or tier 4 under subsection (h) and re19 quired to conduct an assessment under para20 graph (2) to achieve compliance with the re21 quirements of this section. 

22 ‘‘(l) REVIEW BY ADMINISTRATOR.— 

23 ‘‘(1) IN GENERAL.—Each covered treatment 

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1 ered treatment works, in accordance with such dead2 line as the Administrator may establish. 

3 ‘‘(2) REVIEW.—The Administrator shall— 

4 ‘‘(A) review each vulnerability assessment 

5 and site security plan submitted under this sub6 section; and 

7 ‘‘(B)(i) if the assessment or plan has any 

8 significant deficiency described in paragraph 

9 (3), require the covered treatment works to cor10 rect the deficiency; or 

11 ‘‘(ii) approve the assessment or plan. 

12 ‘‘(3) SIGNIFICANT DEFICIENCIES.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), a vulnerability assessment or site se15 curity plan of a covered treatment works has a 

16 significant deficiency under this paragraph if 

17 the Administrator, in consultation with the 

18 State with an approved program under section 

19 402 (if the covered treatment works is located 

20 in such a State), determines that— 

21 ‘‘(i) the vulnerability assessment does 

22 not comply with the regulations promul23 gated pursuant to subsection (b); or 

24 ‘‘(ii) the site security plan fails— 


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1 ‘‘(I) to meet applicable risk-based 

2 performance standards under sub3 section (c); or 

4 ‘‘(II) to address a vulnerability 

5 identified in the vulnerability assess6 ment under subsection (d). 

7 ‘‘(B) EXCLUSION.—A deficiency in the 

8 content or implementation of the portion of the 

9 site security plan of a covered treatment works 

10 relating to methods to reduce the consequences 

11 of a chemical release from an intentional act 

12 shall not be considered to be a significant defi13 ciency under this paragraph. 

14 ‘‘(4) IDENTIFICATION OF DEFICIENCIES.—If 

15 the Administrator identifies a significant deficiency 

16 in the vulnerability assessment or site security plan 

17 of a covered water system under paragraph (3), the 

18 Administrator shall provide to the covered water sys19 tem a written notification of the deficiency that— 

20 ‘‘(A) includes a clear explanation of the de21 ficiency; 

22 ‘‘(B) provides guidance to assist the cov23 ered water system in addressing the deficiency; 

24 and 

25 ‘‘(C) requires the covered water system— 


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1 ‘‘(i) to correct the deficiency; and 

2 ‘‘(ii) by such date as the Adminis3 trator determines to be appropriate, to 

4 submit to the Administrator a revised vul5 nerability assessment or site security plan. 

6 ‘‘(5) STATE, REGIONAL, AND LOCAL GOVERN7 MENTAL ENTITIES.—No covered treatment works 

8 shall be required under State, local, or tribal law to 

9 provide a vulnerability assessment or site security 

10 plan under this section to any State, regional, local, 

11 or tribal governmental entity solely due to the re12 quirement of paragraph (1) to submit such an as13 sessment or plan to the Administrator. 

14 ‘‘(m) MAINTENANCE OF RECORDS.—Each covered 

15 treatment works shall maintain an updated copy of the 

16 vulnerability assessment, site security plan, and emer17 gency response plan of the covered treatment works. 

18 ‘‘(n) AUDITS; INSPECTIONS.— 

19 ‘‘(1) IN GENERAL.—The Administrator (or a 

20 designee) shall audit and inspect covered treatment 

21 works as necessary to determine compliance with 

22 this section. 

23 ‘‘(2) ACCESS.—In conducting an audit or in24 spection of a covered treatment works under this 

25 subsection, the Administrator shall have access to 


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1 the owners, operators, employees, contractors, and 

2 employee representatives, if any, of the covered 

3 treatment works. 

4 ‘‘(3) CONFIDENTIAL COMMUNICATION OF IN5 FORMATION; AIDING INSPECTIONS.— 

6 ‘‘(A) CONFIDENTIAL COMMUNICATION OF

7 INFORMATION.—The Administrator shall offer 

8 nonsupervisory employees of a covered treat9 ment works the opportunity to confidentially 

10 communicate to the Administrator information 

11 relevant to the compliance or noncompliance by 

12 the covered treatment works with the require13 ments of this section (including regulations pro14 mulgated pursuant to this section). 

15 ‘‘(B) AIDING INSPECTIONS.—A representa16 tive of each certified or recognized bargaining 

17 agent described in subsection (g)(3)(B), or a 

18 nonsupervisory employee if no such representa19 tive exists, shall be given an opportunity to ac20 company the Administrator during any physical 

21 inspection of a covered treatment works under 

22 this subsection to assist in the inspection, if a 

23 representative of the covered treatment works 

24 will also be accompanying the Administrator 

25 during the inspection. 


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1 ‘‘(o) PROTECTION OF INFORMATION.— 

2 ‘‘(1) DEFINITION OF PROTECTED INFORMA3 TION.— 

4 ‘‘(A) IN GENERAL.—In this section, the 

5 term ‘protected information’ means— 

6 ‘‘(i) a vulnerability assessment or site 

7 security plan under this section (including 

8 any assessment developed under subsection 

9 (k)(2)); 

10 ‘‘(ii) any document directly related to 

11 a review by the Administrator of an assess12 ment or plan described in clause (i) and, 

13 where applicable, a review by a State of an 

14 assessment developed under subsection 

15 (k)(2); 

16 ‘‘(iii) any document directly related to 

17 an inspection or audit under subsection 

18 (n); 

19 ‘‘(iv) any order, notice, or letter re20 garding the compliance of a covered treat21 ment works with the requirements of this 

22 section; 

23 ‘‘(v) any information, document, or 

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1 ated by, the Administrator under sub2 section (h); 

3 ‘‘(vi) any document directly related 

4 to— 

5 ‘‘(I) a security drill or training 

6 exercise; 

7 ‘‘(II) a security threat or breach; 

8 or 

9 ‘‘(III) maintenance, calibration, 

10 or testing of security equipment; and 

11 ‘‘(vii) any other information, docu12 ment, or record developed exclusively for 

13 purposes of this section, the disclosure of 

14 which, as determined by the Administrator, 

15 by regulation, would be detrimental to the 

16 security of 1 or more covered treatment 

17 works. 

18 ‘‘(B) DETRIMENT REQUIREMENT.—For 

19 purposes of clauses (ii) through (vi) of subpara20 graph (A), the only portion of any document, 

21 record, order, notice, or letter that shall be con22 sidered to be protected information is any por23 tion— 

24 ‘‘(i) the disclosure of which, as deter25 mined by the Administrator, by regulation, 


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1 would be detrimental to the security of 1 

2 or more covered treatment works; and 

3 ‘‘(ii) that is developed by the Adminis4 trator, a State, or a covered treatment 

5 works for purposes of this section. 

6 ‘‘(C) EXCLUSIONS.—The term ‘protected 

7 information’ does not include— 

8 ‘‘(i) any information, other than a vul9 nerability assessment or site security plan, 

10 that the Administrator has determined, by 

11 regulation— 

12 ‘‘(I) to be appropriate to dem13 onstrate compliance by a covered 

14 treatment works with the require15 ments of this section; and 

16 ‘‘(II) would not be detrimental to 

17 the security of any covered treatment 

18 works if disclosed; or 

19 ‘‘(ii) any information that is obtained 

20 from another source with respect to which 

21 the Administrator has not made a deter22 mination under subparagraph (A)(vii) or 

23 (B), regardless of whether the information 

24 is included in an assessment or plan under 

25 this section, including— 


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1 ‘‘(I) information that is required 

2 to be made publicly available under 

3 any other provision of law; and 

4 ‘‘(II) information that a covered 

5 treatment works has lawfully disclosed 

6 other than through a submission to 

7 the Administrator under this section. 

8 ‘‘(2) PROHIBITION.—Protected information— 

9 ‘‘(A) shall be exempt from disclosure under 

10 section 552 of title 5, United States Code; and 

11 ‘‘(B) shall not be made available pursuant 

12 to any State, local, or tribal law requiring dis13 closure of information or records. 

14 ‘‘(3) INFORMATION SHARING.— 

15 ‘‘(A) IN GENERAL.—The Administrator 

16 shall promulgate such regulations, and may 

17 issue such orders, as the Administrator deter18 mines to be necessary to prohibit the unauthor19 ized disclosure of protected information. 

20 ‘‘(B) SHARING OF PROTECTED INFORMA21 TION.— 

22 ‘‘(i) IN GENERAL.—The regulations 

23 under subparagraph (A) shall establish 

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1 priate sharing of protected information 

2 among— 

3 ‘‘(I) Federal, State, local, and 

4 tribal authorities; 

5 ‘‘(II) first responders; 

6 ‘‘(III) law enforcement officials; 

7 ‘‘(IV) designated supervisory and 

8 nonsupervisory covered treatment 

9 works personnel with security, oper10 ational, or fiduciary responsibility for 

11 the covered treatment works; and 

12 ‘‘(V) designated employee rep13 resentatives of covered treatment 

14 works, if any. 

15 ‘‘(ii) INCLUSIONS.—The standards es16 tablished under clause (i) shall include pro17 cedures for the sharing of all portions of a 

18 vulnerability assessment or site security 

19 plan of a covered treatment works relating 

20 to the roles and responsibilities of employ21 ees or contractors of the covered treatment 

22 works under subsection (g) with— 

23 ‘‘(I) a representative of each cer24 tified or recognized bargaining agent 


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1 representing those employees and con2 tractors, if any; or 

3 ‘‘(II) if a representative described 

4 in subclause (I) does not exist, at 

5 least 1 supervisory and at least 1 non6 supervisory employee with roles and 

7 responsibilities described in subsection 

8 (g). 

9 ‘‘(C) PENALTIES.— 

10 ‘‘(i) IN GENERAL.—Protected infor11 mation shall not be shared, except in ac12 cordance with the standards established 

13 and orders issued pursuant to subpara14 graph (A). 

15 ‘‘(ii) KNOWING VIOLATION.—Whoever 

16 discloses protected information in knowing 

17 violation of the regulations promulgated 

18 under paragraph (1) shall— 

19 ‘‘(I) be fined under title 18, 

20 United States Code, imprisoned for 

21 not more than 1 year, or both; and 

22 ‘‘(II) in the case of a Federal of23 ficeholder or employee, removed from 

24 Federal office or employment. 


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1 ‘‘(4) TREATMENT OF INFORMATION IN ADJU2 DICATIVE PROCEEDINGS.—In any judicial or admin3 istrative proceeding, protected information shall be 

4 treated in a manner consistent with the treatment of 

5 sensitive security information under section 525 of 

6 the Department of Homeland Security Appropria7 tions Act, 2007 (Public Law 109–295; 120 Stat. 

8 1381). 

9 ‘‘(5) OTHER OBLIGATIONS UNAFFECTED.—Ex10 cept as provided in subsection (l)(5), nothing in this 

11 section modifies or otherwise affects an obligation of 

12 a covered treatment works— 

13 ‘‘(A) to submit or make available informa14 tion to employees of the covered treatment 

15 works, employee organizations, health profes16 sionals, emergency response organizations, or a 

17 Federal, State, tribal, or local government agen18 cy under any other provision of law; or 

19 ‘‘(B) to comply with any other provision of 

20 law. 

21 ‘‘(6) CONGRESSIONAL OVERSIGHT.—Nothing in 

22 this section authorizes the withholding of informa23 tion from Congress. 

24 ‘‘(7) DISCLOSURE OF INDEPENDENTLY FUR25 NISHED INFORMATION.—Nothing in this section 


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1 modifies or otherwise affects any authority or obliga2 tion of a Federal, State, local, or tribal agency to 

3 protect or disclose any record or information that 

4 the Federal, State, local, or tribal agency obtains 

5 from a covered treatment works or the Adminis6 trator under any other provision of law. 

7 ‘‘(p) PREEMPTION.—Nothing in this section pre8 cludes or denies the right of any State or political subdivi9 sion of a State to adopt or enforce any regulation, require10 ment, or standard of performance with respect to a cov11 ered treatment works that is more stringent than a regula12 tion, requirement, or standard of performance established 

13 under this section. 

14 ‘‘(q) VIOLATIONS.— 

15 ‘‘(1) IN GENERAL.—For purposes of section 

16 309, any violation of a requirement under this sec17 tion (including a regulation promulgated pursuant to 

18 this section) by a covered treatment works shall be 

19 treated in the same manner as a violation of a con20 dition of a permit under section 402. 

21 ‘‘(2) METHODS TO REDUCE THE CON22 SEQUENCES OF A CHEMICAL RELEASE FROM AN IN23 TENTIONAL ACT.—Except as provided in paragraphs 

24 (4) and (5) of subsection (k), if a covered treatment 

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1 gram under section 402, the Administrator may not 

2 issue an order or commence a civil action under this 

3 section for any deficiency in the content or imple4 mentation of the portion of the site security plan of 

5 the covered treatment works relating to methods to 

6 reduce the consequences of a chemical release from 

7 an intentional act (as defined in subsection (k)(1)). 

8 ‘‘(r) REPORT TO CONGRESS.— 

9 ‘‘(1) ANNUAL REPORT.—Not later than 3 years 

10 after the effective date of the regulations promul11 gated pursuant to subsection (b), and annually 

12 thereafter for each of the following 8 calendar years, 

13 the Administrator shall submit to the Committee on 

14 Environment and Public Works of the Senate and 

15 the Committee on Transportation and Infrastructure 

16 of the House of Representatives a report describing 

17 the progress made during the reporting period in 

18 achieving compliance with this section, including, at 

19 a minimum— 

20 ‘‘(A) a generalized summary of measures 

21 implemented by covered treatment works to 

22 meet each risk-based performance standard es23 tablished under subsection (c); and 

24 ‘‘(B) a summary of the means by which— 


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1 ‘‘(i) covered treatment works, as cat2 egorized by risk-based tier assignment 

3 under subsection (h), are achieving compli4 ance with the requirements of this section; 

5 and 

6 ‘‘(ii) the Administrator is imple7 menting and enforcing those requirements, 

8 including a description of— 

9 ‘‘(I) the number of treatment 

10 works that provided information to 

11 the Administrator pursuant to sub12 section (h)(2)(B); 

13 ‘‘(II) the number of covered 

14 treatment works assigned to each 

15 risk-based tier under subsection (h); 

16 ‘‘(III) the number of vulnerability 

17 assessments and site security plans— 

18 ‘‘(aa) submitted by covered 

19 treatment works; and 

20 ‘‘(bb) approved and dis21 approved by the Administrator; 

22 ‘‘(IV) the number of covered 

23 treatment works without approved 

24 vulnerability assessments or site secu25 rity plans in place; 


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1 ‘‘(V)(aa) the number of covered 

2 treatment works that have been as3 signed to a different risk-based tier or 

4 are no longer regulated by the Admin5 istrator under this section due to im6 plementation of a method to reduce 

7 the consequences of a chemical release 

8 from an intentional act; and 

9 ‘‘(bb) a description of the types 

10 of each such method to reduce the 

11 consequences of a chemical release 

12 from an intentional act; 

13 ‘‘(VI) the number of audits and 

14 inspections conducted by the Adminis15 trator (or a designee) under sub16 section (n); 

17 ‘‘(VII) the number of orders for 

18 compliance issued by the Adminis19 trator under subsection (q); 

20 ‘‘(VIII) the administrative pen21 alties assessed by the Administrator 

22 for noncompliance with the require23 ments of this section; 


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1 ‘‘(IX) the civil penalties assessed 

2 by courts for noncompliance with the 

3 requirements of this section; and 

4 ‘‘(X) any other regulatory data 

5 the Administrator determines to be 

6 appropriate to describe— 

7 ‘‘(aa) compliance by covered 

8 treatment works with the re9 quirements of this section; and 

10 ‘‘(bb) the implementation by 

11 the Administrator of those re12 quirements. 

13 ‘‘(2) PUBLIC AVAILABILITY.—Each report sub14 mitted under this section shall be made publicly 

15 available. 

16 ‘‘(s) GRANT PROGRAMS.— 

17 ‘‘(1) IMPLEMENTATION GRANTS TO STATES.— 

18 The Administrator may provide grants to, or enter 

19 into cooperative agreements with, States, based on 

20 an allocation formula established by the Adminis21 trator, to assist the States in implementing this sec22 tion. 

23 ‘‘(2) RESEARCH, TRAINING, AND TECHNICAL

24 ASSISTANCE GRANTS.—The Administrator may pro25 vide grants to, or enter into cooperative agreements 


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1 with, nonprofit organizations to provide research, 

2 training, and technical assistance to covered treat3 ment works to assist the covered treatment works in 

4 achieving compliance with this section. 

5 ‘‘(3) PREPARATION GRANTS.— 

6 ‘‘(A) GRANTS.—The Administrator may 

7 provide grants to, or enter into cooperative 

8 agreements with, covered treatment works to 

9 assist the covered treatment works in— 

10 ‘‘(i) preparing and updating vulner11 ability assessments, site security plans, and 

12 emergency response plans; 

13 ‘‘(ii) assessing and implementing 

14 methods to reduce the consequences of a 

15 release of a substance of concern from an 

16 intentional act; and 

17 ‘‘(iii) implementing any other security 

18 reviews or enhancements that are nec19 essary to achieve compliance with this sec20 tion. 

21 ‘‘(B) PRIORITY.— 

22 ‘‘(i) NEED.—In providing grants and 

23 entering into cooperative agreements under 

24 subparagraph (A)(i), the Administrator 

25 shall give priority to covered treatment 


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1 works that, as determined by the Adminis2 trator, have the greatest need. 

3 ‘‘(ii) SECURITY RISK.—In providing 

4 grants and entering into cooperative agree5 ments under subparagraph (A)(ii), the Ad6 ministrator shall give priority to covered 

7 treatment works that, as determined by 

8 the Administrator, present the greatest se9 curity risk. 

10 ‘‘(4) WORKER TRAINING GRANTS.— 

11 ‘‘(A) DEFINITION OF ELIGIBLE ENTITY.— 

12 In this paragraph, the term ‘eligible entity’ 

13 means a nonprofit organization with dem14 onstrated experience in implementing and oper15 ating successful worker or first responder 

16 health and safety or security training programs. 

17 ‘‘(B) GRANTS.—The Administrator shall 

18 establish a program under which the Adminis19 trator shall provide grants to eligible entities to 

20 provide for training and education of— 

21 ‘‘(i) employees and contractors of cov22 ered treatment works with roles or respon23 sibilities described in subsection (g); and 

24 ‘‘(ii) first responders and emergency 

25 response providers who would respond to 


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1 an intentional act at a covered treatment 

2 works. 

3 ‘‘(C) ADMINISTRATION.—The Adminis4 trator shall offer to enter into an agreement 

5 with the National Institute of Environmental 

6 Health Sciences to administer the program 

7 under this paragraph. 

8 ‘‘(D) USE OF FUNDS.—An eligible entity 

9 shall use a grant received under this paragraph 

10 for— 

11 ‘‘(i) training and education of employ12 ees and contractors with roles or respon13 sibilities described in subsection (g), in14 cluding the annual mandatory training 

15 specified in subsection (g)(2), with priority 

16 given to covered treatment works assigned 

17 to tier 1 or tier 2 under subsection (h); 

18 ‘‘(ii) training of first responders in 

19 protecting nearby residents and property 

20 or the environment from the effects of a 

21 release of a substance of concern at a cov22 ered treatment works, with priority given 

23 to covered treatment works assigned to tier 

24 1 or tier 2 under subsection (h); and 


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1 ‘‘(iii) appropriate training for first re2 sponders and emergency response pro3 viders who would respond to an intentional 

4 act at a covered treatment works. 

5 ‘‘(t) TIMELY PROVISION OF THREAT-RELATED IN6 FORMATION.—The Secretary shall, upon receipt of infor7 mation concerning a specific threat that is relevant to a 

8 certain covered water treatment works, provide the infor9 mation in a timely manner, to the maximum extent prac10 ticable under applicable authority and in the interests of 

11 national security, to— 

12 ‘‘(1) covered treatment works; 

13 ‘‘(2) the Administrator; and 

14 ‘‘(3) the appropriate Federal, State, and local 

15 law enforcement officials. 

16 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.— 

17 ‘‘(1) IN GENERAL.—There are authorized to be 

18 appropriated to carry out this section $200,000,000 

19 for each of fiscal years 2011 through 2015, of 

20 which— 

21 ‘‘(A) not more than $30,000,000 may be 

22 used during each fiscal year for administrative 

23 costs incurred by the Administrator or States, 

24 as applicable, in carrying out this section; and 


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1 ‘‘(B) not more than $150,000,000 may be 

2 used during each fiscal year to implement meth3 ods to reduce the consequences of chemical re4 leases from intentional acts at covered treat5 ment works, with priority given to covered 

6 treatment works assigned to tier 1 or tier 2 

7 under subsection (h). 

8 ‘‘(2) SECURITY ENHANCEMENTS.—Amounts 

9 provided under this subsection for basic security en10 hancements shall not be used for— 

11 ‘‘(A) personnel costs; or 

12 ‘‘(B) monitoring, operation, or mainte13 nance of facilities, equipment, or systems. 

14 ‘‘(v) RELATION TO CHEMICAL FACILITY SECURITY

15 REQUIREMENTS.—No provision of any appropriations Act 

16 relating to chemical facility security, and no law or regula17 tion establishing a chemical facility antiterrorism stand18 ard, shall apply to a covered treatment works under this 

19 section.’’. 

20 (2) EFFECTIVE DATE.—The amendment made 

21 by paragraph (1) takes effect on the date of promul22 gation by the Administrator of the Environmental 

23 Protection Agency of final regulations pursuant to 

24 subsection (b)(1) of section 321 of the Federal 


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•S 3598 IS

1 Water Pollution Control Act (as amended by para2 graph (1)). 

3 (b) EFFECT OF SECTION.— 

4 (1) IN GENERAL.—Nothing in this section or 

5 the amendment made by this section affects the ap6 plicability of any provision of title III of the Federal 

7 Water Pollution Control Act (33 U.S.C. 1311 et 

8 seq.) (as in effect before the effective date of the 

9 amendment made by subsection (a)(1)). 

10 (2) VIOLATIONS.— 

11 (A) IN GENERAL.—Nothing in this section 

12 or the amendment made by this section affects 

13 the applicability of any provision of title III of 

14 the Federal Water Pollution Control Act (33 

15 U.S.C. 1311 et seq.) (as in effect before the ef16 fective date of the amendment made by sub17 section (a)(1)) to any violation of that Act that 

18 occurs before that effective date. 

19 (B) REQUIREMENTS.—The requirements 

20 of title III of the Federal Water Pollution Con21 trol Act (33 U.S.C. 1311 et seq.) (as in effect 

22 before the effective date of the amendment 

23 made by subsection (a)(1)) shall remain in ef24 fect with respect to violations described in sub25 paragraph (A) until the later of— 


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1 (i) the date on which the violation is 

2 corrected; and 

3 (ii) the date on which enforcement 

4 proceedings relating to the violation are 

5 completed. 

6 SEC. 203. STUDY TO ASSESS THREAT OF CONTAMINATION 

7 OF WASTEWATER TREATMENT WORKS. 

8 Not later than 180 days after the date of enactment 

9 of this Act, the Administrator of the Environmental Pro10 tection Agency, in consultation with the Secretary of 

11 Homeland Security, shall— 

12 (1) conduct a study to assess— 

13 (A) the threat to wastewater treatment 

14 posed by intentional acts of contamination; and 

15 (B) the vulnerability of wastewater treat16 ment works to such a threat; and 

17 (2) submit to the Committee on Environment 

18 and Public Works of the Senate and the Committee 

19 on Energy and Commerce of the House of Rep20 resentatives a report describing the results of the 

21 study. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS