I 
111TH CONGRESS 
1ST SESSION H. R. 2883 
To amend the Federal Water Pollution Control Act to provide for security 
at wastewater treatment works, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2009 
Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mr. OBERSTAR, Mr. 
FILNER, and Mrs. NAPOLITANO) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act to pro-
vide for security at wastewater treatment works, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wastewater Treatment 
Works Security Act of 2009’’. 
SEC. 2. WASTEWATER TREATMENT WORKS SECURITY. 
Title II of the Federal Water Pollution Control Act 
(33 U.S.C. 1281 et seq.) is amended by adding at the end 
the following: 
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‘‘SEC. 222. WASTEWATER TREATMENT WORKS SECURITY. 
‘‘(a) ASSESSMENT OF TREATMENT WORKS VULNER-
ABILITY.— 
‘‘(1) IN GENERAL.—Each owner or operator of 
a treatment works that stores or uses a substance 
of concern in quantities deemed by the Adminis-
trator to pose a security risk shall conduct a vulner-
ability assessment of its treatment works. 
‘‘(2) VULNERABILITY ASSESSMENTS.— 
‘‘(A) DEFINITION.—In this section, the 
term ‘vulnerability assessment’ means an as-
sessment of the vulnerability of a treatment 
works to intentional actions that may— 
‘‘(i) substantially disrupt the ability of 
the treatment works to safely and reliably 
operate; or 
‘‘(ii) have a substantial adverse effect 
on critical infrastructure, public health or 
safety, or the environment. 
‘‘(B) REVIEW.—A vulnerability assessment 
shall include an identification of the vulner-
ability of the treatment works’— 
‘‘(i) facilities, systems, and devices 
used in the storage, treatment, recycling, 
or reclamation of municipal sewage or in-
dustrial wastes; 
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‘‘(ii) intercepting sewers, outfall sew-
ers, sewage collection systems, and other 
constructed conveyances under the control 
of the owner or operator of the treatment 
works; 
‘‘(iii) electronic, computer, and other 
automated systems; 
‘‘(iv) pumping, power, and other 
equipment; 
‘‘(v) use, storage, and handling of var-
ious chemicals; and 
‘‘(vi) operation and maintenance pro-
cedures. 
‘‘(C) SITE
SECURITY
PLAN.—A vulner-
ability assessment shall include a site security 
plan to identify specific security enhancements, 
including 
procedures, 
countermeasures, 
or 
equipment that the owner or operator of a 
treatment works will implement or utilize to re-
duce the vulnerabilities identified through the 
review under subparagraph (B) (including the 
identification of the extent to which implemen-
tation or utilization of such security enhance-
ments may impact the operations of the treat-
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ment works in meeting the goals and require-
ments of this Act). 
‘‘(D) GUIDELINES.— 
‘‘(i) IN
GENERAL.—Not later than 
December 31, 2009, the Administrator, in 
consultation with the Secretary of Home-
land Security, shall develop and publish 
guidelines for carrying out a vulnerability 
assessment, consistent with this section 
and the goals and requirements of this 
Act, and shall periodically revise such 
guidelines, as appropriate. 
‘‘(ii) IDENTIFICATION
AND
EVALUA-
TION
OF
SECURITY
ENHANCEMENTS.—In 
developing the guidelines described in 
clause (i), the Administrator shall— 
‘‘(I) identify an array of potential 
security enhancements, including pro-
cedures, countermeasures, or equip-
ment, that the owner or operator of a 
treatment works can implement or 
utilize to reduce the vulnerability of 
the treatment works; and 
‘‘(II) include information on the 
potential effectiveness of such security 
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enhancements in reducing the vulner-
ability of the treatment works. 
‘‘(iii) RISK-BASED
EVALUATION
OF 
TREATMENT WORKS.— 
‘‘(I) IN GENERAL.—In developing 
the guidelines described in clause (i), 
the Administrator shall develop stand-
ards for assigning individual treat-
ment works into 4 risk-based classi-
fications. 
‘‘(II) STANDARDS
FOR
RISK- 
BASED
CLASSIFICATIONS.—In devel-
oping such standards, the Adminis-
trator shall consider— 
‘‘(aa) the size of the treat-
ment works; 
‘‘(bb) the proximity of the 
treatment works to large popu-
lation centers; 
‘‘(cc) the potential adverse 
impacts of an intentional act on 
the operation of the treatment 
works or on critical infrastruc-
ture, public health or safety, or 
the environment; and 
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‘‘(dd) any other factor which 
the Administrator determines to 
be appropriate. 
‘‘(III) 
CRITERIA
FOR
AP-
PROVAL.—The Administrator may as-
sign differing criteria for the approval 
of a vulnerability assessment under 
paragraph (4) based on the risk-based 
classification of the treatment works. 
‘‘(iv) SUBSTANCE OF CONCERN.— 
‘‘(I) IN GENERAL.—In developing 
the guidelines described in clause (i), 
the Administrator, in consultation 
with the Secretary of Homeland Secu-
rity, may designate any chemical sub-
stance as a substance of concern. 
‘‘(II) THRESHOLD
QUANTITY.— 
At the time a substance is designated 
pursuant to subclause (I), the Admin-
istrator shall establish by rule a 
threshold quantity for the release or 
theft of the substance, taking into ac-
count the toxicity, reactivity, volatility, 
dispersability, 
combustibility, 
and 
flammability of the substance and the 
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amount of the substance which, as a 
result of the release, is known to 
cause or may be reasonably antici-
pated to cause death, injury, or a sub-
stantial adverse effect to critical infra-
structure, public health or safety, or 
the environment. 
‘‘(III) CONSIDERATION
OF
EX-
ISTING STANDARDS.—In making a de-
termination under subclause (I), the 
Administrator shall take into account 
appendix A of part 27 of title 6, Code 
of Federal Regulations (or any suc-
cessor regulations). 
‘‘(v) REVIEW AND REVISION OF VUL-
NERABILITY ASSESSMENTS.—In developing 
the guidelines described in clause (i), the 
Administrator shall include— 
‘‘(I) a process for the revision, if 
necessary, and resubmission of vulner-
ability 
assessments 
for 
treatment 
works conducted prior to the date of 
enactment of this section to determine 
whether they meet the requirements 
of this section; and 
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‘‘(II) provisions for the periodic 
review of vulnerability assessments 
and revision of vulnerability assess-
ments based on new information pro-
vided by the Administrator, in con-
sultation with the Secretary of Home-
land Security, to the owner or oper-
ator of the treatment works. 
‘‘(3) CERTIFICATION AND DEADLINES.— 
‘‘(A) CERTIFICATION.—Each owner or op-
erator of a treatment works referred to in para-
graph (1) shall certify to the Administrator that 
a vulnerability assessment has been conducted 
for the treatment works and shall submit to the 
Administrator a written copy of the vulner-
ability assessment. 
‘‘(B) DEADLINES.—Certifications and sub-
missions referred to in subparagraph (A) shall 
be made prior to— 
‘‘(i) December 31, 2010, in the case 
of a treatment works with a treatment ca-
pacity of 15,000,000 gallons per day or 
greater or that is assigned to the highest 
risk-based classification under the guide-
lines developed under paragraph (2)(D); 
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‘‘(ii) June 30, 2011, in the case of a 
treatment works that is assigned to the 
second highest risk-based classification 
under the guidelines developed under para-
graph (2)(D); 
‘‘(iii) December 31, 2011, in the case 
of a treatment works that is assigned to 
the third highest risk-based classification 
under the guidelines developed under para-
graph (2)(D); and 
‘‘(iv) June 30, 2012, in the case of a 
treatment works that is assigned to the 
lowest 
risk-based 
classification 
under 
guidelines 
developed 
under 
paragraph 
(2)(D). 
‘‘(4) REVIEW
OF
VULNERABILITY
ASSESS-
MENTS.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date on which the Administrator 
receives a vulnerability assessment under this 
section, the Administrator shall review and ap-
prove or disapprove such assessment. 
‘‘(B) DISAPPROVAL.— 
‘‘(i) IN GENERAL.—The Administrator 
shall disapprove a vulnerability assessment 
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if the Administrator determines that the 
vulnerability assessment does not comply 
with this section (including guidelines de-
veloped under paragraph (2)(D)) or imple-
mentation of any security enhancement 
identified under paragraph (2)(C) is not 
consistent with the goals and requirements 
of this Act. 
‘‘(ii) LIMITATION ON DISAPPROVAL.— 
The Administrator may not disapprove a 
vulnerability assessment submitted under 
this section based on the implementation of 
a particular security enhancement. 
‘‘(iii) PROVISIONS
OF
NOTIFICATION 
OF
DISAPPROVAL.—If the Administrator 
disapproves the vulnerability assessment 
under this section, the Administrator shall 
provide the owner or operator of a treat-
ment works a written notification of the 
disapproval that— 
‘‘(I) includes a clear explanation 
of deficiencies in the vulnerability as-
sessment; 
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‘‘(II) provides guidance to assist 
the owner or operator in addressing 
deficiencies; and 
‘‘(III) requires the owner or oper-
ator to revise the vulnerability assess-
ment to address any deficiencies and, 
by such date as the Administrator de-
termines is appropriate, to submit to 
the Administrator a revised vulner-
ability assessment. 
‘‘(5) PROHIBITION OF PUBLIC DISCLOSURE.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall ensure that vulnerability assessments (in-
cluding site security plans) and other security- 
related information, records, and documents are 
not disclosed except as provided in this section. 
‘‘(B) SPECIFIC
PROHIBITIONS.—In car-
rying out paragraph (1), the Administrator 
shall ensure that any information contained in 
the vulnerability assessment is not disclosed— 
‘‘(i) by any Federal agency under sec-
tion 552 of title 5, United States Code; or 
‘‘(ii) under any State or local law. 
‘‘(C) LIMITATION.—Nothing in this para-
graph shall prohibit the sharing of information, 
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as the Administrator, in consultation with the 
Secretary of Homeland Security, determines to 
be appropriate, with State and local government 
officials possessing the necessary security clear-
ances, including law enforcement officials and 
first responders, for the purpose of carrying out 
this section. 
‘‘(b) GRANTS FOR VULNERABILITY ASSESSMENTS, 
SECURITY ENHANCEMENTS, AND WORKER TRAINING 
PROGRAMS.— 
‘‘(1) IN
GENERAL.—The Administrator may 
make grants to a State, municipality, or intermunic-
ipal or interstate agency— 
‘‘(A) to conduct a vulnerability assessment 
of a publicly owned treatment works; 
‘‘(B) to implement security enhancements 
listed in paragraph (2) to reduce vulnerabilities 
identified in an approved vulnerability assess-
ment; 
‘‘(C) to implement additional security en-
hancements to reduce vulnerabilities identified 
in an approved vulnerability assessment; and 
‘‘(D) to provide for security-related train-
ing of employees of the treatment works and 
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training for first responders and emergency re-
sponse providers. 
‘‘(2) 
GRANTS
FOR
SECURITY
ENHANCE-
MENTS.— 
‘‘(A) PREAPPROVED SECURITY ENHANCE-
MENTS.—The Administrator may make a grant 
to an applicant under paragraph (1)(B) to im-
plement a security enhancement of a treatment 
works (identified in an approved vulnerability 
assessment) for 1 or more of the following: 
‘‘(i) Purchase and installation of 
equipment for access control, intrusion 
prevention and delay, and detection of in-
truders and hazardous or dangerous sub-
stances, including— 
‘‘(I) barriers, fencing, and gates; 
‘‘(II) security lighting and cam-
eras; 
‘‘(III) metal grates, wire mesh, 
and outfall entry barriers; 
‘‘(IV) securing of manhole covers 
and fill and vent pipes; 
‘‘(V) installation and re-keying of 
doors and locks; and 
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‘‘(VI) smoke, chemical, and ex-
plosive mixture detection systems. 
‘‘(ii) Security improvements to elec-
tronic, computer, or other automated sys-
tems and remote security systems, includ-
ing controlling access to such systems, in-
trusion detection and prevention, and sys-
tem backup. 
‘‘(iii) Participation in training pro-
grams and the purchase of training manu-
als and guidance materials relating to se-
curity. 
‘‘(iv) Security screening of employees 
or contractor support services. 
‘‘(B) ADDITIONAL
SECURITY
ENHANCE-
MENTS.— 
‘‘(i) IN GENERAL.—The Administrator 
may make grants under paragraph (1)(C) 
to an applicant for additional security en-
hancements not listed in subparagraph (A) 
that are identified in an approved vulner-
ability assessment. 
‘‘(ii) ELIGIBILITY.—To be eligible for 
a grant under this subparagraph, an appli-
cant must have an approved vulnerability 
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assessment and shall submit an application 
to the Administrator containing such infor-
mation as the Administrator may request. 
‘‘(C) LIMITATION
ON
USE
OF
FUNDS.— 
Grants under this paragraph may not be used 
for personnel costs or operation or maintenance 
of facilities, equipment, or systems. 
‘‘(D) 
FEDERAL
SHARE.—The 
Federal 
share of the cost of activities funded by a grant 
under paragraph (1) may not exceed 75 per-
cent. 
‘‘(c) TECHNICAL ASSISTANCE FOR SMALL PUBLICLY 
OWNED TREATMENT WORKS.— 
‘‘(1) SECURITY
ASSESSMENT
AND
PLANNING 
ASSISTANCE.—The Administrator, in coordination 
with the States, may provide technical guidance and 
assistance to small publicly owned treatment works 
on conducting a vulnerability assessment and imple-
mentation of security enhancements to reduce 
vulnerabilities identified in an approved vulnerability 
assessment. Such assistance may include technical 
assistance programs, training, and preliminary engi-
neering evaluations. 
‘‘(2) PARTICIPATION BY NONPROFIT ORGANIZA-
TIONS.—The Administrator may make grants to 
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nonprofit organizations to assist in accomplishing 
the purposes of this subsection. 
‘‘(3) SMALL
PUBLICLY
OWNED
TREATMENT 
WORKS
DEFINED.—In this subsection, the term 
‘small publicly owned treatment works’ means a 
publicly owned treatment works that services a pop-
ulation of fewer than 10,000 persons. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated annually to the Adminis-
trator for fiscal years 2010 through 2014— 
‘‘(1) $200,000,000 for making grants under 
subsection (b); and 
‘‘(2) $15,000,000 for providing technical assist-
ance under subsection (c). 
Such sums shall remain available until expended.’’. 
Æ 
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