I 
111TH CONGRESS 
1ST SESSION H. R. 3258 
To amend the Safe Drinking Water Act to enhance the security of the 
public water systems of the United States. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2009 
Mr. WAXMAN (for himself, Mr. MARKEY of Massachusetts, Mr. PALLONE, 
Mrs. CAPPS, Mr. SARBANES, and Ms. SCHAKOWSKY) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce 
A BILL 
To amend the Safe Drinking Water Act to enhance the 
security of the public water systems of the United States. 
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 ‘‘Drinking Water Sys-
tem Security Act of 2009’’. 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
SEC. 2. INTENTIONAL ACTS AFFECTING THE SECURITY OF 
COVERED WATER SYSTEMS. 
(a) AMENDMENT OF SAFE DRINKING WATER ACT.— 
Section 1433 of the Safe Drinking Water Act (42 U.S.C. 
300i–2) is amended to read as follows: 
‘‘SEC. 1433. INTENTIONAL ACTS. 
‘‘(a) RISK-BASED PERFORMANCE STANDARDS; VUL-
NERABILITY
ASSESSMENTS; SITE
SECURITY
PLANS; 
EMERGENCY RESPONSE PLANS.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
issue regulations— 
‘‘(A) establishing risk-based performance 
standards for the security of covered water sys-
tems; and 
‘‘(B) establishing requirements and dead-
lines for each covered water system— 
‘‘(i) to conduct a vulnerability assess-
ment or, if the system already has a vul-
nerability assessment, to revise the assess-
ment to be in accordance with this section; 
‘‘(ii) to update the vulnerability as-
sessment not less than every 5 years and 
promptly after any change at the system 
that could cause the reassignment of the 
system to a different risk-based tier under 
subsection (d); 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
‘‘(iii) to develop, implement, and, as 
appropriate, revise a site security plan not 
less than every 5 years and promptly after 
a revision to the vulnerability assessment; 
‘‘(iv) to develop an emergency re-
sponse plan (or, if the system has already 
developed an emergency response plan, to 
revise the plan to be in accordance with 
this section) and revise the plan not less 
than every 5 years thereafter; and 
‘‘(v) to provide annual training to em-
ployees and contractor employees of cov-
ered water systems on implementing site 
security plans and emergency response 
plans. 
‘‘(2) COVERED WATER SYSTEMS.—For purposes 
of this section, the term ‘covered water system’ 
means a public water system that— 
‘‘(A) is a community water system serving 
a population greater than 3,300; or 
‘‘(B) in the discretion of the Adminis-
trator, presents a security risk making regula-
tion under this section appropriate. 
‘‘(3) CONSULTATION
WITH
STATE
AUTHORI-
TIES.—In developing and carrying out the regula-
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
tions under paragraph (1), the Administrator shall 
consult with States exercising primary enforcement 
responsibility for public water systems. 
‘‘(4) CONSULTATION WITH OTHER PERSONS.— 
In developing and carrying out the regulations under 
paragraph (1), the Administrator shall consult with 
the Secretary of Homeland Security, and, as appro-
priate, other persons regarding— 
‘‘(A) provision of threat-related and other 
baseline information to covered water systems; 
‘‘(B) designation of substances of concern; 
‘‘(C) development of risk-based perform-
ance standards; 
‘‘(D) establishment of risk-based tiers and 
process for the assignment of covered water 
systems to risk-based tiers; 
‘‘(E) process for the development and eval-
uation of vulnerability assessments, site security 
plans, and emergency response plans; 
‘‘(F) treatment of protected information; 
‘‘(G) security at co-managed drinking 
water and wastewater facilities; and 
‘‘(H) such other matters as the Adminis-
trator determines necessary. 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
‘‘(5) SUBSTANCES OF CONCERN.—For purposes 
of this section, the Administrator, in consultation 
with the Secretary of Homeland Security— 
‘‘(A) may designate any chemical sub-
stance as a substance of concern; 
‘‘(B) at the time any substance is des-
ignated pursuant to subparagraph (A), shall es-
tablish by rule a threshold quantity for the re-
lease or theft of the substance, taking into ac-
count 
the 
toxicity, 
reactivity, 
volatility, 
dispersability, combustibility, and flammability 
of the substance and the amount of the sub-
stance that, as a result of a release, is known 
to cause or may be reasonably anticipated to 
cause death, injury, or serious adverse effects to 
human health or the environment; and 
‘‘(C) in making such a designation, shall 
take into account appendix A to part 27 of title 
6, Code of Federal Regulations (or any suc-
cessor regulations). 
‘‘(6) BASELINE INFORMATION.—The Adminis-
trator, after consultation with appropriate depart-
ments and agencies of the Federal Government and 
with State, local, and tribal governments, shall, for 
purposes of facilitating compliance with the require-
VerDate Nov 24 2008 
02:49 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
ments of this section, promptly after the effective 
date of the regulations under subsection (a)(1) and 
as appropriate thereafter, provide baseline informa-
tion to covered water systems regarding which kinds 
of intentional acts are the probable threats to— 
‘‘(A) substantially disrupt the ability of the 
system to provide a safe and reliable supply of 
drinking water; 
‘‘(B) cause the release of a substance of 
concern at the covered water system; or 
‘‘(C) cause the theft, misuse, or misappro-
priation of a substance of concern. 
‘‘(b) RISK-BASED PERFORMANCE STANDARDS.—The 
regulations under subsection (a)(1) shall set forth risk- 
based performance standards for site security plans re-
quired by this section. The standards shall be separate 
and, as appropriate, increasingly stringent based on the 
level of risk associated with the covered water system’s 
risk-based tier assignment under subsection (d). In devel-
oping such standards, the Administrator shall take into 
account section 27.230 of title 6, Code of Federal Regula-
tions (or any successor regulations). 
‘‘(c) VULNERABILITY
ASSESSMENT.—The regula-
tions under subsection (a)(1) shall require each covered 
water system to assess the system’s vulnerability to a 
VerDate Nov 24 2008 
02:49 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
range of intentional acts, including an intentional act that 
results in a release of a substance of concern that is known 
to cause or may be reasonably anticipated to cause death, 
injury, or serious adverse effects to human health or the 
environment. At a minimum, the vulnerability assessment 
shall include a review of— 
‘‘(1) pipes and constructed conveyances; 
‘‘(2) physical barriers; 
‘‘(3) water collection, pretreatment, treatment, 
storage, and distribution facilities; 
‘‘(4) electronic, computer, and other automated 
systems that are used by the covered water system; 
‘‘(5) the use, storage, or handling of various 
chemicals, including substances of concern; 
‘‘(6) the operation and maintenance of the cov-
ered water system; and 
‘‘(7) the covered water system’s resiliency and 
ability to ensure continuity of operations in the 
event of a disruption caused by an intentional act. 
‘‘(d) RISK-BASED TIERS.—The regulations under 
subsection (a)(1) shall provide for 4 risk-based tiers appli-
cable to covered water systems, with tier one representing 
the highest degree of security risk. 
‘‘(1) ASSIGNMENT OF RISK-BASED TIERS.— 
VerDate Nov 24 2008 
02:49 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
‘‘(A) SUBMISSION OF INFORMATION.—The 
Administrator may require a covered water sys-
tem to submit information in order to deter-
mine the appropriate risk-based tier for the cov-
ered water system. 
‘‘(B) FACTORS
TO
CONSIDER.—The Ad-
ministrator shall assign (and reassign when ap-
propriate) each covered water system to one of 
the risk-based tiers established pursuant to this 
subsection. In assigning a covered water system 
to a risk-based tier, the Administrator shall 
consider the potential consequences (such as 
death, injury, or serious adverse effects to 
human health, the environment, critical infra-
structure, national security, and the national 
economy) from— 
‘‘(i) an intentional act to cause a re-
lease, including a worst-case release, of a 
substance of concern at the covered water 
system; 
‘‘(ii) an intentional act to introduce a 
contaminant into the drinking water sup-
ply or disrupt the safe and reliable supply 
of drinking water; and 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
‘‘(iii) an intentional act to steal, mis-
appropriate, or misuse substances of con-
cern. 
‘‘(2) EXPLANATION FOR RISK-BASED TIER AS-
SIGNMENT.—The Administrator shall provide each 
covered water system assigned to a risk-based tier 
with the reasons for the tier assignment and whether 
such system is required to submit an assessment 
under subsection (g)(2). 
‘‘(e) DEVELOPMENT AND IMPLEMENTATION OF SITE 
SECURITY PLANS.—The regulations under subsection 
(a)(1) shall permit each covered water system, in devel-
oping and implementing its site security plan required by 
this section, to select layered security and preparedness 
measures that, in combination, appropriately— 
‘‘(1) address the security risks identified in its 
vulnerability assessment; and 
‘‘(2) comply with the applicable risk-based per-
formance standards required under this section. 
‘‘(f) ROLE OF EMPLOYEES.— 
‘‘(1) DESCRIPTION
OF
ROLE.—Site security 
plans and emergency response plans required under 
this section shall describe the appropriate roles or 
responsibilities that employees and contractor em-
ployees are expected to perform to deter or respond 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
to the intentional acts described in subsection 
(d)(1)(B). 
‘‘(2) TRAINING
FOR
EMPLOYEES.—Each cov-
ered water system shall annually provide employees 
and contractor employees with roles or responsibil-
ities described in paragraph (1) with a minimum of 
8 hours of training on carrying out those roles or re-
sponsibilities. 
‘‘(3) EMPLOYEE
PARTICIPATION.—In devel-
oping, revising, or updating a vulnerability assess-
ment, site security plan, and emergency response 
plan required under this section, a covered water 
system shall include— 
‘‘(A) at least one supervisory and at least 
one non-supervisory employee of the covered 
water system; and 
‘‘(B) at least one representative of each 
certified or recognized bargaining agent rep-
resenting facility employees or contractor em-
ployees with roles or responsibilities described 
in paragraph (1), if any, in a collective bar-
gaining relationship with the private or public 
owner or operator of the system or with a con-
tractor to that system.
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
‘‘(g) METHODS TO REDUCE THE CONSEQUENCES OF 
A CHEMICAL RELEASE FROM AN INTENTIONAL ACT.— 
‘‘(1) DEFINITION.—In this section, the term 
‘method to reduce the consequences of a chemical re-
lease from an intentional act’ means a measure at 
a covered water system that reduces or eliminates 
the potential consequences of a release of a sub-
stance of concern from an intentional act such as— 
‘‘(A) the elimination or reduction in the 
amount of a substance of concern possessed or 
planned to be possessed by a covered water sys-
tem through the use of alternate substances, 
formulations, or processes; 
‘‘(B) the modification of pressures, tem-
peratures, or concentrations of a substance of 
concern; and 
‘‘(C) the reduction or elimination of onsite 
handling of a substance of concern through im-
provement of inventory control or chemical use 
efficiency. 
‘‘(2) ASSESSMENT.—For each covered water 
system that possesses or plans to possess a sub-
stance of concern in excess of the release threshold 
quantity set by the Administrator under subsection 
(a)(5), the regulations under subsection (a)(1) shall 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
require the covered water system to include in its 
site security plan an assessment of methods to re-
duce the consequences of a chemical release from an 
intentional act at the covered water system. The cov-
ered water system shall provide such assessment to 
the Administrator and the State exercising primary 
enforcement responsibility for the covered water sys-
tem, if any. The regulations under subsection (a)(1) 
shall require the system, in preparing the assess-
ment, to consider factors appropriate to the system’s 
security, public health, or environmental mission, 
and include— 
‘‘(A) a description of the methods to re-
duce the consequences of a chemical release 
from an intentional act; 
‘‘(B) how each described method to reduce 
the consequences of a chemical release from an 
intentional act could, if applied, reduce the po-
tential extent of death, injury, or serious ad-
verse effects to human health resulting from a 
chemical release; 
‘‘(C) how each described method to reduce 
the consequences of a chemical release from an 
intentional act could, if applied, affect the pres-
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
ence of contaminants in treated water, human 
health, or the environment; 
‘‘(D) whether each described method to re-
duce the consequences of a chemical release 
from an intentional act at the covered water 
system is feasible, as defined in section 
1412(b)(4)(D), but not including cost calcula-
tions under subparagraph (E); 
‘‘(E) the costs (including capital and oper-
ational costs) and avoided costs (including sav-
ings and liabilities) associated with applying 
each described method to reduce the con-
sequences of a chemical release from an inten-
tional act at the covered water system; 
‘‘(F) any other relevant information that 
the covered water system relied on in con-
ducting the assessment; and 
‘‘(G) a statement of whether the covered 
water system has implemented or plans to im-
plement one or more methods to reduce the 
consequences of a chemical release from an in-
tentional act, a description of any such meth-
ods, and, in the case of a covered water system 
described in paragraph (3)(A), an explanation 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
of the reasons for any decision not to imple-
ment any such methods. 
‘‘(3) REQUIRED METHODS.— 
‘‘(A) APPLICATION.—This paragraph ap-
plies to a covered water system— 
‘‘(i) that is assigned to one of the two 
highest risk-based tiers under subsection 
(d); and 
‘‘(ii) that possesses or plans to possess 
a substance of concern in excess of the re-
lease threshold quantity set by the Admin-
istrator under subsection (a)(5). 
‘‘(B) HIGHEST-RISK SYSTEMS.—If, on the 
basis of its assessment under paragraph (2), a 
covered water system described in subparagraph 
(A) decides not to implement methods to reduce 
the consequences of a chemical release from an 
intentional act, the State exercising primary en-
forcement responsibility for the covered water 
system, if the system is located in such a State, 
or the Administrator, if the covered water sys-
tem is not located in such a State, shall, in ac-
cordance with a timeline set by the Adminis-
trator— 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
‘‘(i) determine whether to require the 
covered water system to implement the 
methods; and 
‘‘(ii) for States exercising primary en-
forcement responsibility, report such deter-
mination to the Administrator. 
‘‘(C) STATE OR ADMINISTRATOR’S CONSID-
ERATIONS.—Before requiring, pursuant to sub-
paragraph (B), the implementation of a method 
to reduce the consequences of a chemical re-
lease from an intentional act, the State exer-
cising primary enforcement responsibility for 
the covered water system, if the system is lo-
cated in such a State, or the Administrator, if 
the covered water system is not located in such 
a State, shall consider factors appropriate to 
the security, public health, and environmental 
missions of covered water systems, including an 
examination of whether the method— 
‘‘(i) would significantly reduce the 
risk of death, injury, or serious adverse ef-
fects to human health resulting directly 
from a chemical release from an inten-
tional act at the covered water system; 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
‘‘(ii) would not increase the interim 
storage of a substance of concern by the 
covered water system; 
‘‘(iii) would not render the covered 
water system unable to comply with other 
requirements of this Act or drinking water 
standards established by the State or polit-
ical subdivision in which the system is lo-
cated; and 
‘‘(iv) is feasible, as defined in section 
1412(b)(4)(D), to be incorporated into the 
operation of the covered water system. 
‘‘(4) INCOMPLETE OR LATE ASSESSMENTS.— 
‘‘(A) INCOMPLETE ASSESSMENTS.—If the 
Administrator finds that the covered water sys-
tem, in conducting its assessment under para-
graph (2), did not meet the requirements of 
paragraph (2) and the applicable regulations, 
the Administrator shall, after notifying the cov-
ered water system and the State exercising pri-
mary enforcement responsibility for that sys-
tem, if any, require the covered water system to 
submit a revised assessment not later than 60 
days after the Administrator notifies such sys-
tem. The Administrator may require such addi-
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
tional revisions as are necessary to ensure that 
the system meets the requirements of para-
graph (2) and the applicable regulations. 
‘‘(B) LATE ASSESSMENTS.—If the Admin-
istrator finds that a covered water system, in 
conducting its assessment pursuant to para-
graph (2), did not complete such assessment in 
accordance with the deadline set by the Admin-
istrator, the Administrator may, after notifying 
the covered water system and the State exer-
cising primary enforcement responsibility for 
that system, if any, take appropriate enforce-
ment action under subsection (o). 
‘‘(C) REVIEW.—The State exercising pri-
mary enforcement responsibility for the covered 
water system, if the system is located in such 
a State, or the Administrator, if the system is 
not located in such a State, shall review a re-
vised assessment that meets the requirements 
of paragraph (2) and applicable regulations to 
determine whether the covered water system 
will be required to implement methods to reduce 
the consequences of an intentional act pursuant 
to paragraph (3). 
‘‘(5) ENFORCEMENT.— 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
‘‘(A) FAILURE BY STATE TO MAKE DETER-
MINATION.—Whenever the Administrator finds 
that a State exercising primary enforcement re-
sponsibility for a covered water system has 
failed to determine whether to require the cov-
ered water system to implement methods to re-
duce the consequences of a chemical release 
from an intentional act, as required by para-
graph (3)(B), the Administrator shall so notify 
the State and covered water system. If, beyond 
the thirtieth day after the Administrator’s noti-
fication under the preceding sentence, the State 
has failed to make the determination described 
in such sentence, the Administrator shall so no-
tify the State and covered water system and 
shall determine whether to require the covered 
water system to implement methods to reduce 
the consequences of a chemical release from an 
intentional act based on the factors described in 
paragraph (3)(C). 
‘‘(B) FAILURE BY STATE TO BRING EN-
FORCEMENT
ACTION.—If the Administrator 
finds, with respect to a period in which a State 
has primary enforcement responsibility for a 
covered water system, that the system has 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
failed to implement methods to reduce the con-
sequences of a chemical release from an inten-
tional act (as required by the State or the Ad-
ministrator under paragraph (3)(B) or the Ad-
ministrator under subparagraph (A)), the Ad-
ministrator shall so notify the State and the 
covered water system. If, beyond the thirtieth 
day after the Administrator’s notification under 
the preceding sentence, the State has not com-
menced appropriate enforcement action, the Ad-
ministrator shall so notify the State and may 
commence an enforcement action against the 
system, including by seeking or imposing civil 
penalties under subsection (o), to require imple-
mentation of such methods. 
‘‘(C) CONSIDERATION OF CONTINUED PRI-
MARY ENFORCEMENT RESPONSIBILITY.—For a 
State with primary enforcement responsibility 
for a covered water system, the Administrator 
may consider the failure of such State to make 
a determination as described under subpara-
graph (A) or to bring enforcement action as de-
scribed under subparagraph (B) when deter-
mining whether a State may retain primary en-
forcement responsibility under this Act. 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS
‘‘(h) REVIEW BY ADMINISTRATOR.— 
‘‘(1) IN GENERAL.—The regulations under sub-
section (a)(1) shall require each covered water sys-
tem to submit its vulnerability assessment and site 
security plan to the Administrator for review accord-
ing to deadlines set by the Administrator. The Ad-
ministrator shall review each vulnerability assess-
ment and site security plan submitted under this 
section and— 
‘‘(A) if the assessment or plan has any sig-
nificant deficiency described in paragraph (2), 
require the covered water system to correct the 
deficiency; or 
‘‘(B) approve such assessment or plan. 
‘‘(2) SIGNIFICANT
DEFICIENCIES.—A vulner-
ability assessment or site security plan of a covered 
water system has a significant deficiency under this 
subsection if the Administrator, in consultation, as 
appropriate, with the State exercising primary en-
forcement responsibility for such system, if any, de-
termines that— 
‘‘(A) such assessment does not comply with 
the regulations established under section (a)(1); 
or 
‘‘(B) such plan— 
VerDate Nov 24 2008 
02:12 Jul 21, 2009
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3258.IH
H3258
jbell on DSKDVH8Z91PROD with BILLS