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‘‘(II) 
ADMINISTRATIVE
AC-
TION.—If, after 30 days after the no-
tification described in subclause (I), a 
State fails to make the determination 
described in that subclause, the Ad-
ministrator shall notify the State and 
the owner or operator of the treat-
ment works and shall determine 
whether to require the owner or oper-
ator to implement a method to reduce 
the consequences of a chemical release 
from an intentional act based on the 
factors described in subparagraph 
(C)(iii). 
‘‘(ii) FAILURE
BY
STATE
TO
BRING 
ENFORCEMENT ACTION.— 
‘‘(I) IN GENERAL.—If, in a State 
with an approved program under sec-
tion 402, the Administrator deter-
mines that the owner or operator of a 
treatment works fails to implement a 
method to reduce the consequences of 
a chemical release from an intentional 
act (as required by the State or the 
Administrator 
under 
subparagraph 
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(C)(ii) or the Administrator under 
clause (i)(II)), the Administrator shall 
notify the State and the owner or op-
erator of the treatment works. 
‘‘(II) ADMINISTRATIVE ENFORCE-
MENT
ACTION.—If, after 30 days 
after the notification described in sub-
clause (I), the State has not com-
menced appropriate enforcement ac-
tion, the Administrator shall notify 
the State and may commence an en-
forcement action against the owner or 
operator of the treatment works, in-
cluding by seeking or imposing civil 
penalties under subsection (j), to re-
quire implementation of such method. 
‘‘(4) CONSULTATION
WITH
STATE
AUTHORI-
TIES.—In developing the regulations under this sub-
section, the Administrator shall consult with States 
with approved programs under section 402. 
‘‘(5) CONSULTATION WITH OTHER PERSONS.— 
In developing the regulations under this subsection, 
the Administrator shall consult with the Secretary of 
Homeland Security, and, as appropriate, other per-
sons regarding— 
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‘‘(A) the provision of threat-related and 
other baseline information to treatment works 
identified under subsection (a)(1); 
‘‘(B) the designation of substances of con-
cern under subsection (c); 
‘‘(C) the development of risk-based per-
formance standards; 
‘‘(D) the establishment of risk-based tiers 
and the process for the assignment of treatment 
works identified under subsection (a)(1) to such 
tiers; 
‘‘(E) the process for the development and 
evaluation of vulnerability assessments, site se-
curity plans, and emergency response plans; 
‘‘(F) the treatment of protected informa-
tion; and 
‘‘(G) any other factor that the Adminis-
trator determines to be appropriate. 
‘‘(6) CONSIDERATION.—In developing the regu-
lations under this subsection, the Administrator 
shall ensure that such regulations are consistent 
with the goals and requirements of this Act. 
‘‘(c) SUBSTANCES OF CONCERN.—For purposes of 
this section, the Administrator, in consultation with the 
Secretary of Homeland Security— 
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‘‘(1) may designate any chemical substance as 
a substance of concern; 
‘‘(2) at the time any chemical substance is des-
ignated pursuant to paragraph (1), shall establish by 
rulemaking a threshold quantity for the release or 
theft of a substance, taking into account the toxicity, 
reactivity, volatility, dispersability, combustability, 
and flammability of the substance and the amount 
of the substance, that, as a result of the release or 
theft, is known to cause, or may be reasonably an-
ticipated to cause, death, injury, or serious adverse 
impacts to human health or the environment; and 
‘‘(3) in making such a designation, shall take 
into account appendix A to part 27 of title 6, Code 
of Federal Regulations (or any successor regulation). 
‘‘(d) REVIEW OF VULNERABILITY ASSESSMENT AND 
SITE SECURITY PLAN.— 
‘‘(1) IN GENERAL.—Each owner or operator of 
a treatment works identified under subsection (a)(1) 
shall submit its vulnerability assessment and site se-
curity plan to the Administrator for review in ac-
cordance with deadlines established by the Adminis-
trator. 
‘‘(2) STANDARD
OF
REVIEW.—The Adminis-
trator shall review each vulnerability assessment and 
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site security plan submitted under this subsection 
and— 
‘‘(A) if the assessment or plan has a sig-
nificant deficiency described in paragraph (3), 
require the owner or operator of the treatment 
works to correct the deficiency; or 
‘‘(B) approve such assessment or plan. 
‘‘(3) SIGNIFICANT
DEFICIENCY.—A vulner-
ability assessment or site security plan of a treat-
ment works has a significant deficiency under this 
subsection if the Administrator, in consultation, as 
appropriate, with a State with an approved program 
under section 402, determines that— 
‘‘(A) such assessment does not comply with 
the regulations promulgated under subsection 
(b); or 
‘‘(B) such plan— 
‘‘(i) fails to address vulnerabilities 
identified in a vulnerability assessment; or 
‘‘(ii) fails to meet applicable risk- 
based performance standards. 
‘‘(4) IDENTIFICATION
OF
DEFICIENCIES.—If 
the Administrator identifies a significant deficiency 
in the vulnerability assessment or site security plan 
of an owner or operator of a treatment works under 
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paragraph (3), the Administrator shall provide the 
owner or operator with a written notification of the 
deficiency that— 
‘‘(A) includes a clear explanation of the de-
ficiency in the vulnerability assessment or site 
security plan; 
‘‘(B) provides guidance to assist the owner 
or operator in addressing the deficiency; and 
‘‘(C) requires the owner or operator to cor-
rect the deficiency and, by such date as the Ad-
ministrator determines appropriate, to submit 
to the Administrator a revised vulnerability as-
sessment or site security plan. 
‘‘(5) STATE, 
LOCAL, 
OR
TRIBAL
GOVERN-
MENTAL
ENTITIES.—No owner or operator of a 
treatment works identified under subsection (a)(1) 
shall be required under State, local, or tribal law to 
provide a vulnerability assessment or site security 
plan described in this section to any State, local, or 
tribal governmental entity solely by reason of the re-
quirement set forth in paragraph (1) that the owner 
or operator of a treatment works submit such an as-
sessment and plan to the Administrator. 
‘‘(e) EMERGENCY RESPONSE PLAN.— 
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‘‘(1) IN GENERAL.—The owner or operator of a 
treatment works identified under subsection (a)(1) 
shall develop or revise, as appropriate, an emergency 
response plan that incorporates the results of the 
current vulnerability assessment and site security 
plan for the treatment works. 
‘‘(2) CERTIFICATION.—The owner or operator 
of a treatment works identified under subsection 
(a)(1) shall certify to the Administrator that the 
owner or operator has completed an emergency re-
sponse plan, shall submit such certification to the 
Administrator not later than 6 months after the first 
completion or revision of a vulnerability assessment 
under this section, and shall submit an additional 
certification following any update of the emergency 
response plan. 
‘‘(3) CONTENTS.—An emergency response plan 
shall include a description of— 
‘‘(A) plans, procedures, and identification 
of equipment that can be implemented or used 
in the event of an intentional act at the treat-
ment works; and 
‘‘(B) actions, procedures, and identification 
of equipment that can obviate or significantly 
reduce the impact of intentional acts to— 
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‘‘(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. 
‘‘(4) COORDINATION.—As part of its emergency 
response plan, the owner or operator of a treatment 
works shall provide appropriate information to any 
local emergency planning committee, local law en-
forcement officials, and local emergency response 
providers to ensure an effective, collective response. 
‘‘(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 of treatment works are expected to perform 
to deter or respond to the intentional acts identified 
in a current vulnerability assessment. 
‘‘(2) TRAINING FOR EMPLOYEES.—The owner 
or operator of a treatment works identified under 
subsection (a)(1) shall annually provide employees 
and contractor employees with the roles or respon-
sibilities described in paragraph (1) with sufficient 
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training, as determined by the Administrator, on 
carrying out those roles or responsibilities. 
‘‘(3) EMPLOYEE
PARTICIPATION.—In devel-
oping, revising, or updating a vulnerability assess-
ment, site security plan, and emergency response 
plan required under this section, the owner or oper-
ator of a treatment works shall include— 
‘‘(A) at least one supervisory and at least 
one nonsupervisory employee of the treatment 
works; 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 owner or operator 
of the treatment works or with a contractor to 
the treatment works. 
‘‘(g) MAINTENANCE OF RECORDS.—The owner or op-
erator of a treatment works identified under subsection 
(a)(1) shall maintain an updated copy of its vulnerability 
assessment, site security plan, and emergency response 
plan on the premises of the treatment works. 
‘‘(h) AUDIT; INSPECTION.— 
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‘‘(1) IN
GENERAL.—The Administrator shall 
audit and inspect a treatment works identified under 
subsection (a)(1), as necessary, for purposes of de-
termining compliance with this section. 
‘‘(2) ACCESS.—In conducting an audit or in-
spection of a treatment works under paragraph (1), 
the Administrator shall have access to the owners, 
operators, employees and contractor employees, and 
employee representatives, if any, of such treatment 
works. 
‘‘(3) CONFIDENTIAL
COMMUNICATION
OF
IN-
FORMATION; AIDING
INSPECTIONS.—The Adminis-
trator shall offer nonsupervisory employees of a 
treatment works the opportunity confidentially to 
communicate information relevant to the compliance 
or noncompliance of the owner or operator of the 
treatment works with this section, including compli-
ance or noncompliance with any regulation or re-
quirement adopted by the Administrator in further-
ance of the purposes of this section. A representative 
of each certified or recognized bargaining agent de-
scribed in subsection (f)(3)(B), if any, or, if none, a 
nonsupervisory employee, shall be given an oppor-
tunity to accompany the Administrator during the 
physical inspection of any treatment works for the 
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purpose of aiding such inspection, if representatives 
of the treatment works will also be accompanying 
the Administrator on such inspection. 
‘‘(i) PROTECTION OF INFORMATION.— 
‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF 
PROTECTED
INFORMATION.—Protected information 
shall— 
‘‘(A) be exempt from disclosure under sec-
tion 552 of title 5, United States Code; and 
‘‘(B) not be made available pursuant to 
any State, local, or tribal law requiring disclo-
sure of information or records. 
‘‘(2) INFORMATION SHARING.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall prescribe such regulations, and may issue 
such orders, as necessary to prohibit the unau-
thorized disclosure of protected information, as 
described in paragraph (7). 
‘‘(B) SHARING OF PROTECTED INFORMA-
TION.—The regulations under subparagraph 
(A) shall provide standards for and facilitate 
the appropriate sharing of protected informa-
tion with and among Federal, State, local, and 
tribal authorities, first responders, law enforce-
ment officials, supervisory and nonsupervisory 
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treatment works personnel with security, oper-
ational, or fiduciary responsibility for the sys-
tem designated by the owner or operator of the 
treatment works, and facility employee rep-
resentatives designated by the owner or oper-
ator of the treatment works, if any. 
‘‘(C) 
INFORMATION
SHARING
PROCE-
DURES.—Such standards shall include proce-
dures for the sharing of all portions of the vul-
nerability assessment and site security plan of 
a treatment works relating to the roles and re-
sponsibilities of the employees or contractor em-
ployees of a treatment works under subsection 
(f)(1) with a representative of each certified or 
recognized bargaining agent representing such 
employees, if any, or, if none, with at least one 
supervisory and at least one non-supervisory 
employee with roles and responsibilities under 
subsection (f)(1). 
‘‘(D) PENALTIES.—Protected information, 
as described in paragraph (7), shall not be 
shared except in accordance with the standards 
provided by the regulations under subparagraph 
(A). Whoever discloses protected information in 
knowing violation of the regulations and orders 
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issued under subparagraph (A) shall be fined 
under title 18, United States Code, imprisoned 
for not more than one year, or both, and, in the 
case of a Federal officeholder or employee, shall 
be removed from Federal office or employment. 
‘‘(3) TREATMENT OF INFORMATION IN ADJU-
DICATIVE PROCEEDINGS.—In any judicial or admin-
istrative proceeding, protected information, as de-
scribed in paragraph (7), shall be treated in a man-
ner consistent with the treatment of sensitive secu-
rity information under section 525 of the Depart-
ment of Homeland Security Appropriations Act, 
2007 (120 Stat. 1381). 
‘‘(4) OTHER
OBLIGATIONS
UNAFFECTED.— 
Nothing in this section amends or affects an obliga-
tion of the owner or operator of a treatment works 
to— 
‘‘(A) submit or make available information 
to employees of the treatment works, employee 
organizations, or a Federal, State, local, or trib-
al government agency under any other provision 
of law; or 
‘‘(B) comply with any other provision of 
law. 
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