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Senate Bill Would Authorize $265 Million For Wastewater Treatment Plant Security

Sen. James Jeffords (I-Vt.), ranking member of the Senate Environment and Public Works Committee, introduced legislation Nov. 10 that would authorize $265 million to protect wastewater treatment plants from terrorist acts or accidents.
The bill (number unavailable) would require all wastewater facilities in the United States to conduct vulnerability assessments, develop site-security and emergency-response plans, and consider alternative approaches to potentially high-risk treatment methods.

Vulnerability assessments are analyses of a facilities' weaknesses to potential threats.

The measure would authorize $250 million for facilities to conduct such assessments and put emergency response plans in place. The money also would be used to assist small communities in complying with the requirements. In addition, the bill would authorize $15 million for research on innovative technologies.

"We know the potential dangers posed by the use of toxic chemicals at our nation's wastewater treatment plants, and our homeland security strategy should reflect those dangers," Jeffords said in a statement.

The legislation is co-sponsored by Sens. Barbara Boxer (D-Calif.), Frank Lautenberg (D-N.J.), and Barack Obama (D-Ill.).


Chlorine Releases of Concern

The Government Accountability Office released a report in March determining that sewer lines, which could be used to gain access to buildings or to inject hazardous substances that could harm a plant, are the most vulnerable component of a treatment facility (36 DEN 435, 3/4/05 ).
The release of chlorine is the second highest risk, GAO said.

Recently, there have been two major accidents involving trains that were transporting chlorine, Jeffords said in remarks introducing the bill.

In January, nine people were killed in South Carolina when a train carrying chlorine gas was involved in a crash, he said. In an accident in June 2004, three people died when two freight trains collided in Texas and caused a chlorine tank to rupture, he said.

The Environmental Protection Agency has provided about $10 million for wastewater security since 2002, most of which has been used for training and research, according to GAO.

EPA has provided about $200 million for drinking water security and has required drinking water systems to submit vulnerability assessments to the agency.

There are 16,000 wastewater treatment facilities across the United States serving almost 190 million people, according to Jeffords. About 1,600 of them are located near large metropolitan areas.


Legislation Called Inadequate

Ken Kirk, executive director of the National Association of Clean Water Agencies, which represents wastewater facilities, told BNA the new legislation falls short because it does not consider actions already taken by water utilities and current research on security.
"A cursory review of Sen. Jeffords' newly introduced legislation suggests that the bill fails to recognize the fact that many of our nation's wastewater facilities have voluntarily undertaken both security assessments and upgrades," Kirk said.

In addition, the legislation does not acknowledge the "compelling body of studies, reports, and tools" developed since the Bioterrorism Act (Pub. L. 107-188) was passed in 2002.

Kirk said the association supported wastewater security legislation but called for a "more directed approach, advised by the evolution of thinking on this issue since Sept. 11, 2001."

"We look forward to working with the full Environment and Public Works Committee as they consider the security needs of clean water utilities nationwide," Kirk said.



By Patricia Ware