House panel moves chemical security bills

Source: AWWA Streamlines Staff

Two bills that will increase government oversight of security at water and wastewater facilities were passed by a House subcommittee Oct. 14.

The House Energy and Commerce Subcommittee on Energy and Environment approved

the Drinking Water System Security Act (HR3258), which requires USEPA to implement chemical security antiterrorism standards for community water systems; and
the Chemical Facility Anti-Terrorism Act (HR2868), which requires the Department of Homeland Security to implement such standards for wastewater facilities.

Both bills contain a provision allowing government to require chemical facilities, including water and wastewater facilities, to use what a regulator perceives as being a safer chemical or process, known as inherently safer technology (IST.)

The subcommittee defeated attempts to delete the IST provision from the bills and an effort to extend the existing law, which excludes water and wastewater facilities. Also defeated was a proposal to bar states from enacting laws more stringent than federal regulations and provisions that would have.

The chemical causing most concern at water treatment facilities is chlorine. If regulators determine that a facility using chlorine is "high risk," the bills give them the authority to order a utility to change its disinfectant chemicals. AWWA and other water sector officials have warned that such a change is a complex decision. HR3258 puts that decision in the hands of state officials.

The Drinking Water System Security Act was amended to add a provision that would require the state (or USEPA where it has primacy for drinking water regulation) to provide a water system with an opportunity to appeal if it disagrees with an IST decision by government, one of the changes requested by AWWA and water associations.

The bills now must be approved by the full Energy and Commerce Committee, which is expected to occur next week.