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The Issue
Nationwide, there are approximately 168,000 public drinking water
systems. The nation's wastewater infrastructure consists of
approximately 16,000 publicly owned wastewater treatment plants,
100,000 major pumping stations, 600,000 miles of sanitary sewers and
another 200,000 miles of storm sewers. Significant damage to this
infrastructure could result in loss of life, catastrophic
environmental damage to rivers, lakes and wetlands, contamination of
drinking water supplies, long term public health impacts,
destruction of fish and shellfish production, disruption to commerce
and the economy.
In addition, power plants, refineries, transmission and
distribution networks share a similar vulnerability to risks
associated with threats from terrorist attacks and weapons of mass
destruction. Managing the vulnerability of energy infrastructure is
a necessary element of our national security, economic well-being,
and environmental protection.
NGA's Position
Governors agree that the best protection for the water sector
lies in common-sense actions to increase security and reduce threats
from terrorism. These actions include conducting vulnerability
assessments, enhancing physical and electronic security, and
developing emergency response and recovery procedures. Because these
actions take place at the local level, it is imperative that
Congress and the EPA provide the states with increased funding to
carry them out.
In addition to serving as the primary financing mechanisms for
water quality programs, the Clean Water and Drinking Water State
Revolving Funds (SRFs) can also be used for funding water
infrastructure security initiatives. The SRFs afford states
flexibility in identifying infrastructure security needs,
prioritizing those needs, and working with local utilities to ensure
that the needs are fully addressed. Congress and the EPA must ensure
that the SRFs receive additional funding to address security
requirements and that existing SRF funds are not tapped for this
purpose. In the event local governments and utilities are funded
directly by Congress, the Governors urge that these grants be made
available only in coordination with state plans. Local security
measures and plans must be consistent with state plans and should be
approved jointly by Governors and the federal government.
The Governors also support a balanced approach to addressing
energy infrastructure security. Based on the level of vulnerability
and risk, measures should be taken to detect, prevent, control, and
manage the consequences of terrorism directed toward energy
infrastructure.
Current Status
The 2001 Emergency Supplemental Appropriations Act for Recovery
from and Response to Terrorist Attacks on the United States (P.L.
107-38) provided $40 billion to pay the costs of a variety of
responses to the September 11th terrorist attacks. The FY
2002 DOD Appropriations bill, H.R. 3338, distributed $20 billion of
the emergency supplemental appropriations. Of this money $83 million
was appropriated for the Environmental Protection Agency (EPA) to
fund local drinking water vulnerability assessments.
In June, 2002, Congress passed HR 3448 (P.L. 107-188) the Public
Health Security and Bioterrorism Act , which, among other things,
amends the Safe Drinking Water Act (SDWA) concerning drinking water
security. Under Title IV of this bill, EPA was authorized to spend
$120 million in FY 2002 to ensure that community water systems
serving more than 3,300 persons conduct vulnerability assessments.
These systems are also required to prepare or revise emergency
response plans incorporating the results of the vulnerability
assessments. Title IV also establishes two new sections in SDWA. The
first authorizes $35 million for EPA, in consultation with the CDC,
other agencies and state and local governments, to review methods
for addressing the intentional introduction of a chemical,
biological or radiological contaminant into the water system. The
second authorizes $15million for EPA to review the method and means
by which terrorists could disrupt or contaminate the supply of safe
drinking water.
The law also authorized the U.S. Department of Energy (DOE) to
establish programs of financial, technical, or administrative
assistance to enhance the security of critical energy infrastructure
and disseminate best practices. The bill defines critical energy
infrastructure as the "generation, transmission, or distribution of
electric energy, or the production, refining or storage of
petroleum, natural gas, or petroleum product - the incapacity or
destruction of which would have a debilitating effect on the defense
or economic security of the United States." Nuclear facilities are
specifically exempted from the definition. DOE is also authorized
under the bill to take actions to protect against, mitigate the
effect of, and improve the recovery from disruptive incidents. An
advisory committee, with representation from state, local, and
tribal governments is to be established to advise the DOE on such
policies and programs.
Pipeline safety legislation (HR 3609/P.L 107-355), which passed
Congress in November, 2002, included a variety of security issues.
The bill provided authority for the Office of Pipeline Security to
review pipeline company security plans and take corrective action to
remedy unsafe conditions, controlled access requirements for
pipeline maps, increased criminal penalties, and requirements that
pipeline companies establish procedures for attacks and participate
in operator qualification programs. The bill would also authorizd
$88.6 million for state grants and $162 million for pipeline safety
programs.
NGA Policy Reference:
December 19, 2002 |
