[Congressional Record Volume 151, Number 149 (Thursday, November 10, 2005)]
[Senate]
[Pages S12686-S12687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JEFFORDS (for himself, Mr. Lautenberg, Mrs. Boxer, and Mr. 
        Obama):
  S. 1995. A bill to amend the Federal Water Pollution Control Act to 
enhance the security of wastewater treatment works; to the Committee on 
Environment and Public Works.
  Mr. JEFFORDS. Mr. President, today I rise to introduce the Wastewater 
Treatment Works Security Act of 2005. This legislation is designed to 
improve the safety and security of our Nation's wastewater treatment 
systems.
  There are 16,000 wastewater treatment facilities across the United 
States serving almost 190 million people. Approximately 1,600 
facilities are located near large metropolitan areas. These industrial 
facilities use large quantities of toxic chemicals in their treatment 
and disinfection processes, and their collection systems run beneath 
every city and town in America.
  A recent Department of Homeland Security planning scenario estimates 
that a chlorine tank explosion could result in 17,500 deaths, 10,000 
severe injuries, and 100,000 hospitalizations. In February 2005, the 
Government Accountability Office (GAO) released a report on wastewater 
security which ranks the release of chlorine as the number two security 
risk after damage to sewer collection systems.
  In the past few years alone, fatal accidents involving large 
quantities of chlorine have reminded us of the highly volatile nature 
of this popular wastewater disinfection agent. In January 2005, 9 
people were killed in South Carolina when a train carrying chlorine gas 
was involved in a crash. In June 2004, 3 people died when two freight 
trains collided in Texas and caused a chlorine tank to rupture.
  At the very least, wastewater facilities that use chlorine should 
evaluate how the chemical is stored on site and how to react in the 
event of a harmful intentional act. The GAO report on wastewater 
security recommends mandatory vulnerability assessments and emergency 
response plans as an immediate step towards addressing the security 
concerns.
  The Wastewater Treatment Works Security Act takes the essential first 
step in closing the security gaps that make our wastewater treatment 
systems vulnerable to terrorist attack. The provisions contained in 
this bill are the product of four years worth of lessons learned since 
9/11, mirroring similar legislative efforts to secure critical 
infrastructure and minimize potential terrorist targets.
  This legislation requires all wastewater facilities to conduct 
vulnerability assessments and to develop or modify site security and 
emergency response plans to incorporate the results of the 
vulnerability assessments. Treatment works must certify that 
alternative approaches, such as using smaller quantities or replacing 
substances of concern, were considered in their site security plans. It 
requires that these documents be submitted to EPA for review, and it 
includes significant security measures to protect this information from 
unauthorized disclosure.
  Additionally, the legislation authorizes $250 million for assistance 
in completing vulnerability assessments, for immediate security 
improvements, and for assistance to small treatment works. Finally, it 
authorizes $15 million for research to identify threats,

[[Page S12687]]

detection methods and response actions. This bill makes tangible 
progress towards more secure and better prepared wastewater treatment 
works.
  By contrast, drinking water facilities have conducted vulnerability 
assessments under the Safe Drinking Water Act since 2002, when Congress 
passed H.R. 3448, the Public Health and Bioterrorism Preparedness 
Response Act, P.L. 107-188. These plants are often co-located. It makes 
no sense to adopt strong standards for one infrastructure sector and 
not the other. In anticipation of congressional action on wastewater 
security, EPA has already issued guidance on conducting vulnerability 
assessments of wastewater treatment works, and many plants have already 
completed them.
  The Wastewater Treatment Works Security Act will codify what are now 
voluntary prevention and security measures and require all wastewater 
facilities to complete vulnerability assessments and emergency response 
plans, just as drinking water facilities have done since 2002.
  Our homeland security strategy begins with protecting critical 
infrastructure, and wastewater treatment facilities can no longer 
remain the exception. I urge my colleagues to support this legislation.
                                 ______