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A federal working group established by the August 1, 2013 Executive Order 13650 – Improving Chemical Facility Safety and Security released its June 6 Report for the President, Actions to Improve Chemical Facility Safety and Security – A Shared Commitment . This report specifically recommends removing the Chemical Facility Anti-Terrorism Standards (CFATS) exemption for drinking water and wastewater utilities – an exemption that NACWA and other water sector associations worked hard to obtain when chemical safety was being discussed in the wake of the 9-11 attacks and the CFATS program’s ultimate establishment in 2007. In addition, the report recommends increased use of inherently safer technologies (IST) at drinking water and wastewater treatment facilities, potentially through regulation, and increased public access to Risk Management Plan (RMP) data.

To go into effect, these recommendations would have to be embraced by a sharply divided Congress – a high hurdle – but the impact if they ever were to be implemented would be significant on public utilities. NACWA plans to send comments on the report to the federal working group and would appreciate input from members. Please send your comments to Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by June 18.

Report Recommends Changes to Water Utility Security

The working group that issued this report consists of representatives from various federal agencies, including the Department of Homeland Security (DHS) and the U.S. Environmental Protection Agency (EPA). The working group was established by Executive Order 13650 to identify a federal action plan to enhance the safety and security of chemical facilities and reduce risks associated with hazardous chemicals to facility workers, communities, and responders. One focus of the working group was how to strengthen the DHS CFATS program, which regulates security at facilities that use or process potentially dangerous chemicals.

One of the short-term actions (within one year) of the working group’s federal action plan is to “work with Congress to pursue action to remove the Water and Wastewater Treatment Facilities Exemption from CFATS so that security at these facilities can be regulated.” The report explains the recommendation to remove the exemption as follows:

“Removing the Water and Wastewater Treatment Facilities Exemption from CFATS – Many water and wastewater treatment facilities may present attractive terrorist targets due to their large stores of potentially high-risk chemicals and their proximities to population centers. In order to properly address the risks presented by the chemicals located at many of these facilities, the exemption from CFATS for water and wastewater treatment facilities could be removed and security at these facilities could be regulated. These activities will be completed in collaboration with the EPA.”

In addition, the working group recommends use of IST at facilities and although it states that “the risk reduction measure is facility-specific and must be made by those with full knowledge of the facility’s process after fully considering all risks,” regulatory action to encourage the use of IST is also recommended. The report also recommends further sharing of Risk Management Plan (RMP) data with the general public. NACWA and the other water sector associations successfully requested  in 2012 that EPA not make Non-Offsite Consequence Analysis data from RMPs available on the web for security reasons. This report specifies that Offsite Consequence Analysis data will remain protected, but does not indicate plans for Non-Offsite information.

NACWA Requests Member Input on Report Recommendations

NACWA’s advocacy helped secure the wastewater utility exemption from CFATS when the program was initially established, in large part because the water sector was already taking safety precautions even before 9-11, and the Association has continued to support this exemption. The CFATS program was always targeted to private chemical facilities and its requirements often did not make sense in the public context where some of its requirement s could actually impair the services provided to the public by water utilities to protect public health and the environment.

If any security regulations are to be placed on public wastewater utilities, NACWA has consistently maintained the position that EPA, rather than DHS, should have authority over utilities, since EPA already has responsibility for regulating clean water agencies under the Clean Water Act (CWA) and is best suited to ensure that the goals of the CWA and the CFATS program do not conflict. The current voluntary partnership between EPA and the water sector has worked well to improve security at wastewater utilities.

NACWA is not opposed to the use of IST at utilities, but believes that these decisions are best made at the local level. Each utility and community should consider the risks involved with its treatment technologies and if necessary, choose alternate technologies that reduce risk while working with the facility’s unique treatment processes and requirements.

NACWA plans to submit comments on this report and would appreciate member input on the issues raised by the report’s recommendations. NACWA will also formulate a message to deliver to Congress at the appropriate time about wastewater utility security. Again, please send any input you have on this issue to Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by June 18.