Key Group Calls for Stricter Chemical Security Rules, NACWA Ensures Clean Water Community’s Voice Gets Heard

The Center for American Progress (CAP), a Washington, D.C., think tank headed by John Podesta, who is currently on leave to oversee the transition for President-elect Barack Obama, released a report last week recommending a number of revisions to the nation’s chemical security program, which could significantly affect the National Association of Clean Water Agencies’ (NACWA) members.  Because of the influence CAP has with the incoming administration and Congress, NACWA believes the views expressed in the report will have significant weight in the chemical security discussion that will take place in the coming year.

The report, Chemical Security 101: What You Don’t Have Can’t Leak, or Be Blown Up by Terrorists, provides a detailed preview of the regulatory proposals that may emerge from Congress and names specific wastewater treatment plants – including NACWA member facilities – as threats to population centers because of their use of chlorine gas and/or anhydrous sulfur dioxide.  NACWA has fielded a number of calls from the media on these stories and anticipates that a number of member agencies could also receive inquiries.  The Association is providing this additional information and list of talking points to help you formulate a response.

Report Calls for “Inherently Safer Technologies”
The CAP report highlights “the nation’s 101 most dangerous chemical facilities” and names 202 additional facilities that it also considers potentially hazardous.  It includes four publicly owned treatment works (POTWs) in its top 101 list, with29 others among the list of 202 facilities.

NACWA has a number of concerns with the report.  Among other things is a recommendation for replacing certain chemicals with safer alternatives, referred to as inherently safer technologies (IST).  “Adopting safer and more secure alternatives is the only certain way to prevent a catastrophic chemical release,” the report said, adding that that the switch would be affordable and “may provide the most economical solution to chemical security.”  While NACWA has consistently voiced its concerns with the direction of chemical security legislation, the Association also views this as an opportunity to educate members of Congress about its work with the Department of Homeland Security (DHS) and the U.S. Environmental Protection Agency (EPA) to develop sound voluntary programs and the efforts by its member agencies to ensure the strongest protections possible for their facilities.  The debate will also provide an opportunity for NACWA and public clean water agencies to ensure that federal funding accompanies any requirements to switch from chlorine gas to alternative treatment techniques.

Congress Expected to Begin Debate on New CFATS Bill Soon
The report is especially timely as the 111th Congress is expected to consider legislation early in 2009 that would reauthorize and make permanent the Chemical Facilities Anti-Terrorism Standards (CFATS), set to expire in October 2009.  The Center for American Progress is one of several groups that have been pushing for applying IST provisions to public utilities in CFATS legislation.  NACWA was successful in ensuring that POTWs were exempted from the current CFATS regulations, but believes the changing political climate and increased Democratic majorities in the House and Senate make it very unlikely that the water sector will be able to retain its exemption in the reauthorizing legislation.  

The Chemical Facility Anti-Terrorism Act of 2008 (H.R. 5577), the bill considered in the 110th Congress that would have made permanent the current CFATS regulations,  included water and wastewater treatment plants, despite strong advocacy efforts by NACWA to retain the exemption.  The bill also contained IST provisions and gave DHS, rather than EPA,, oversight of water sector security.  Representatives from DHS and EPA indicated during hearings on Capitol Hill that they believed the exemption for water and wastewater utilities represented a significant “gap” in the CFATS program.  However, they also acknowledged that water sector utilities are unique and should be handled differently than private sector chemical facilities.  While most of the legislative activity regarding CFATS reauthorization has centered in the Homeland Security Committee and the Energy and Commerce Committee, which has jurisdiction over drinking water, NACWA has requested that the House Transportation and Infrastructure (T&I) Committee assert jurisdiction over security issues at wastewater treatment plants and is working with key staff to ensure that the legislation language provides flexibility for public utilities.

NACWA is also poised to begin its work on a Critical Issues Action Initiative (CIAI) project to create an advocacy paper focused on the unique nature of public utilities and discussing why a mandated shift to IST may not make the most sense when considering site-specific conditions and the need to meet the requirements of the Clean Water Act.  More specifically, the paper will outline the technical, environmental, logistical, and security-related considerations that must be made when choosing a disinfection method, and stress the need for local decision-making.  Financial impacts will also be considered.  NACWA will use the CIAI advocacy paper in its efforts to prevent IST mandates from being included in new legislation, with the goal of seeking to have treatment techniques remain a local choice for clean water agencies.  

Responding to Media Questions and Concerns
NACWA would like to give its members a heads up that they may receive media calls in response to the Center for American Progress report.  NACWA recommends that the following talking points be used:

• We share the interest of the Center for American Progress in keeping our communities safe, and we are committed to minimizing the risks associated with the transportation, storage, and use of chemicals.
• Proper treatment of wastewater protects public health and the environment.  An appropriate wastewater treatment method must be chosen to fulfill our obligations under the Clean Water Act.
• The decision about which disinfection method to use must be made at the local level, considering all appropriate technical, environmental, logistical, and safety factors.  Cost must also be considered, but it is only one of the many factors involved in the decision.

NACWA will keep members informed about the ongoing debate around chlorine gas and IST.  The CIAI advocacy paper is expected to be completed in early 2009, before Congress begins consideration of new security legislation that will likely include wastewater utilities.  Please contact NACWA’s Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 202/296-9836 with any questions or comments.