The Association of Metropolitan Sewerage Agencies has endorsed a House bill, H.R. 5169, that the group says will provide much-needed funding for municipal treatment works to perform vulnerability assessments and make critical security enhancements.
House Transportation and Infrastructure Chairman Don Young (R-AK) and Ranking Member James Oberstar (D-MN) as well as Chairman John Duncan (R-TN) and Ranking Member Peter DeFazio (D-OR) of the Water Resources and Environment Subcommittee, introduced HR 5169 before Congress left for a month-long August recess.
The bill instructs the Environmental Protection Agency not to offer grants for personnel costs or operation or maintenance of facilities, equipment, or systems. But EPA does not have to require an applicant to furnish a copy of a vulnerability assessment before issuing money.
The bill also stipulates that the federal share of the cost of activities funded by a grant may not exceed 75 percent under most circumstances.
AMSA called the measure an example of bipartisan consensus that "will provide municipalities with the tools needed to meet this important objective. AMSA stands ready to help this legislation become a reality," said Ken Kirk, AMSA's Executive Director.
"The main goals set forth in H.R. 5169 - to conduct vulnerability assessments of publicly owned treatment works and to implement security enhancements to reduce vulnerabilities identified in a vulnerability assessment - will help make sure that this nation's critical infrastructure is more secure.
"As municipalities face the triple expenses of upgrading aging wastewater infrastructure, dealing with the daunting costs of wet weather requirements, and, in the wake of September 11, 2001, facing large security upgrade costs, H.R. 5169 plays a key role by providing vital financial help at a critical juncture for municipalities. AMSA looks forward to making H.R. 5169 a reality during this session of Congress," the group said.
Critical Infrastructure Data
An industry coalition warned lawmakers July 23 that "critical" water infrastructure data should not be available to the public because of national security concerns.
The group includes the Association of Metropolitan Water Agencies, Association of Metropolitan Sewerage Agencies, American Water Works Association, National Association of Water Companies, National Rural Water Association, National Water Resources Association, and the Water Environment Federation.
Congress is now considering legislation to create a new Department pf Homeland Security. As part of that pending proposal now before the Senate Government Affairs Committee, industry wants information about critical infrastructure protection exempt from the Freedom of Information Act.
The committee is considering legislation for the Department of Homeland Security (DHS) and availability of information is one of the aspects of the package.
"The water sector has significant concerns about sharing sensitive information with agencies or departments that do not have the necessary tools to ensure that it would be protected," the letter said. "This is a risk that cannot be taken."
FOIA was designed to allow the public, most typically news organizations, a way to obtain government documents, particularly when an agency does not voluntarily choose to turn over information.
Industry is seeking a FOIA exemption for voluntarily shared information related to critical infrastructure protection. The groups argue Congress has already set a precedent when it passed the Public Health Security and Bioterrorism Response Act of 2002. That legislation included a FOIA exemption for drinking water vulnerability assessments. It also imposes fines, including prison, for those who leak information to the public that detail those assessments.
Security Assessment Funding
Congressional budgetmakers are eyeing expanded funds for water security and infrastructure improvements under an annual spending bill that funds the EPA and other federal agencies.
The Senate Appropriations Committee passed a proposal that includes earmarks for security assessments and state revolving loan funds. The full Senate will vote on the spending bill this September, following an August recess. The new funding is scheduled to begin Oct. 1.
Among the items listed include $1.45 billion for the wastewater SRF and $875 million for the drinking water SRF.
Another $140 million would go for infrastructure grants to local waterworks; $20 million for EPA to conduct drinking water system vulnerability assessments; and $3.8 million for the American Water Works Research Foundation.
Tank Cleanup Proposal
The White House is expected to sign later this year legislation that accelerates underground storage tank cleanups and limits water contamination from gasoline components, including the clean fuel additive methyl tertiary butyl ether.
The Senate Environment and Public Works Committee July 25 unanimously approved "Underground Storage Tanks Compliance Act of 2002." Senator Lincoln Chafee (R-RI) introduced the legislation in late February but revised it over the course of several months with the help of industry and the key backing of Sen. Jim Jeffords, chairman of the committee, and Barbara Boxer (D-CA).
The Society of Independent Gasoline Marketers of America called it "the first major tank bill in over a decade."
The wide sweeping bill gives states more flexibility when they use federal money to clean up leaking tanks and gives lawmakers the authority to earmark more money for cleanups with a specific amount of $125 million suggested for methyl tertiary butyl ether-related contamination. The measure also forces states to physically inspect all regulated tanks at least once every two years.
