**FOR IMMEDIATE RELEASE**	Contact: Dan Hartnett
October 1, 2009	202-331-2820
View/Print pdf	hartnett@amwa.net

AMWA President Testifies on Water Security Legislation
Applauds Absence of Broad Federal "IST" Mandates

Washington, D.C. – Brian Ramaley, President of AMWA and Director of Newport News (Virginia) Waterworks testified before the House Energy and Environment Subcommittee today on H.R. 3258, the “Drinking Water System Security Act of 2009.”  Ramaley applauded sections of H.R. 3258 that would prevent the federal government from broadly imposing so-called “inherently safer technology” (IST) mandates on drinking water utilities, and encouraged Congress to consolidate the regulation of drinking water and wastewater utility security under a single EPA-based program.

Introduced by Rep. Henry Waxman in July, H.R. 3258 would update the EPA security program that currently applies to drinking water utilities while continuing the drinking water sector’s exemption from the Department of Homeland Security’s CFATS chemical facility security program.  Ramaley noted that AMWA still has concerns about some sections of the bill, but said that the Association supports its passage due to its lack of nationwide federal “IST” mandates, its maintenance of existing information protection laws, and prevention against the federal government shutting down drinking water systems.

“It has long been AMWA’s position that all drinking water disinfection choices are best made by utility experts at the local level,” said Ramaley.  “H.R. 3258 does not allow EPA or any other federal entity to broadly dictate disinfection methods or chemicals to drinking water systems across the country.”  Instead, the bill would require certain drinking water systems to evaluate potential “IST” options, but only primacy state regulators could review the utility’s decision on its disinfection chemicals.  EPA would only have direct review of disinfection choices of utilities that are not in primacy states, or in cases where a primacy state fails to undertake a required review.

“Drinking water utilities across the country work closely with state enforcement agencies,” said Ramaley.  “I am confident that sate enforcement agencies would act responsibly when reviewing a utility’s disinfectant choice, and generally defer to the water treatment determinations made by local water experts.”

However, Ramaley expressed concern that H.R. 3258 would only apply to drinking water utilities, while another bill (H.R. 2868, the “Chemical Facility Anti-Terrorism Act”) would allow DHS to regulate the security of wastewater systems through CFATS.

“This approach would be especially problematic for municipalities that operate both drinking water and wastewater systems, as it would force employees of such systems to comply with two varying sets of security rules issued by two different federal entities,” Ramaley said.  “AMWA recommends that the security of wastewater utilities be regulated under the same EPA program that H.R. 3258 would apply to drinking water systems, and that both drinking water and wastewater utilities remain explicitly exempt from DHS chemical facility security regulations.”

The House Energy and Commerce Committee is expected to markup H.R. 3258 in the coming weeks.  Brian Ramaley’s full testimony before the subcommittee is available here.