Security Issues Dominate Washington Agenda

By Maureen Lorenzetti

How to protect the US drinking water supply and other critical infrastructures from terrorists dominated the Washington policy agenda this fall. Mindful of recent attacks in New York and outside Washington, the White House and Congress may earmark several billion in new infrastructure spending in the name of homeland security.

One of the first items to reach a bipartisan consensus was H.R. 2925, a measure designed to bolster security at federal dams and hydroelectric facilities. President Bush was expected to sign the bill into law in November.

The measure establishes criminal penalties for violations and allows law enforcement officers from the Department of Interior to carry guns and make arrests on facilities under the jurisdiction of the Bureau of Reclamation.

The second largest producer of hydroelectric power in the US, the Reclamation Bureau earlier suspended popular guided tours at the Hoover dam and hydro plant in Nevada and ordered large vehicles to detour around the facility.

The bureau also imposed specific restrictions at Kirwin Dam and Reservoir in Kansas. Vehicle traffic has been restricted across the upstream side of the dam, but fisherman and hunters may still walk in from nearby areas.

Budget PressuresWhat does not have bipartisan support yet is how much money should be spent on the nation's water infrastructure. New spending could come from a pending economic stimulus package now moving through Congress; some projects may also be considered on an expedited basis in the name of homeland security.

The National League of Cities for example told budget officials at the White House and on Capitol Hill it wants at least $7 billion to complete water infrastructure rehabilitation and replacement projects; the group said it would create about 280,000 jobs.

That figure may be a tall order to fill. Pending proposals by some Congressional leaders would earmark $2 billion to bolster national security for "critical infrastructure" including water treatment.

In a related action, President Bush wants Congress to appropriate $76 million to "support activities such as drinking water assessments, replacement of equipment destroyed in New York, and various security enhancements" as part of a $40 billion emergency fund called for by Bush after the Sept. 11 airline attacks.

Meanwhile, public sewer treatment officials warned Congress they need federal money now so aging sewer systems can operate safely and not be vulnerable to a terrorist act.

Paul Pinault, Association of Metropolitan Sewerage Agencies Vice President and Executive Director of the Narragansett Bay Commission in Providence, RI, told a Senate Subcommittee on Fisheries, Wildlife and Water in October that municipal governments are being innovative in stretching existing funds, but that increased federal funding remains a critical necessity to ensure the future of the nation's aging water and wastewater infrastructure.

"While infrastructure security demands require local governments to stretch limited dollars even further, it becomes increasingly clear that adequate financial resources to communities like mine are the most essential elements to maintaining our nation's water and wastewater infrastructure," said Pinault. "Yet, since 1980, according to studies by both EPA and the private sector, federal contributions for water and wastewater infrastructure projects have declined by an astounding 75 percent. Despite this funding drop, I assure you that wastewater utilities are being extremely innovative in order to get the most out of the limited dollars available."

Pinault said public wastewater utilities have been "creative" in handling their public debt, including asset management initiatives, environmental management systems, debt restructuring and pooled borrowing, which allows for utilities to band together to reduce the cost of expensive bond issuances.

Nevertheless by 2006 debt payments will comprise 54 percent of every dollar his commission earns, Pinault said.

While the state revolving fund has been helpful, noted Pinault, major changes to it are necessary to support the massive needs of wastewater infrastructure upgrades and compliance with growing federal regulations.

Pinault added AMSA and the Water Infrastructure Network want Congress to support a five year, $57 billion federal funding plan to capitalize state-administered grant and loan programs for water and wastewater infrastructure. The White House so far has resisted those kind of spending levels, and it remains unclear whether tying the funds to the pending national security crisis will be successful.

Proposed LegislationOne key lawmaker, Sen. James Jeffords (I-VT), chairman of the Senate Environment and Public Works Committee, in October introduced a bipartisan bill to authorize research money directed toward protecting water supply systems. House Science Chairman Rep. Sherwood Boehlert, (R-NY) offered similar legislation.

The bills would each authorize $12 million per year for EPA from fiscal year 2002 through 2007.

Money could be spent on projects designed to prevent, detect or respond to physical and cyber threats to water supply or wastewater treatment systems.

"It is vital that we provide the most effective security possible for our water systems. This bill will encourage the development of new tools and technologies, providing local communities with the most current and most effective means to protect local water supplies," said cosponsor and Environment and Public Works Ranking Member Bob Smith, (R-NH).

MTBE BanIn other Capitol Hill news, lawmakers held an oversight hearing on states' efforts to ban the fuel oxygenate methyl tertiary butyl ether because of groundwater concerns. Some Bush administration officials from the departments of Interior and Energy downplayed health concerns associated with the petrochemical.

EPA has said US Geological Survey data indicates MTBE groundwater contamination is much more likely in areas where refiners add the chemical to comply with clean fuel "reformulated" gasoline requirements.

California and 11 other states want to eliminate the additive as soon as December 2002 because of groundwater contamination concerns. Some Congressional leaders want to ban MTBE as well.

But a USGS official told the House Energy and Commerce subcommittee the health threat to water supplies is small compared to other water-related issues.

"MTBE levels do not appear to be increasing over time and are almost always below levels of concern from aesthetic and public health standpoints" said Robert Hirsch, USGS associate director for water.

Acting Assistant Secretary for Fossil Energy Robert Kripowicz also cautioned Congress not to mandate a ban or risk higher gasoline prices.

EPA officials have urged Congress to give them more guidance on how to solve the MTBE issue even though the agency has the authority to ban the additive. EPA however has sought to discourage some congressional proposals to ban the oxygenate in two years. EPA also denied California's request for an exemption from the RFG oxygenate standard.

A formal proposal on if or when to phase-out MTBE will be ready for interagency review within two months, EPA told lawmakers.

Interagency EffortsAnd in administrative action, the Centers for Disease Control and Prevention will coordinate a six month study that will review water treatment technologies to see if they are able to protect drinking water from bioterrorism. US officials expect to examine at least four bacteria types but may expand the list at a future date.

CDC will work with EPA, the Department of Defense, and industry trade groups. Technologies that will be studied include chlorine sensitivity, moist heat inactivation, ozone and ultraviolet radiation. WW/