
[Federal Register Volume 84, Number 59 (Wednesday, March 27, 2019)]
[Notices]
[Pages 11536-11538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05770]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9991-37-OW]


New Risk Assessment and Emergency Response Plan Requirements for 
Community Water Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: This notice describes the requirements for community water 
systems serving more than 3,300 persons to complete risk and resilience 
assessments and emergency response plans under the America's Water 
Infrastructure Act (AWIA) of 2018. It also outlines how community water 
systems can certify the completion of these documents to the EPA. 
Additionally, today's notice informs community water systems of how to 
request the return of vulnerability assessments submitted in accordance 
with the Bioterrorism Act of 2002.

DATES: See the SUPPLEMENTARY INFORMATION section for AWIA compliance 
dates.

FOR FURTHER INFORMATION CONTACT: Nushat Dyson, Water Security Division, 
Office of Ground Water and Drinking Water (MC 4608T), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460; telephone number: (202) 564-4674; fax number: (202) 564-3753; 
email address: dyson.nushat@epa.gov.

SUPPLEMENTARY INFORMATION: 

A. Does this action apply to me?

    This notice applies to all community water systems serving more 
than 3,300 persons.

B. How can I get copies of this document?

    You may access this Federal Register document electronically from 
the Government Printing Office on the govinfo website for Federal 
Register listings at: https://www.govinfo.gov/app/collection/FR/. You 
may also access it on the EPA's website at: https://www.epa.gov/waterresilience/americas-water-infrastructure-act-2018-risk-assessments-and-emergency-response-plans.

[[Page 11537]]

C. Background

    On October 23, 2018, the America's Water Infrastructure Act (Pub. 
L. 115-270) was signed into law. Section 2013 of the AWIA amends 
section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i-2). This 
section requires community water systems serving more than 3,300 
persons to develop or update risk and resilience assessments and 
emergency response plans. The law specifies the topics that the risk 
and resilience assessments and emergency response plans must address. 
It also establishes deadlines by which community water systems must 
send certifications of completion of the risk and resilience 
assessments and emergency response plans to the EPA.
    Each community water system serving more than 3,300 persons shall 
submit to the EPA Administrator a certification that the system has 
conducted a risk and resilience assessment in accordance with the Act 
prior to--
     March 31, 2020, in the case of systems serving a 
population of 100,000 or more;
     December 31, 2020, in the case of systems serving a 
population of 50,000 or more, but less than 100,000; and
     June 30, 2021, in the case of systems serving a population 
greater than 3,300, but less than 50,000.
    Each community water system serving more than 3,300 persons shall 
also certify its completion of an emergency response plan as soon as 
reasonably possible, but no later than six months after certifying 
completion of its risk and resilience assessment.
    For purposes of compliance with the AWIA, the EPA interprets the 
population served under revised section 1433(a)(3) to mean all persons 
served by the system directly or indirectly. As a result, community 
water systems should determine their population served based on the 
number of people the system serves directly, plus the number of people 
served by any consecutive community water systems. Accordingly, a 
community water system that provides drinking water to consecutive 
community water systems (i.e., a ``wholesaler'') must include the 
population served by those consecutive systems when determining its 
total population served.

D. Risk and Resilience Assessments

    Section 1433(a) of the Safe Drinking Water Act (SDWA) as amended by 
section 2013 of the AWIA outlines the requirements for risk and 
resilience assessments as follows: Each community water system serving 
a population greater than 3,300 persons must assess the risks to, and 
resilience of, its system. Such an assessment must include--
    (1) the risk to the system from malevolent acts and natural 
hazards;
    (2) the resilience of the pipes and constructed conveyances, 
physical barriers, source water, water collection and intake, 
pretreatment, treatment, storage and distribution facilities, 
electronic, computer, or other automated systems (including the 
security of such systems) which are utilized by the system;
    (3) the monitoring practices of the system;
    (4) the financial infrastructure of the system;
    (5) the use, storage, or handling of various chemicals by the 
system; and
    (6) the operation and maintenance of the system.
    The assessment may also include an evaluation of capital and 
operational needs for risk and resilience management for the system.
    To assist utilities, the AWIA directs the EPA to provide baseline 
information on malevolent acts of relevance to community water systems 
no later than August 1, 2019. This information must include 
consideration of acts that may--
    (1) substantially disrupt the ability of the system to provide a 
safe and reliable supply of drinking water; or
    (2) otherwise present significant public health or economic 
concerns to the community served by the system.

E. Emergency Response Plans

    No later than six months after certifying completion of its risk 
and resilience assessment, each system must prepare or revise, where 
necessary, an emergency response plan that incorporates the findings of 
the assessment. The plan shall include--
    (1) strategies and resources to improve the resilience of the 
system, including the physical security and cybersecurity of the 
system;
    (2) plans and procedures that can be implemented, and 
identification of equipment that can be utilized, in the event of a 
malevolent act or natural hazard that threatens the ability of the 
community water system to deliver safe drinking water;
    (3) actions, procedures, and equipment which can obviate or 
significantly lessen the impact of a malevolent act or natural hazard 
on the public health and the safety and supply of drinking water 
provided to communities and individuals, including the development of 
alternative source water options, relocation of water intakes, and 
construction of flood protection barriers; and
    (4) strategies that can be used to aid in the detection of 
malevolent acts or natural hazards that threaten the security or 
resilience of the system.
    Community water systems must, to the extent possible, coordinate 
with local emergency planning committees established under the 
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11001 et seq.) when preparing or revising a risk and resilience 
assessment or emergency response plan under the AWIA. Further, systems 
must maintain a copy of the assessment and emergency response plan 
(including any revised assessment or plan) for five years after 
certifying the plan to the EPA.

F. Submitting Certifications to the EPA

    The EPA is currently developing a process for community water 
systems to certify completion of risk assessments and emergency 
response plans. Three primary options for risk assessment and emergency 
response plan certification submittals will be: (1) Regular mail; (2) 
email; and (3) a user-friendly secure online portal. The online 
submission portal, yet to be developed, will offer community water 
systems a receipt of their risk assessment or emergency response plan 
certification submittal; therefore, the EPA recommends that all 
community water systems use the online portal.
    The EPA plans to publish additional resources and tools to assist 
community water systems with meeting the requirements of the AWIA prior 
to August 1, 2019. These will include the following:
     Baseline information on malevolent acts of relevance to 
community water systems as required by SDWA section 1433(a)(2);
     technical assistance fact sheets that describe AWIA 
compliance requirements, procedures for submitting risk assessment and 
emergency response plan certifications to the EPA, and how to use EPA 
tools and resources; and
     new versions of the EPA's Vulnerability Self-Assessment 
Tool and Emergency Response Plan guidance to assist systems with 
developing risk assessments and emergency response plans under the AWIA 
amendments to the Safe Drinking Water Act.
    The EPA recommends that community water systems consider submitting 
risk and resilience assessment and emergency response plan 
certifications after publication of the baseline information on 
malevolent acts document, as well as updated risk assessment tools and 
other guidance. This timing will reduce the chances that a community 
water system will need to

[[Page 11538]]

make corrections to its risk and resilience assessment or emergency 
response plan after certification.
    Community water systems can access https://www.epa.gov/waterresilience/americas-water-infrastructure-act-2018-risk-assessments-and-emergency-response-plans to get updated information on 
the implementation of this section of the law, as well as further 
details on how to submit risk and resilience assessment and emergency 
response plan certifications.

G. Third-Party Standards

    The EPA does not require water systems to use any designated 
standards, methods, or tools to conduct the risk and resilience 
assessments required under revised section 1433(a) or to prepare the 
emergency response plans required under revised section 1433(b). 
Rather, community water systems must conduct risk and resilience 
assessments and prepare emergency response plans in accordance with all 
the requirements of those sections.
    Community water systems may use any standards, methods, or tools 
that aid the system in meeting the requirements of section 1433. 
However, regardless of the use of any standard, method, or tool, the 
community water system is responsible for ensuring that its risk and 
resilience assessment and emergency response plan fully address all 
requirements of the SDWA, as amended by the AWIA.

H. Five-Year Review, Revision, and Certification Requirement

    Each community water system serving more than 3,300 persons must 
review its risk and resilience assessment at least once every five 
years to determine if it should be revised. Upon completion of such a 
review, the system must submit to the EPA a certification that it has 
reviewed its assessment and revised it, if applicable.
    Further, each community water system serving more than 3,300 
persons must revise, where necessary, its emergency response plan at 
least once every five years after the system completes the required 
review of its risk and resilience assessment. The emergency response 
plan must incorporate any findings of the risk and resilience 
assessment. Upon completion of such a review, but not later than six 
months after certifying the review of its risk and resilience 
assessment, the system must submit to the EPA a certification that it 
has completed its corresponding emergency response plan (which, in the 
context of a revision, means that it has reviewed its emergency 
response plan and revised it, if applicable).

I. Final Disposition of Bioterrorism Act Vulnerability Assessments

    Title IV of the Public Health Security and Bioterrorism 
Preparedness and Response Act of 2002 (Bioterrorism Act) amended the 
Safe Water Drinking Act by adding new sections 1433 through 1435 
pertaining to improving the security of the nation's drinking water 
infrastructure. Section 1433 of the Bioterrorism Act required each 
community water system serving a population greater than 3,300 persons 
to conduct a vulnerability assessment, certify completion of its 
assessment, and submit a written copy to the EPA where it would be 
stored in a secure location. These assessments are now more than 10 
years old and are outdated. Pursuant to the EPA's Records Management 
Policy, the EPA can retire the certifications and assessments.
    The EPA intends to destroy the vulnerability assessments using a 
process that conforms with the information protection requirements of 
section 1433 of the Bioterrorism Act. Under AWIA section 2013(b)(2), 
community water systems may request that the EPA return their 
vulnerability assessments in lieu of destruction. If utilities wish 
their vulnerability assessments returned, they may submit a letter to 
the EPA by email. Please email the request letter to WSD-Outreach@epa.gov on utility letterhead and include the following 
information: utility name, PWS ID number, address, and point of contact 
information for the individual who will be responsible for receiving 
the vulnerability assessment.
    To request the return of the vulnerability assessment prior to 
destruction, the community water system will need to make the request 
not later than the initial date by which the community water system 
must certify a risk and resilience assessment to the EPA as required 
under section 1433(a) of the Safe Drinking Water Act as amended by 
section 2013 of the AWIA.

    Dated: March 19, 2019.
Jennifer L. McLain,
Acting Director, Office of Ground Water and Drinking Water.
[FR Doc. 2019-05770 Filed 3-26-19; 8:45 am]
 BILLING CODE 6560-50-P


