Assessments and Emergency Response Plan Requirements of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 - Title IV.
7/1/2003

Introduction

After September 11, 2001, everyone took a renewed look at their business facilities, homes and personal safety in the new context of terrorism.  The US federal government was also directly affected that day, and less than one year later new antiterrorism legislation was passed by congress.  Signed by President Bush on June 12, 2002, the Public Health Security and Bioterrorism Preparedness and Response Act of 2003 became law.  Title IV of this law deals with drinking water security and safety, which is arguably one of our most important and potentially vulnerable assets to terrorist or intentional attacks.

 Time is Running Out

 A strict timetable, based upon population size, is now in effect for community water systems¹: 

Systems Serving A Population Of:	Submit Vulnerability Assessment and Certification to EPA Prior To:	Certify Emergency Response Plan Within 6 Months of Vulnerability Assessment but No Later Than:
100,000 persons or greater	March 31, 2003	September 30, 2003
50,000 to 99,999 persons	December 31, 2003	June 30, 2004
3,301 to 49,999 persons	June 30, 2004	December 31 ,2004

We will cover the specifics of the vulnerability assessments and emergency response plans later in this newsletter, but the above timetable is ticking away rapidly.

Terrorist Threats to the Infrastructure

According to the Joint Chiefs of Staff, terrorist threats consist of the following elements:

“Specific tactics, techniques, and procedures govern the joint conduct of US antiterrorism operations. Combating terrorism is an element of force protection — a security program designed to protect Service members, civilian employees, family members, facilities, and equipment in all locations and situations. Combating terrorism involves actions (including antiterrorism and counterterrorism) taken to oppose terrorism throughout the entire threat spectrum. Antiterrorism involves defensive measures used to reduce the vulnerability to terrorist acts, as opposed to counterterrorism which consists of offensive measures taken to prevent, deter, and respond to terrorism².”

Within the context of the above quote, community water systems are now combating terrorism through defensive measures used to reduce the vulnerability to terrorist acts, along with the counterterrorism actions of the US federal, state and local law enforcement and defense agencies.  Our community water systems are a vital infrastructure that we all depend upon daily, often with little thought as to just how important they are, and how miserable life would be if they were impaired.

Community water systems, like all large and complex operations, have buildings that house equipment, materials and people.  These must not be overlooked when considering the defensive measures to be taken.  NOISH concludes the following regarding the effective defense of a building to airborne chemical, biological, or radiological attacks:

“Reducing a building’s vulnerability to an airborne chemical, biological, or radiological attack requires a comprehensive approach.  Decisions concerning which protective measures to implement should be based upon the threat profile and a security assessment of the building and its occupants. While physical security is the first layer of defense, other issues must also be addressed. Preventing possible terrorist access to outdoor air intakes and mechanical rooms and developing CBR-contingent emergency response plans should be addressed as soon as possible. Additional measures can provide further protection. A building security assessment should be done to determine the necessity of additional measures. Some items, such as improved maintenance and HVAC system controls, may also provide a payback in operating costs and/or improved building air quality. As new building designs or modifications are considered, designers should consider that practical CBR sensors may soon become available. Building system design features that are capable of incorporating this rapidly evolving technology will most likely offer a greater level of protection³.”

As we can see above, performing a security assessment and then structuring an emergency response plan is one of the main focal points to be implemented.  This is also the case for Public Health Security and Bioterrorism Preparedness and Response Act.

Assess, Plan, Prepare

Community water systems serving more than 3,300 persons must comply with the Bioterrorism Act.  The Bioterrorism Act requires these community water systems to:

1. Conduct a Vulnerability Assessment
2. Certify to EPA that the community water system conducted a Vulnerability Assessment
3. Submit a copy of the Vulnerability Assessment to EPA; and
4. Certify to EPA that the community water system has completed an Emergency Response Plan⁴

A proper Vulnerability Assessment should address six basic elements:

1. Characterization of the water system, including its mission and objectives;
2. Identification and prioritization of adverse consequences to avoid;
3. Determination of critical assets that might be subject to malovent acts that could result in undesired consequences;
4. Assessment of the likelihood (qualitative probability) of such malovent acts from adversaries (e.g., terrorists, vandals);
5. Evaluation of existing countermeasures; and
6. Analysis of current risk and development of a prioritized plan for risk reduction⁴

The act, wisely, provides protection against unauthorized access to the information that is contained in the Vulnerability Assessment.  In short, in the wrong hands, the information provided in the Vulnerability Assessment could be used in an adverse manner.

Within six months after the Vulnerability Assessment has been developed and filed with the EPA, the Community Water System must develop and certify an Emergency Response Plan, which, obviously, addresses whom to contact, how to deal with and the aftermath of the malovent acts addressed in the Vulnerability Assessment.

Guidelines for Community Water Systems to consider for both of the above can be found on the EPA website.⁵

Summary

The times that we all live in demand a level of planning and vigilance against terrorism that is unique in history.  Our public water supply must be given top priority and protection, and as you have seen in this paper, a new Federal law mandates that this be so.  Community Water Systems should consider using all the tools at their disposal, including third-party professionals, to assist them in meeting the stringent requirements of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 – Title V.

Authored by Dr. Michael Pankonien, CIH, CSP, P.E., ARM, Manager, Risk Management Division, SKA Consulting L.P. a Houston based environmental consulting practice. Company Web Site

Bibliography

1)   Public Law 107-188 – June 12, 2003, “Public Health Security and Bioterrorism Preparedness and Response Act of 2002”, Title IV.

2)  Joint Pub 3-07.2, “Joint Tactics, Techniques, and Procedures for Antiterrorism”, 17 March 1998.

3)  Department of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, “Guidance for Protecting Building Environments from Airborne Chemical, Biological, or Radiological Attacks, DHHS (NIOSH) Publication No. 2002-139, May 2002.

4)  Office of Water, EPA 810-B-02-001, “Instructions to Assist Community Water Systems in Complying with the Public Health Security and Bioterrorism Preparedness and Response Act of 2002”, www.epa.gov/safewater/security, January 2003.

5)  Office of Water, EPA 810-R-02-001, “Guidance for Water Utility Response, Recovery & Remediation Actions for Man-Made and/or Technological Emergencies”, www.epa.gov/safewater, April 2002.