On March 3, 2023, the United States Environmental Protection Agency ("EPA") published a memorandum requiring states to evaluate the cybersecurity of operational technology used by public water systems ("PWSs") "when conducting PWS sanitary surveys or through other state programs." EPA's memorandum "interprets the regulatory requirements relating to the conduct of sanitary surveys to require that when a PWS uses operational technology ("OT"), such as an industrial control system ("ICS"), as part of the equipment or operation of any required component of a sanitary survey, then the sanitary survey of that PWS must include an evaluation of the adequacy of the cybersecurity of that operational technology for producing and distributing safe drinking water." Specifically, "EPA's interpretation clarifies that the regulatory requirement to review the ‘equipment' and ‘operation' of a PWS necessarily encompasses a review of the cybersecurity practices and controls needed to maintain the integrity and continued functioning of operational technology of the PWS that could impact the supply or safety of the water provided to customers."
EPA specifies that during sanitary surveys of PWSs, states must:
- Evaluate the adequacy of the cybersecurity of OT for producing and distributing safe drinking water, if the "PWS uses an ICS or other [OT] as part of the equipment or operation of any required component of the sanitary survey[;]" and
- Use the state's authority to require the PWS to address any identified significant deficiencies.
Significant Deficiencies. In terms of cybersecurity, EPA states that "significant deficiencies should include the absence of a practice or control, or the presence of a vulnerability, that has a high risk of being exploited, either directly or indirectly, to compromise an operational technology used in the treatment or distribution of drinking water.
Approaches to Include the Assessment of Cybersecurity as Part of PWS Sanitary Surveys. EPA's memorandum provides different approaches that states could employ to evaluate cybersecurity at PWSs, including:
- Self-Assessment or third-party assessment of cybersecurity practices;
- State evaluation of cybersecurity practices during the sanitary survey!万博体育app手机登录or
- Alternative state program for water system cybersecurity.
EPA Technical Assistance. To support implementation, EPA's memorandum references various resources for PWSs and states, such as:
- Guidance Documents – In conjunction with its memorandum, EPA published a guidance document, Evaluating Cybersecurity During PWS Sanitary Surveys, for public comment, which "includes an optional checklist of cybersecurity practices" to (1) assess cybersecurity at a PWS, (2) identify gaps, including potential significant deficiencies, and (3) select appropriate remediation actions. EPA's checklist draws upon the U.S.Cybersecurity and Infrastructure Security Agency's Cross-Sector Cybersecurity Performance Goals.
- Training – Starting this year, EPA will offer training for PWSs and states "on evaluating cybersecurity in sanitary surveys."
- Technical Assistance – EPA has established a Cybersecurity Technical Assistance Program for the Water Sector, within which PWSs "can submit questions or request to consult with a subject matter expert regarding cybersecurity in PWS sanitary surveys[.]" EPA notes that this technical assistance "will not be an emergency line to report cyber incidents and it will not serve as a resource for cyber incident response or recovery efforts[.]" Additionally, EPA intends to carry out assessments of cybersecurity practices at PWSs through its Water Sector Cybersecurity Evaluation Program. A link to register for the program is included within the memorandum.
Looking Ahead. EPA's memorandum requiring states to address the cybersecurity of PWSs follows quickly after the White House's release of its new National Cybersecurity Strategy, which calls for the need to use minimum cybersecurity requirements, as opposed to voluntary measures, in critical sectors to enhance national security and public safety. EPA's focus on cybersecurity accords with the Strategy's shift towards a more regulatory-focused cybersecurity approach.
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Bipartisan Infrastructure Framework that the President endorsed last week would provide just about half of that amount – $55 billion – which the President nevertheless described as "the largest investment in clean drinking water and waste water infrastructure in American history."
Yet that includes all of the President's proposed investments in replacing lead-containing water service lines and pipes, reflecting apparent bipartisan agreement that reducing exposure to lead in drinking water is worthwhile.
Infrastructure, Unqualified and Unplugged
Municipal drinking water and wastewater treatment systems epitomize infrastructure.
In contrast to the electric vehicle and grid modernization technologies that the AJP also seeks to promote as solutions to the climate crisis, replacement of lead-containing domestic water service lines falls much more clearly within what's thought of as traditional infrastructure.
While the Bipartisan Framework would fund just half of the President's initially proposed water infrastructure investments, it includes all of the lead service-line replacement expenditures proposed by the President. Additionally, the Democratic-controlled House last week passed the INVEST in America Act (H.R.包括1 672.5亿美元的饮用水和废水基础设施拟支用量,由两位共和党成员s/clerk.house.gov/Votes/202208投票 Environmental Protection Agency, there is no safe level for lead in drinking water and even low levels of lead in children's blood can cause behavioral and learning problems, lower IQ and hyperactivity, slowed growth, hearing problems and anemia.
The memory of the recent Flint, Michigan water crisis also looms large in the public mindset. In Flint, where 40 percent of people live in poverty, the city made a cost-saving decision in 2013 to switch from obtaining its domestic water supply from Detroit, to the Flint River. The Flint's water was much more corrosive and not adequately treated, which resulted in lead in service lines and household plumbing leaching into the water.
Now, after $250 million of state funding and $100 million of infrastructure funding awarded by EPA pursuant to the Water Infrastructure Improvements for the Nation (WIIN) Act of 2016, the troubled service lines and household plumbing have largely been identified, with the last 500 service lines slated to be excavated, checked and replaced this month.
The situation in Flint – described by one researcher as the most egregious example of environmental injustice in recent U.S.历史 — — 成为对基础建设投资不足对贫困社区造成的不公平公共健康后果的象征Recent analysis suggests that lead exposure in the United States correlates to race.
Yet Flint is hardly unique:
- Newark, New Jersey, just recently removed over 18,000 lead service lines at no cost to residents.
- Washington, D.C., has embarked on a similar program, although one study found that customer-initiated service line replacements were being conducted primarily in higher-income neighborhoods.
These programs are costly and require significant levels of public investment to deploy at scale. Recognizing that, the AJP had initially proposed $45 billion in EPA State Revolving Fund and WIIN grants to replace all lead pipes and service lines for both homes and 400,000 schools and childcare facilities. The bill that the House passed last week includes funding for all of these efforts, plus an additional $53 billion to fund safe drinking water infrastructure and $51 billion for wastewater infrastructure.
Infrastructure and Environmental Justice
As described by our prior post, an animating principle of this Administration's infrastructure plan is addressing environmental injustice. And perhaps no feature of the AJP so tangibly marries the concept of traditional infrastructure to the Administration's environmental justice objectives as the proposed investment in the replacement of lead-containing water service lines.
Unlike other public health threats, the risks from exposure to lead have long been understood and its presence in domestic service lines and plumbing well known. As President Biden remarked upon pitching the Bipartisan Infrastructure Framework last week in Wisconsin, more than 70,000 of Milwaukee's 160,000 water service lines contain lead, although Milwaukee is far from unusual!上星期二EPA管理员Michael Regan与Milwaukee市长和副手一起出现
The proposed rule aims to provide some clarity on an issue that had been muddied by the Supreme Court in Solid Waste Agency of Northern Cook County v.U.S.工兵团 ,531US万博体育app手机登录159 (2001) ("SWANCC") and Rapanos v.美国 ,567 U.S.715(2006年)。万博体育app手机登录依据这些判断 机构开发出