Baseline Information on Malevolent Acts for Community Water Systems: July 2019 U.S. Environmental Protection Agency Guidance Document

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (Office of Water) (“EPA”) released a July 2019 guidance document titled:

Baseline Information on Malevolent Acts for Community Water Systems (“Guidance”)

See EPA 817-K-19-001.

The Guidance is intended to provide baseline information that a community water system (“CWS”) can use to comply with Section 2013(a) of federal legislation – America’s Water Infrastructure Act (“AWIA”).

EPA states that the Guidance can “identify malevolent Acts and take steps to reduce the risk that a specific system will experience if one occurs or potentially deter a threat from occurring.”

The agency believes that by “assessing threats” that CWSs can:

. . . identify, prepare for and manage any risks they may have by adopting an “all-hazards” approach that:

  • Identifies, deters, detects, and prepares for these threats
  • Reduces vulnerabilities of critical assets
  • Mitigates the potential consequences of incidents that do occur

A disclaimer is noted with a statement that the Guidance is not a threat analysis for a specific system. As a result, the agency does not believe it should be used in such a manner. Instead, it is stated to be a starting point for CWSs to use when estimating the threat likelihood of malevolent acts when undertaking a risk in a resilience assessment.

The Guidance includes the following sections:

  • Section 1: AWIA Requirements – Provides an overview of AWIA requirements pertaining to Risk and Resilience Assessments, Emergency Response Plans (ERPs), and baseline threat information.
  • Section 2: Assessing Risk and Resilience – Describes the basic elements of Risk and Resilience Assessments for CWSs.
  • Section 3: Asset Categories – Defines physical and cyber elements that CWSs are required to evaluate in conducting Risk and Resilience Assessments under AWIA.
  • Section 4: Threat Categories and Likelihoods for Malevolent Acts – Describes threat categories of relevance to CWSs.
  • Section 5: Resources for Additional Information – Contains a listing of other sources of information on malevolent acts relevant to CWSs.

A link to the Guidance can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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