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Senate Draft Bill Addresses Chemical Plant Security Homeland Security Would Have Ability to Shutter Plants

Posted on: Friday, 30 December 2005, 15:00 CST

By LARA JAKES JORDAN

Senate draft bill addresses chemical plant security

Homeland Security would have ability to shutter plants

WASHINGTON After years of policing itself, the nations chemical industry may face broad federal regulation of security at its plants to safeguard against terror attacks.

Under a draft Senate plan obtained by The Associated Press, chemical plants that fail to create, update and submit security plans for their facilities could be shut down by the Homeland Security Department.

The draft bill addresses some longtime concerns about vulnerabilities at the nations 15,000 privately operated chemical plants. It would expand federal regulatory authority over chemical plants, but set no specific minimum standards that the industry would have to meet in securing its facilities.

Environmental experts said Friday the plan does not go far enough to protect communities in the event of a chemical leak. Counterterrorism experts put the chemical industry at the top of the list of likely terror targets. Currently, the chemical industry regulates itself with voluntary measures to secure plants from terrorism, but congressional investigators have revealed spotty results in how well the industry is prepared to respond if there is an attack.

About one-fifth of the nations chemical facilities are close to population centers. Homeland Security has identified 297 chemical facilities where a toxic release could affect 50,000 or more people.

Under the draft legislation, which may still be changed, chemical manufacturers would be required to assess potential security gaps and tailor specific solutions on a plant-by-plant basis. Both the assessments and solutions, which could include measures such as surveillance cameras or limited access to certain areas, would then be submitted to Homeland Security for approval.

Chemical manufacturers would also be required to create or update existing emergency response plans.

Repeated failures to comply could lead the Homeland Security secretary to issue an order for the chemical source to cease operation, according to the draft plan.

In turn, Homeland Security would be required to develop certain security standards for plants that would be grouped into tiers, based on the level of risk they pose to surrounding communities.

The Senate is expected to begin considering a final copy of the Republican-authored legislation in coming weeks. But its fate is uncertain in the House, where majority Republicans so far have shelved plans to expand federal authority over chemical plants.

Homeland Security spokesman Russ Knocke said the department has been working with chemical manufacturers to ensure plants are secure. He declined to comment on the draft, but said the department is looking forward to working with both the House and the Senate on this issue.

The chemical industry has traditionally resisted governmental regulation. But American Chemistry Council security director Marty Durbin said the group welcomed the draft plan, which will make sure that those facilities that need to be taking actions here are doing so.

And at the end of the day, if they dont, you can shut them down, Durbin said. His group represents 2,000 chemical plants nationwide.

Security standards at nuclear power facilities and commercial airports are already federally regulated, but regulation for chemical plants is far spottier. The Coast Guard regulates some security measures at chemical facilities on waterways, while the Transportation Department oversees standards for moving chemicals to and from plants.

Democrats also have called for greater federal oversight at chemical plants. But a spokesman for Democratic Sen. Jon Corzine, who was elected last month as New Jersey governor, is concerned that the federal oversight might override state regulations already in place.

Additionally, some environmentalists have objected to language in the draft that does not specifically require manufacturing plants to use certain kinds of chemical materials that would be less dangerous to the public in an attack or accidental release.

If there is no plan to address the underlying hazards posed by chemicals at these plants, the bill will not provide the protection the American people deserve, said Andy Igrejas, environmental health program director at the National Environmental Trust.

Jen Burita, spokeswoman for Sen. Susan Collins, R-Maine, said the draft does require chemical facilities to take steps to reduce consequences.

Collins, chairwoman of the Homeland Security and Governmental Affairs Committee, is expected to issue a final copy of the legislation shortly.

Source: Advocate; Baton Rouge, La.

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