Chemical facilities securityChemical industry welcomes extension of current chemical facilities security measure

Yesterday, legislation that would extend existing chemical security standards won bipartisan support in the Senate Homeland Security and Government Affairs Committee. Following a markup, lawmakers voted unanimously to approve an amendment from Senator Susan Collins (R-Maine) to the Chemical Facility Anti-Terrorism Act of 2009 (CFATS) (H.R. 2868). The chemical industry, worried about modifications to CFATS which would make the measure more stringent — for example, by requiring the chemical plants replace the more toxic and volatile chemicals they use with inherently safer technologies, or IST — welcomed the extension of CFATS.

Cal Dooley, president and CEO of the American Chemistry Council (ACC), said:

This was a vote of confidence in existing chemical security regulations that address the need to protect chemical facilities and their ability to provide products and jobs critical to our nation’s economy. Senator Collins has once again demonstrated her expertise in security matters and her leadership in pulling together bipartisan support for this important national security issue.

Since 2001, ACC members have helped lead the way on chemical security, well ahead of government regulation. They have invested more than $8 billion on facility security enhancements under ACC’s Responsible Care® Security Code, which has become the gold standard for the industry and a model for regulatory programs.

Chris Jahn, president of the National Association of Chemical Distributors (NACD) said:

NACD commends the members of the Senate Homeland Security and Governmental Affairs Committee for their support of the substitute amendment offered to H.R. 2868, the Chemical Facility Anti-Terrorism Act, by Ranking Member Susan Collins. The Senator’s amendment extends the current chemical security program for three years and does not impose impractical inherently safer technology (IST) mandates on facilities. The unanimous bipartisan vote in favor of the Collins amendment is a clear demonstration of support for allowing the Chemical Facility Anti-Terrorism Standards (CFATS) to continue to be implemented without disruptive changes.

CFATS has been in effect for just over three years. Chemical facilities are still receiving their final risk tier assignments under this program, while thousands have submitted site security plans that are now being evaluated by the Department of Homeland Security. The three-year extension would provide more regulatory certainty to the facilities now working hard to implement their site security plans. Unlike the version of H.R. 2868 passed by the House of Representatives late last year that imposes inherently-safer technology mandates and other significant changes to the current program, the HSGAC bill would promote increased security by allowing the current CFATS program to continue to be implemented without disruption.

NACD will urge the full Senate as well as the House to adopt the chemical security legislation as passed by the HSGAC Committee today. This is common sense, bipartisan legislation that will truly enhance security.

A press release from the Society of Chemical Manufacturers and Affiliates (SOCMA) said:

The group commended the committee’s endorsement of the amendment, which would extend the existing Chemical Facility Anti-Terrorism Standards (CFATS) to Oct. 4, 2013 and give chemical facilities and the Department of Homeland Security (DHS) time to more fully implement the regulation.

“The chemical industry is well along in implementing the current chemical security regulations, which are rigorous, enforceable and protective of the American public,” said SOCMA President and Chief Executive Officer Lawrence D. Sloan. “We look forward to working with the Senate to move towards permanent reauthorization of chemical security regulations.”