U.S. to Boost Chemical Plant Security Requirements

The United States is expected today to boost security requirements at chemical plants in order to prevent them from being used as the means of a terrorist attack, the New York Times reported (see GSN, Sept. 22).

The move follows the Homeland Security Department’s announcements last week of increased security measures for rail cars that carrying chlorine and other toxic materials (see GSN, Dec. 18).

“This will bring us to a much higher level of security,” said Homeland Security Secretary Michael Chertoff.

Congress required the additions in its homeland security budget for fiscal 2007.  Under those regulations, plants in which chemicals are produced, used or stored must consider all potential forms of attack and then develop countermeasures to such strikes.

The new rules only apply to “high risk” facilities, a term which for now remains vaguely defined, the Times reported.  It remains to be seen how many plants would fall into this category.

Affected facilities would be required to conduct background checks on personnel and take certain measures to restrict access, safeguard chemical holdings and prepare emergency plans for an attack.  Failure to meet those guidelines could result in daily fines of up to $25,000 or shutdown orders.

However, the rules allow plant operators to determine what upgrades are needed rather than mandating changes such as installation of barriers or use of less dangerous materials.  Homeland Security can also determine that a facility as already made sufficient security improvements and that further additions are not needed.

The U.S. chemical industry has already spent more than $3.3 billion on voluntary security upgrades, said Scott Jensen, spokesman for the American Chemistry Council.  “We want to make sure that work is recognized when it comes to complying with the new regulations,” he said.

The new rules might further pre-empt states laws that could make greater demands upon chemical facility owners.

Democrats are expected to raise the issue next year when they take control of Congress.

“It concerns me that the regulations do not require chemical facilities to switch to safer technologies wherever feasible,” said Representative Bennie Thompson (D-Miss.).  “Without such a requirement, I fear that a significant gap remains in our chemical security efforts” (Eric Lipton, New York Times, Dec. 22).

Back to top
About Newswire  |  Contact National Journal  |  Re-Use Guidelines © Copyright 2008 by National Journal Group, Inc. The material in this section is produced independently for NTI by National Journal Group, Inc. Any reproduction or retransmission, in whole or in part, is a violation of federal law and is strictly prohibited without the consent of the National Journal Group, Inc. All rights reserved.