House/Senate conferees to resume work on chemical security bill

House/Senate conferees to resume work on chemical security bill

Washington (Platts)--25Sep2006

Congressional conferees are scheduled to continue efforts Monday to reach
agreement on including language in the FY 2007 Homeland Security Department
funding bill that would impose security standard on chemical facilities.

The appropriations bill is being used as a vehicle because stand-alone
legislation has stalled in the House and the Senate. The conferees are slated
to meet late Monday afternoon.

On Friday, the chairs of the Senate and House homeland security committees
announced that they had reached an agreement giving the DHS authority to
establish and enforce performance-based security measures for high-risk
chemical plants.

However, a competing plan supported by a more than 30 senators is being
circulated, and Senate Democrats and House Republican moderates want language
requiring high-risk plants to use "inherently safer" technologies, such as
less-hazardous chemicals, where feasible.

The agreement, announced by Senator Susan Collins, Republican-Maine, and
Representative Peter King, Republican-New York, would require chemical plants
to conduct vulnerability assessments and create and implement site security
plans based on their specific vulnerabilities, subject to approval by the
department secretary.

It would also give the DHS authority to require compliance with its
security requirements, including the authority to audit and inspect facilities
and to shut down a facility not in compliance.

The department would have interim authority for up to three years, until
"permanent, comprehensive authority is enacted," according to a statement
released by King and Collins.

Senator Joe Lieberman, ranking Democrat on the Senate Homeland Security
Committee, said in a statement said he would prefer passage of the
freestanding House and Senate bills "which contain provisions to prod
facilities to use safer chemicals or methods so they are less tempting targets
for terrorists attacks." In addition, the Senate bill "would have also
protected the right of states to legislate stronger security measures."

The proposal being circulated would also require DHS to write, and
facilities to implement, risk-based performance standards. However, the rules
would apply only to the "highest" risk facilities.

--Gerald Karey, gerry_karey@platts.com

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