House/Senate negotiators reach deal on chemical security measure

House/Senate negotiators reach deal on chemical security measure

Washington (Platts)--26Sep2006

US House and Senate negotiators have agreed to an appropriations measure
that directs the Department of Homeland Security to establish and enforce
security measures at high-risk facilities that use or store hazardous
chemicals.

The conference report for the department's spending measure, approved
Monday night, authorizes the DHS to shut down sites that fail to meet the
standards. The report is expected to be voted on by the full House and Senate
before Congress recesses by the end of this week.

The language on chemical plant security was agreed to by the chairs of
the Senate and House homeland security committees, Senator Susan Collins,
Republican-Maine, and Representative Peter King, Republican-New York. It was
included in the appropriations bill because freestanding legislation is
stalled in the House and Senate.

The provision would require chemical plants to conduct 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.

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

The measure has been criticized by Democrats and environmentalists for
not requiring facilities to use less dangerous chemicals or to switch to less
risky processes, if feasible. It also does not preclude states from adopting
more stringent chemical security standards.

The National Petrochemical & Refiners Association commended the conferees
for adopting language establishing security performance standards at high
risk facilities. However, it expressed concern about the three-year sunset
provision.

The industry "will continue to make major, long-term investments in
protecting facilities, employees and the surrounding communities from
potential threats," the association said in a statement. "We should be able
to do so with the knowledge and confidence that requirements will not change
every few years."

--Gerald Karey, gerry_karey@platts.com

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