The $34.8 billion FY 2007 Homeland Security Appropriations Bill (HR. 5441), which contains chemical site security regulations that the fertilizer and chemical industries generally support, was signed into law by Pres. Bush on Oct. 4 after being approved by both the House and Senate.
Although there was some concern that the bill would fail to get Congressional approval before legislators recessed to campaign for the mid-term elections (GM Oct. 2, p. 1), the House on Sept. 30 approved the measure by a 412-6 vote. Senate approval was reached with a voice vote that same day. “The fact is, this is the best proposal we could get and it is, in my opinion, significantly better than nothing,” said Sen. Judd Gregg, (R-N.H.), Senate Homeland Security Appropriations Subcommittee Chairman.
The bill gives the Department of Homeland Security (DHS) the authority to issue interim final regulations within six months establishing risk-based performance standards for chemical facility security. DHS also has the authority to review and approve vulnerability assessments and site security plans, to audit and inspect chemical facilities to ensure compliance, and to issue civil penalties or enforce plant closures if facilities remain out of compliance. The security measures are scheduled to expire three years after implentation, giving Congress more time to agree on a permanent, comprehensive security program for U.S. chemical plants.
The bill does not mandate the use of inherently safer technologies at chemical facilities, a provision that was strongly opposed by The Fertilizer Institute, the Agricultural Retailers Associaion (ARA), and the American Chemistry Council (ACC). The regulations also do not apply to facilities that are already regulated by the Maritime Transporation Security Act of 2002. The bill’s language states that the security regulations are geared toward facilities that DHS believes present high levels of security risk.
“This is a good bill,” said Pres. Bush at the Oct. 2 signing in Arizona, noting that the bill will “raise security standards at the nation’s chemical plants,” among other security provisions outlined in the appropriations bill.
“ACC would like to thank Congress for their work in accomplishing our shared objective of passing meaningful chemical security legislation this year,” said ACC President and CEO Jack N. Gerard. “This measure represents significant progress in the effort to secure America’s chemical industry, an essential part of the nation’s critical infrastructure.”
Gerard said ACC would have preferred “a more comprehensive bill,” and remains concerned about certain provisions in the bill without naming them specifically. “While this bill is not a home run, Congress came through in the last inning to deliver essential chemical security legislation,” Gerard said.
“ARA is pleased that the compromise chemical facility security provisions were included in the conference agreement to the FY 2007 Homeland Security Appropriations bill,” ARA’s Richard Gupton told Green Markets. “It directs DHS to implement interim final security regulations for ‘high risk’ chemical facilities and places the proper focus on security measures, not environmental provisions as advocated by anti-chemical activists and certain members of Congress.”
Gupton said ARA will “strongly oppose any efforts during this or future Congresses that seek to place mandates to utilize inherently safer technologies as it relates to security regulations.” Gupton said EPA “currently has a process in place for reviewing and approving products it views as safe or green chemistry. The marketplace is already well suited to properly address the role of products that might be deemed too big a liability or unsafe for the industry.”