Washington, DC. June 16, 2006--A Senate committee passed legislation on Thursday that would give the Homeland Security Department new authority to regulate the security of more than 15,000 chemical plants and storage facilities across the nation.
The Chemical Facility Anti-Terrorism Act of 2005, passed by the Senate Homeland Security and Government Affairs Committee, would require chemical plants and facilities that store hazardous chemicals to assess their vulnerability to attack and develop security and emergency-response plans, which would then require approval by the Homeland Security Department.
A day earlier the committee turned back an amendment by Sen. George Voinovich, R-Ohio, that would have prohibited state and local governments from enforcing laws stricter than the federal standards.
The bill, sponsored by committee chairman Susan Collins, R-Maine., and Sen. Joseph Lieberman of Connecticut, the panel's senior Democrat, seeks to establish security measures proportional to the threat or consequence of a potential terrorist attack. Based on the level of risk, facilities would be required to meet performance standards determined by the Homeland Security Department, which would have the authority to close facilities that fail to meet regulatory requirements.
The bill is S. 2145.
The chemical industry gave the bill qualified support, but remains unhappy with a provision that would allow state and local governments to enforce regulations that are tougher than those required by federal regulators.
The committee defeated an amendment on Wednesday that would have ensured that federal regulations trump, or pre-empt, state and local rules.
"Since 9/11, some states have already moved to require security improvements at chemical facilities. These state and local protections are critical adjuncts to our effort at the federal level, and I am pleased this bill states clearly that it does not pre-empt state and local laws or regulations regarding the safety of chemical facilities," Sen. Joseph Lieberman of Connecticut, the committee's senior Democrat, said on Wednesday.
The debate likely isn't over, however. The American Chemistry Council, a trade group whose members include industry giants 3M Co. and ExxonMobil Corp., said it would continue to work with Congress in an effort to ensure that federal law pre-empts state and local rules.
"We are still concerned the bill allows a potential patchwork of discordant and confusing state-level regulations which will weaken security. Chemical security is a national issue that requires a uniform national response, which is why we have called for federal pre-emption," said American Chemistry Council CEO Jack N. Gerard
