US issues site security regs without pre-emption

02 April 2007 19:35  [Source: ICIS news]

WASHINGTON (ICIS news)--The US Department of Homeland Security issued on Monday its long-awaited regulations mandating antiterrorism security measures at high-risk chemical facilities, indicating that it will not pre-empt tougher state legislation.

 

The department issued its first chemical site security rules two days ahead of the deadline set by Congress when it passed the underlying law late last year.

 

On a key issue of concern to US chemicals manufacturers, the department said its rules will not pre-empt state laws unless they conflict or interfere with the new federal regulations or their purpose.

 

Chemical manufacturers have lobbied hard to get federal pre-emption of state law as a feature in the department’s site security rules. The industry is worried that an increasing number of states will enact their own chemicals site security regulations, presenting producers with a patch-work maze of differing and conflicting rules in multiple jurisdictions across the country.

 

New Jersey, New York and Maryland have their own chemical site security regulations, but other states are known to be considering similar legislation.

 

“Currently, the department has no reason to conclude that any existing state laws are applied in a way that would impede the federal rule,” the department said.

 

The federal legislation passed by Congress late last year was silent on the federal pre-emption issue. In draft regulations issued earlier this year, the department indicated it would pre-empt state law, but administrators quickly backed away from that position in the face of strong opposition from state officials and many in the Democrat-controlled Congress.

 

Congress is already considering new legislation that would toughen the law passed last year.

By: Joe Kamalick
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