New US Congress site security bill deemed unwise

11 May 2007 18:58  [Source: ICIS news]

By Joe Kamalick

 

WASHINGTON (ICIS news)--New congressional approval of language that would broaden US chemical plant site antiterrorism security is unnecessary and unwise, chemical industry officials said on Friday.

 

Scott Jensen, a spokesman on security matters for the American Chemistry Council (ACC), said action by the House of Representatives to allow broad, independent regulation of chemical site security by individual states poses a challenge to the chemicals industry.

 

The House approved late on Thursday a supplemental spending bill that, while focused chiefly on funding for US military operations in Iraq and Afghanistan, included a provision that would bar the Department of Homeland Security from overriding any state laws or administrative actions aimed at chemical security.

 

Regulations issued by the department to implement the site security law passed last year would bar state involvement in mandating chemical plant protection standards if state rules conflict with or frustrate the federal law.

 

The House bill must be approved by the Senate, where it faces an uncertain future, and President George Bush has vowed to veto the spending bill in any event because of his dispute with congressional Democrat leadership on how to manage the war in Iraq.

 

However, the House vote marks the third time in recent weeks that Democrats in Congress have tried to insert this language into one or another piece of legislation.

 

“Some in Congress seem intent on broadening chemical site security legislation in some form or other,” Jensen said.

 

Maurice McBride, associate general counsel and security director at the National Petrochemical & Refiners Association (NPRA), said the House action of Thursday does pose a risk and raises concerns for the US chemicals industry.

 

It suggests, McBride said, that the new Democrat-controlled Congress will keep pursuing tougher chemical site security requirements until the Democrats get something along those lines passed.

 

McBride said he is concerned that other Democrat-sponsored measures now pending in Congress would pose even greater risks to the industry.  Separate legislation being considered in Congress would allow individuals to file suit against chemical plants over security matters and also would allow imposition of inherently safer technology requirements as part of federal security rules.

By: Joe Kamalick
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