BARRY BAHLER/DHS
GOVERNMENT & POLICY
role in enhancing the security and resiliency of our nation’s chemical facilities and other critical infrastructure.” Napolitano also cited the need for a coordinated effort among multiple agencies and missions within DHS. The Coast Guard, for example, has significant regulatory authority over chemical facilities along ports and waterways, and the Transportation Security Administration works with industry to protect hazardous chemicals transported by rail and pipelines, she said. COLLABORATION
Napolitano discusses chemical plant security as Sloan and DHS Deputy Undersecretary Philip R. Reitinger (far right) look on.
NAPOLITANO PUSHES CHEMICAL SECURITY Administration wants Congress to extend
ANTITERRORISM STANDARDS for chemical plants GLENN HESS, C&EN WASHINGTON
THE OBAMA ADMINISTRATION is work-
ing with Congress to strengthen a temporary federal program designed to protect U.S. chemical facilities against potential terrorist attacks, the nation’s top security official told an industry conference earlier this month. But the chemical industry, although agreeing that the current program needs to be extended, wants no part of a key element of the Administration’s proposal. “I am confident we will find common ground with Congress to permanently authorize the Chemical Facility Anti-Terrorism Standards” (CFATS), said Department of Homeland Security (DHS) Secretary Janet Napolitano. She gave the keynote address at the 2010 Chemical Sector Security Summit, a two-day event that kicked off on July 7 and drew more than 400 participants to Baltimore. It was funded by DHS and the Society of Chemical Manufacturers & Affiliates (SOCMA), a trade association. Chemical industry officials and congressional aides attending the summit indicated that Congress is more likely to approve a one-year extension of the current CFATS program as the legislative calendar winds down. DHS’s authority to continue implementing and enforcing the three-year-old chemical security regime expires on Oct. 4. “Not all facilities need the same level
of security,” Napolitano noted. “We need to identify and secure those facilities that, if attacked, would endanger the greatest number of people.” If CFATS is allowed to expire, the secretary cautioned, it could “disrupt” efforts under way by government and industry to safeguard 5,000 “high risk” chemical facilities against a variety of threats, including terrorism. Under CFATS, facilities are required to assess their vulnerabilities, such as whether their perimeters, access points, and computer systems are secure. Facilities designated as high risk—because they produce, handle, or store threshold quantities of certain hazardous chemicals—are required to develop site security plans and implement protective measures. DHS then conducts audits and inspections to ensure compliance. “Securing our nation’s chemical sector requires extensive collaboration with our private-sector partners,” Napolitano said. “Flexible, practical, and collaborative programs such as DHS’s National Infrastructure Protection Plan and CFATS play a key
IN HER REMARKS, Napolitano also reaffirmed the Administration’s support for adding provisions to CFATS that would require the highest risk chemical facilities to adopt so-called inherently safer technology (IST), which can include the replacement of hazardous chemicals with less-toxic alternatives. Napolitano acknowledged that there are “some differences of opinion” over whether an IST mandate should be included in security legislation. But she added, “Let me just say this: We support the use of safer technology such as less-toxic chemicals where possible to enhance security. But we also recognize that as we seek to manage risk, we need to balance the costs and benefits associated with doing so.” The House of Representatives approved the Chemical & Water Security Act (H.R. 2868) in November 2009. The bill would give DHS permanent authority to establish and enforce security standards at chemical facilities. Wastewater treatment plants and drinking water facilities would also be required to adopt security measures. Most notably, the legislation would grant DHS new power to order the riskiest facilities to replace dangerous chemicals and processes with alternatives that are safer and more secure where technically feasible and cost-effective. Sen. Frank R. Lautenberg (D-N.J.) introduced a similar measure (the Secure Chemical Facilities Act, S. 3599) in the Senate on July 15. Proponents of the IST requirement, which include unions and environmental
“CFATS has already demonstrated its effectiveness.” WWW.CEN-ONLINE.ORG
30
JULY 26, 2010
BUT CHEMICAL manufacturers vehe-
mently oppose any IST mandate, arguing that a government bureaucracy is in no position to adequately assess the complexity of chemical processes used at a particular facility. Industry representatives say they know best how to assess security risks and, if necessary, modify operations. The industry instead wants the federal security initiative renewed without any significant changes, saying congressional proposals that would give DHS authority to mandate process changes are unnecessary. IST is a “process safety tool, an engineering concept. It’s not designed to be applied to security,” said Lawrence D. Sloan, president and chief executive officer of SOCMA. “It’s brilliantly named; who can be against inherently safer technology?” Sloan remarked at a press briefing during the summit. “But the reality is not that simple.” IST is difficult to define and characterize, and there is no agreed-upon methodology for measuring whether one process is inherently safer than another, Sloan said. “It really runs counter to the performance standards that are part of the CFATS program.” During a panel discussion on IST, Peter N. Lodal, leader of Eastman Chemical’s plant protection technical services group, said CFATS already drives each facility to consider all possible risk-reduction options when developing a site security plan. The reason this occurs, Lodal explained, is that the highest risk facilities face significant costs to comply with CFATS’ stringent
requirements and thus have a strong inplan to offer his own legislation. Liebercentive to implement enhancements that man, she noted, strongly advocates includcould reduce the facility’s risk profile and ing an IST mandate in the CFATS program. potentially move it out of regulation by the “This is too valuable to leave off the taprogram. ble,” Idelson said. “Sen. Lieberman agrees “CFATS has already demonstrated its efwith the Administration that this should be fectiveness,” he said, noting that more than part of the program. We’re not trying to set 2,000 facilities once deemed “high risk” by up a massive bureaucracy. Our plea would DHS are no longer subject to the program’s be, ‘Work with us.’ ” regulatory requirements after adopting Collins, however, does not believe an IST various security measures. requirement is appropriate for chemical seAs a result, the industry is backing the curity legislation, said Brandon L. Milhorn, Continuing Chemical Facilities AntiterrorRepublican committee staff director and ism Security Act (S. 2996), introduced by chief counsel. Under the House bill, DHS Sen. Susan M. Collins of Maine, the ranking would make “the final decision about what Republican on the Senate Homeland Secuis right for your facility,” he told the audirity & Governmental Affairs Committee. ence. “Sen. Collins thinks that’s fundamenHer bill would extend the current CFATS program for five years. It does not include an IST mandate, nor would it expand coverage to wastewater and drinking water facilities. Keeping the existing regulatory regime in place through 2015 would allow DHS and the chemical industry to remain focused on successfully implementing the required security measures as quickly as possible, acINSPECTION TOUR tally inappropriate. It would undermine Greenpeace’s cording to Sloan. “We feel collaboration between the department 135-foot thermal that it is a very pragmatic, and industry, particularly when we airship flies commonsense approach don’t have a definition of IST.” near Dupont’s that is working well,” he Congress directed DHS to establish Edgemoor, Del., plant in May. remarked. interim rules regulating security at Sloan also pointed out high-risk chemical facilities as part of that Collins’ bill is cosponthe department’s fiscal 2007 approprisored by two Democrats on the homeland ations bill. These rules became the CFATS security panel—Sens. Mark Pryor of Arkanprogram. DHS’s initial authority for the sas and Mary L. Landrieu of Louisiana. “On program expired in October 2009 but was the House side, we have a purely partisan extended for an additional year. bill that has received no support from the With the midterm elections approaching minority party,” he said. and with a full legislative calendar, Sloan said The House passed H.R. 2868 mostly it’s unlikely that Congress will make major along party lines on a 230-193 vote. Twentychanges in the program this year and will one Democrats opposed the measure. “The instead opt to simply pass another one-year only thing bipartisan about the House bill extension. That would allow DHS to continwas the opposition against it,” Sloan said. ue implementing CFATS while giving indusSeveral congressional aides who spoke try some regulatory certainty, he added. at the summit indicated that the Senate Idelson pointed out that although the homeland security committee would likely Administration wants Congress to perconsider and vote on both the House-passed manently authorize CFATS, the White bill and Collins’ proposal this month. House’s fiscal 2011 budget proposal for Holly Idelson, majority counsel to the DHS would fund CFATS through October committee, said Sen. Joseph I. Lieberman 2011. “I would be shocked if Congress let (I-Conn.), the committee chairman, generthis program lapse,” she remarked. “We do ally supports the House bill and does not want to see it continue.” ■ WWW.CEN-ONLINE.ORG
31
JULY 26, 2010
TIM SHAFFER/GREENPEACE
organizations, argue that if the highest risk plant sites were made inherently safer by eliminating the possibility of a catastrophic chemical release, the facilities would become less attractive targets for terrorists. To build support for the bill, the environmental group Greenpeace has been conducting “citizen inspections” this summer to highlight the potential risks associated with chemical plants that store and use large amounts of chlorine gas. The group’s giant green blimp flew over DuPont’s Edgemoor, Del., and Deepwater, N.J., facilities in May (C&EN, June 7, page 35), and the activists targeted Kuehne Chemical’s South Kearny, N.J., plant last month. “The day after another attack like 9/11, no one will question whether we should have required these plants to use safer available alternatives,” says Rick Engler, director of the New Jersey Work Environment Council, a Trenton-based alliance of 70 labor, community, and environmental organizations.
