CHEMICAL & ENGINEERING
NEWS OF THE WEE* OCTOBER 7, 2002 - EDITED BY JANICE LONG & JANET S. DODD
GOVERNMENT
SECURITY LEFT TO CHEMICAL INDUSTRY EPA Homeland Security plan backs voluntary antiterrorism plant measures VOLUNTARY PROGRAM IN "This is a good which EPA assists and eninterim measure. courages chemical companies to develop counterterrorism Itprovides no and security protections was annew authority, nounced last week by the agency part of its new Strategic Plan no new regula- as for Homeland Security. tions, no new EPA Administrator Christine effort to compel Todd Whitman made the announcement while releasing EPAs companies." overall strategy for preparing and
A
Chris VandenHeuvel, ACC
responding to terrorist attacks. The administrator highlighted a
RESPONDERS Whitman with members of EPA's new national terrorism response team. new national response team, a new security research center at the agency's Cincinnati laboratory, some $50 million in security grants for water treatment plants, and 75 new EPA response personnel. According to the plan, the agency's strategy for working with chemical companies on site security is one of "assisting," "en6
C&EN
/
OCTOBER
7,
2002
couraging," and "exploring" security guidelines, vulnerability assessments, and inherently safer technologies at plants, rather than requiring such actions or verifying that they were done. The Administration and EPA, Whitman said, had considered using its regulatory authority under the Clean Air Act and other laws to require companies to take antiterrorism steps. She believes EPA has such authority, but several industry groups do not. Whitman said that, after internal debate, EPA decided the "push back" in the form of litigation would be too great. Consequently, she said, about a month ago EPA abandoned the regulatory approach. Chris VandenHeuvel, communications director of the American Chemistry Council (ACC), called the strategy a "good stopgap measure that encourages all chemical companies to take steps like those our members already have under way." But he added that the federal government has yet to provide guidance on its eventual role in plant security Robert Perks of the Natural Resources Defense Council called the strategy a "complete failure" that does not address "the very real threat to the public of a terrorist attack on the nation's chemical plants." A day before Whitman's announcement, Maj. Gen. Bruce M. Lawlor, a senior official in the White House Office of Home-
land Security, said the Administration will support legislation requiring chemical facilities to conduct vulnerability assessments and take counterterrorism actions. Speaking at a Synthetic Organic Chemical Manufacturers Association security conference, Lawlor said that such a law would "perhaps" include money for companies to implement security improvements. Meanwhile, Whitman said EPA remains committed to legislation that could require companies to conduct terrorism vulnerability assessments and take mitigation measures, particularly companies that handle dangerous chemicals but are not members of trade associations that are voluntarily implementing security measures. "It is always better to get legislation and have parties start to come together in a bipartisan way," she said. "This is the clearest, cleanest, best, and fastest way to get this done." However, no such legislation has been made public (C&EN, Sept. 30, page 8). Whitman, Lawlor, and ACC all oppose S. 1602, sponsored by Sen. Jon S. Corzine (D-NJ.), the only bill that actually requires vulnerability assessments and risk reduction efforts. It unanimously passed in committee but appears dead for this congressional session. ACC also opposes involvement by EPA in plant counterterrorism efforts. But Whitman pointedly told reporters that President George W Bush has designated EPA as the lead federal agency for reducing vulnerability of the chemical industry Consequently, if legislation does come forth, EPAs role in antiterrorism activities at the plant level or in a Homeland Security Department will be hotly contested.-JEFF JOHNSON
