Chemical Threats

Since the 9/11 attacks, one of our greatest terrorist vulnerabilities still remains. The Department of Homeland Security (DHS) has identified 6,300 chemical facilities as "high-risk." The EPA has identified 100 chemical plants that each put one million or more people at risk up to 25 miles downwind from a plant. The U.S. Army Surgeon General estimated that an attack on just one U.S. chemical plant could kill or injure 900,000 to 2.4 million people. Despite numerous warnings since 2001, little has been done to neutralize these hazards beyond conventional fence-line security.

The good news is that there are many cost-effective and safer chemicals or processes already in use that eliminate these risks without sacrificing jobs. Since 9/11, more than 220 plants have switched to safer alternatives.

More guards and fences will not protect communities at risk. And as we've seen, relying on voluntary actions will take decades. Given the magnitude of these risks and the widespread availability of safer chemicals and processes, it would be irresponsible of Congress to fail to make safety a requirement. The most ironclad way to ensure the safety of people living in the shadow of dangerous chemical plants is to require the plants to convert to the safest available technologies. Once safer technologies are adopted, the plant will no longer pose a catastrophic risk even if it is successfully attacked or has an accidental release.

On November 2nd, over 50 chemical worker unions, public health groups, environmental groups (including Greenpeace), and government reform groups sent a letter to the House of Representatives urging them to pass H.R. 2868. Chemical industry lobbyists are working overtime to block or weaken this bill with loopholes. But terrorists can read the loopholes too. This is not a game and safety should not be optional.

Senators Obama and Biden were both champions of this legislation but the Senate has yet to take any action. They will be obligated to act once the House adopts a bill. You can help today by sending a message to your Senators.

Background on Chemical Security Legislation:

In March 2008, the House Homeland Security Committee adopted a bill (H.R. 5577) that goes a long way toward addressing these hazards. But the bill was bogged down by in-fighting with another Committee and a multi-million-dollar lobbying campaign led by the chemical industry.

Although Congress passed an interim temporary chemical security bill in 2006, this 740-word rider on an appropriations bill is fatally flawed. It actually bars the government from requiring safer chemicals or processes, and exempts thousands of plants—including 2,800 water treatment plants. Not surprisingly, this law has the support of Dow Chemical and other industry giants. This weak law is set to expire on October 4, 2009 and chemical lobby would rather it just be made permanent.

This year, the House Committee on Homeland Security agreed to a bill (H.R.2868) on June 23rd, by a vote of 18 to 11, with all Republicans voting no. The good news is that after three days of voting the Homeland Security Committee rejected the most crippling amendments by Republicans on behalf of the chemical industry. However, before they voted against the entire bill, the Republicans won four amendments (aka loopholes) designed to delay or undermine requirements to use safer chemicals or processes.

On October 1st, the Homeland Security Department and EPA officials testified before House Subcommittee on Energy and Environment calling for legislation that requires the use of safer chemical processes at the highest risk chemical plants. Soon after, on October 21st, the House Energy & Commerce Committee adopted a stronger version of H.R. 2868 on chemical plant security and also adopted H.R. 3258 on drinking water plant security. Both bills require the use of safer chemical processes wherever feasible at the highest risk plants.

On November 6, 2009, the House of Representatives approved the "Chemical and Water Security Act," (H.R. 2868 – both HR 2868 and HR 3258 combined into one bill) by a vote of 230-193. The legislation was led by Representatives Thompson (D-MS), Jackson-Lee (D-TX), Waxman (D-CA), Markey (D-MA), Oberstar (D-MN) and Johnson (D-TX). This is the first time either house of Congress has approved permanent and comprehensive chemical security legislation.

The legislation now moves to the Senate. To find out what you can do to help get strong legislation passed in the Senate, please click here.

A History of Legislation on Chemical Security

See videos of Obama & Biden on chemical security at:
http://vimeo.com/6036651
http://vimeo.com/5958647

Related news

- New York Times editorial
- The Washington Monthly
- Huffington Post
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- The Huffington Post
- Roll Call