Collective Comments on the Risk-Based Performance Standards Guidance

Greenpeace and others warned that the new DHS guidance, "may even be counter productive by failing to encourage facilities to use the most protective security measures available." These security measures include the use of safer more secure chemicals and processes that can eliminate the risk of a catastrophic release of poison gas following a terrorist attack. The DHS did not even mention this as a voluntary option even though it is a central part of legislation (H.R. 5577) adopted by the Homeland Security Committee in March.

The DHS security standards are based on a temporary 2006 law that is riddled with loopholes and will expire on October 4, 2009. The law actually prohibits the DHS from requiring chemical plants to implement the safest technologies. The law also exempts all 2,800 water treatment plants, many of which use poison gases such as chlorine.

For example the DHS notice included a disclaimer repeated nineteen times admitting that their advice "does not establish legally enforceable requirements..." and that security measures listed are "neither mandatory nor necessarily the preferred solution."

The full proposed DHS guidance is at: http://www.dhs.gov/xprevprot/programs/gc_1224871388487.shtm

Read Greenpeace's and our coalition partners' comments to the Department of Homeland Security's guidance.