In response to the bill's passage, Rick Hind, Legislative
Director for Greenpeace USA's toxics campaign, issued the following
statement:
"If enacted, this new law could save thousands of lives. By
using safer chemicals to replace obsolete poison gases, a U.S.
chemical plant no longer could be turned into a weapon of mass
destruction. Under the existing interim law, the most ironclad
security measures and safer technologies are actually barred from
becoming a security requirement."
Background Summary of the "Chemical Facilities Anti-Terrorism
Act of 2008"
Positive provisions:
- Includes Rep. Markey's (D-MA) amendment requiring high-risk
chemical facilities to use safer chemicals or methods that "reduce
the consequences of a terrorist attack" as long as they do not
shift risks and are technically feasible and cost effective.
- Eliminates the current law's exemption of approximately 3,000
drinking water and wastewater facilities.
- Involves plant employees in the development of vulnerability
assessments and security plans and provides protection for
whistleblowers.
- Protects state authority to establish stronger security
standards.
Security loopholes:
- Allows the DHS complete discretion in designating facilities
in the highest risk tier. The DHS is currently focusing only on 90
facilities for the highest risk tier. As a result, more than 97
percent of the plants that the DHS has identified as each putting
1,000 or more people at risk will be exempt from the strictest
security standards and community protections. See national map at:
/usa/Global/usa/graphics/2008/3/chemical-facility-maps.jpg
- Fails to let the public know how many facilities are in
compliance with the law, how many are using safer technologies or
how many are in each of the four risk tiers.
- Contains a loophole that could allow industry to substitute
its own security programs for federal security requirements.
- Fails to require an assessment of emergency response capacity
and limits public dissemination of information about safer
technologies.
The bill will now go to next the Energy and Commerce Committee.
Rep. Joe Barton (R-TX), ranking and former chair, has openly
opposed and derailed strong legislation since 9/11. Alternately,
Rep. John Dingell (D-MI) has probed the administration's inaction
on chemical security since 2002.
VVPR info: Contact: Jane Kochersperger, Media Officer, (202) 319-2493 direct; Rick Hind, Legislative Director Greenpeace toxics campaign, (202) 413-8513