30 décembre, 2006 09:38
U.S. unveils new security rules for chemical plants
Salem News
WASHINGTON - DuPont Co., Dow Chemical Co. and other chemical companies will have to submit to government inspections of their plants' security under proposed regulations issued yesterday by the federal Homeland Security Department.
Under the new rules, chemical plants considered to be high risk must assess their vulnerabilities and provide security plans to the government. Manufacturers could be fined as much as $25,000 a day or, in the worst case, be closed for noncompliance.
Congress in September passed a measure that gave limited authority to Homeland Security Secretary Michael Chertoff to regulate security at the nation's 15,000 chemical plants. Chemical plant security has been a priority because the release of chlorine gas or ammonia used in fertilizer could result in massive casualties.
The proposed orders issued yesterday by the Homeland Security Department would take effect April 4, a deadline set by Congress and President Bush. The orders closely follow the recommendations of the chemical industry. The public will have until Feb. 7 to comment on the proposed guidelines.
Industry representatives welcomed their arrival. "They are following the structure that Congress outlined," said Scott Jensen, a spokesman for the American Chemistry Council, which represents the largest chemical makers. "The idea here is to set a security level that they want these facilities to achieve, commensurate with the risk that each facility represents."
The council's 133 members lobbied for the new rules and have spent $3.5 billion on security upgrades to their 2,000 facilities since the Sept. 11, 2001, terrorist attacks, Jensen said.
But Democrats such as Congressman Ed Markey of Massachusetts, a senior member of the House Homeland Security Committee, said the legislation didn't go far enough and the department should require companies to substitute safer chemicals in their products when possible, a restriction the industry opposes.
"These regulations continue to give them a pass" on tightening security, Markey said. "When the Congress reconvenes in January, we will be looking to close the wide-open security loopholes."
A spokesman for Markey said the regulations were aimed at high-risk chemical manufacturing operations and probably wouldn't apply to end users, such as the ink and paint manufacturing companies in Danvers where a massive explosion on Nov. 22 leveled a 10,000-square-foot building, damaged about 90 surrounding homes and a half-dozen businesses, and displaced 68 families. The cause still has not been determined.
Only 24 of the 68 families have returned to their homes so far, and most are expected to be gone until spring. Five homes and five businesses damaged beyond repair have been demolished, and more demolition is expected.
U.S. Sen. Susan Collins, a Maine Republican who's the outgoing chairwoman of the Homeland Security Committee, said she's concerned the proposals would void state laws, some of which may be more restrictive, and prevent legitimate court challenges to the department's oversight.
Adam Muellerweiss, spokesman for Midland, Mich.-based Dow Chemical, the biggest U.S. chemical maker, said the proposed regulations will help institute better security standards for the industry.
The company hopes the final regulations "are stringent and strict," he said. "There are companies out there that don't take the same measures" with security Dow Chemical does.
Wilmington, Del.-based DuPont, the third-largest U.S. chemical maker, is reviewing the proposed regulations, spokeswoman Kelli Kukura said.
Under the proposed rules, the department would determine how much damage a terrorist attack could cause on a plant. The department would then create standards for better deterring the theft of chemicals, controlling access to plants, securing the perimeters and guarding against sabotage from employees.
The guidelines create a process for companies to appeal government disapproval of their security plans and come a week after the Homeland Security Department announced proposed regulations for securing rail shipments of chemicals.
The council's 133 members lobbied for the new rules and have spent $3.5 billion on security upgrades to their 2,000 facilities since the Sept. 11, 2001, terrorist attacks, Jensen said.
But Democrats such as Congressman Ed Markey of Massachusetts, a senior member of the House Homeland Security Committee, said the legislation didn't go far enough and the department should require companies to substitute safer chemicals in their products when possible, a restriction the industry opposes.
"These regulations continue to give them a pass" on tightening security, Markey said. "When the Congress reconvenes in January, we will be looking to close the wide-open security loopholes."
A spokesman for Markey said the regulations were aimed at high-risk chemical manufacturing operations and probably wouldn't apply to end users, such as the ink and paint manufacturing companies in Danvers where a massive explosion on Nov. 22 leveled a 10,000-square-foot building, damaged about 90 surrounding homes and a half-dozen businesses, and displaced 68 families. The cause still has not been determined.
Only 24 of the 68 families have returned to their homes so far, and most are expected to be gone until spring. Five homes and five businesses damaged beyond repair have been demolished, and more demolition is expected.
U.S. Sen. Susan Collins, a Maine Republican who's the outgoing chairwoman of the Homeland Security Committee, said she's concerned the proposals would void state laws, some of which may be more restrictive, and prevent legitimate court challenges to the department's oversight.
Adam Muellerweiss, spokesman for Midland, Mich.-based Dow Chemical, the biggest U.S. chemical maker, said the proposed regulations will help institute better security standards for the industry.
The company hopes the final regulations "are stringent and strict," he said. "There are companies out there that don't take the same measures" with security Dow Chemical does.
Wilmington, Del.-based DuPont, the third-largest U.S. chemical maker, is reviewing the proposed regulations, spokeswoman Kelli Kukura said.
Under the proposed rules, the department would determine how much damage a terrorist attack could cause on a plant. The department would then create standards for better deterring the theft of chemicals, controlling access to plants, securing the perimeters and guarding against sabotage from employees.
The guidelines create a process for companies to appeal government disapproval of their security plans and come a week after the Homeland Security Department announced proposed regulations for securing rail shipments of chemicals.
