Protesters gather outside BP Carson Refinery Plant in Los Angeles. A terrorist attack here resulting in multiple explosions could expose hundreds of thousands of people to deadly toxic chemicals fumes, especially if the wind direction is right Today, thanks to CFATS such facilities are required to submit a security vulnerability assessment plan in place to help mitigate a terrorist attack?
On June 8, 2014 Rep. Meehan asked for time to address the Chemical Facility Anti-Terrorism Standards Program Authorization and Accountability Act 2014. The legislation if passed will seek to protect covered chemical facilities and chemical facilities of interest from acts of terrorism and other security risks and require such facilities to submit security vulnerability assessments and to develop and implement site security plans.
Something that is not required now.
His comments are as follows:
” CFATS (Chemical Facility Anti-Terrorism Standards) was created by the Department of Homeland Security in 2007 after Congress authorized the Department to develop a set of vulnerability assessment standards for chemical plants and to implement a corresponding set of regulations that will protect the highest risk facilities from a physical attack. Prior to the attacks on 9/11, Congress had established an array of laws aimed at preventing environmental disasters at facilities that produce or store potentially dangerous chemicals. While those laws remain, Congress and the Department of Homeland Security developed CFATS specifically to prevent an intentional attack on chemical facilities.
The program uses risk-based performance standards in order to provide individual facilities the flexibility to address their unique security challenges. Importantly, the Department developed a tiering structure that permits CFATS to focus their resources on the higher-risk facilities. By partnering with industry, CFATS requires the covered chemical facilities to prepare security vulnerability assessments and develop and implement site security plans that are based on those assessments.
Despite what we would all agree are the best of intentions, it is no secret that CFATS has struggled throughout its 7-year history. From implementation problems to management flaws to insufficient feedback from facilities, highlighted in the aftermath of the West, Texas, disaster, CFATS has had a rocky start. However, let’s be mindful that mismanagement is not synonymous with policy failure.
Our goal has been to identify both the major problems with the program and the progress made by DHS to correct them. The assessment has given us the ability to craft a set of benchmarks that are complementary to the President’s Executive Order No. 13650 that was released after the tragic explosion at the West Fertilizer plant in West, Texas, last spring.
For the past 4 years, CFATS has relied on appropriations with no official guidance or authorizing statute from Congress. Past attempts to reauthorize the program have failed due to either overly ambitious proposals or sweeping overhauls that expand the scope of its intent. Let’s first fix the program before we debate granting greater responsibility.
We have taken a modest, practical approach to reauthorization. We have determined that the site security plan approval process needs greater efficiency. The compliance process is greatly in need of better coordination. Implementing a sensible and effective methodology in assessing risk will help DHS better communicate with State and local officials, as well as other Federal agencies and industry associations, to identify facilities. This is important as we talk about issues like the West, Texas, plant. CFATS must remain on probation until the program proves its effectiveness. Therefore, the Government Accountability Office should continue to assess the program and report to Congress its findings on a biannual basis–all parts that are included in that bill.
The resulting legislation, H.R. 4007, does all of these things and, therefore, enjoys support from a wide array of stakeholders. Republicans and Democrats have voiced their support for the bill. In addition to having two Democratic cosponsors, Representatives Gene Green and Filemon Vela, Homeland Security Secretary Jeh Johnson explicitly endorsed H.R. 4007 in February of this year. We have worked with the House Energy and Commerce Committee and the Senate Homeland Security and Governmental Affairs Committee to produce legislation that puts the security of Americans above politics and jurisdictional values.
This bill has support from the House; the Senate, which is in the process of crafting a companion bill, which they plan to mark up this month; DHS Secretary Jeh Johnson; and industry stakeholders, including the Chamber of Commerce of the United States, the American Chemistry Council, CropLife America, and a coalition comprised of a broad spectrum of agricultural, mining, petroleum, and transport organizations. At this time, I would like to enter those support letters into the Record”, said Rep. Meehan.
Source: Congressional Record http://thomas.loc.gov/
You can learn more about what has already been accomplished under the program by checking out the DHS fact sheet and the CFATS page.
Special thanks to Scott Jensen, the Director Issue Communications, American Chemistry Council for insuring the accuracy of this report. For more information of the advocacy of the American Chemistry Council see website: www.americanchemistry.com