DHS proposes risk-based security plan for chemical industry

DHS proposes risk-based security plan for chemical industry The U.S. Department of Homeland Security yesterday published an advanced notice of proposed rulemaking for regulating security at all chemical facilities.
   Companies with chemical facilities would be required to complete a secure online risk assessment to set a baseline of their overall risk to terrorist attacks or theft of material. High-risk facilities will then have to conduct vulnerability assessments and submit site security plans that meet DHS performance standards. The department will validate submissions through audits and site inspections, and provide technical assistance to facility owners and operators.
   Security plans will be designed to provide perimeter security, control access, deter theft of potentially dangerous chemicals, and prevent internal sabotage and other types of security breaches.
   An appeals process allows firms to challenge the disapproval of a site security plan. Failure to comply with performance standards may result in civil penalties up to $25,000 per day and DHS could order facilities shut down in severe cases of noncompliance.
   The proposed regulations are an outgrowth of new authority given DHS by Congress in the 2007 Homeland Security Appropriations Act. The law requires the security regulations to be implemented by April 4. DHS is accepting comments on the proposal through Feb. 7.
   DHS plans to implement security plans in phases, starting with facilities at highest risk.
   Sen. Charles Schumer, D-N.Y., criticized the plan when it was first unveiled last week.
   “This announcement is typical of DHS approaching the end-zone but not getting the ball over the line. We need tough mandatory standards and rules for the companies that are not doing nearly enough to protect themselves and the communities around them.    The administration and Congress have let the fox guard the hen house for far too long.    Chemical facilities could be a strategic target for terrorists and this doesn't go far enough to secure the plants that are most vulnerable. I look forward to revisiting this issue in the next Congress and pushing DHS to crack down on negligent companies and facilities,' he said.
   Sen. Susan Collins, R-Maine, the chairman of the Homeland Security and Governmental Affairs Committee, co-authored the legislation. She praised DHS for quickly moving to implement the legislation, but said the department exceeded congressional intent because the proposed rules “unilaterally preempt state and local laws.
   “The proposed regulation on preemption grants to the department a responsibility Congress never authorized, on an issue more properly presented to the courts — the difficult task of resolving complex questions of preemption.”
   Collins also expressed concern that DHS will hold information too tightly on a need-know-basis rather than a “need-to-share” basis with state and local officials.
   To read the entire notice, go to: https://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-9903.pdf