Chemical Security Issue Brief
Chemical Security
ISSUE
America’s chemistry sector is an essential part of the nation’s critical infrastructure, a national asset that needs to be protected from terrorism. The effort to safeguard the nation’s chemical facilities continues to move forward as the Department of Homeland Security (DHS) implements the Chemical Facility Anti-Terrorism Standards (CFATS). However, this comprehensive program will expire later this year absent Congressional action.
BACKGROUND
ACC member companies manufacture essential products critical to homeland security and everyday items that keep the economy moving. More than 96% of all manufactured goods are directly touched by the business of chemistry. Our members provide the chemistry that is used to produce life saving medications and medical devices, body armor used by our military and law enforcement officers, deicing fluids for airplanes, energy saving solar panels, and so much more.
Since 9/11, ACC members have led the way, investing more than $8 billion on facility security enhancements under ACC’s Responsible Care Security Code® (RCSC), the gold standard for the industry and a model for the three states that have implemented mandatory security measures—New Jersey, New York and Maryland.
Under the RCSC, ACC member facilities implement a comprehensive, multi-layered security program developed by safety and security experts that addresses site, transportation, and cyber security. Under the Code, ACC members have completed vulnerability assessments, developed and implemented security plans, and verified implementation of physical enhancements through independent, third parties such as local law enforcement and emergency response officials.
In addition, ACC strongly supports the broad and comprehensive approach taken by DHS to thoroughly evaluate potential security risks and protect tens of thousands of chemical facilities that are an essential part of the nation’s critical infrastructure.
Recognizing that terrorism can take many forms, DHS is applying a risk-based approach toward prioritizing chemical facilities in order to help thwart an attack and lower the attractiveness of these sites and essential products as potential terror targets. The rules require chemical facilities to address a wide range of threats, from preventing a bomb-laden car from reaching a target to preventing theft or diversion of materials from a site.
Under the direction of DHS through CFATS, over 35,000 facilities that use or store chemicals are moving swiftly by investing significant resources to meet the obligations of the chemical security regulations.
DHS has acted aggressively to implement CFATS, a stringent program that allows the agency to fine or shut down facilities that do not comply. DHS estimates it will cost facilities more than $8 billion dollars in additional human, physical and cyber security resources to meet the CFATS requirements.
AMERICAN CHEMISTRY COUNCIL VIEWPOINT
ACC continues to be a strong advocate for federal security regulations to ensure that nationwide, all high-risk chemical facilities take the same steps our members have to enhance security.
One of the most important things Congress can do to promote meaningful chemical facility security is to reauthorize CFATS and provide DHS with the resources needed to fully implement this stringent chemical security program. Providing a permanent framework for chemical security regulations is of critical importance to ACC members.
As Congress develops legislation to extend the program, however, ACC believes it should avoid provisions that grant DHS absolute authority to override chemical engineers, process safety experts and industry security officials when it comes to decisions regarding changes to chemical processes. In our view, CFATS takes the right approach by establishing performance standards that help facilities identify potential security enhancements—including “methods to reduce consequences” or “inherently safer” approaches.
Instead of working off a set list of security measures, this performance-based strategy allows facilities to develop plans tailored to their unique needs and vulnerabilities. Government and industry must work together to strengthen the security of America's chemical facilities, while not undercutting an important part of the nation's economy.