Statement

ACC Asks Congress to Support Smart Chemical Facility Security Regulations

ARLINGTON, VA (October 1, 2009) – ACC’s Marty Durbin testified before the House Energy and Commerce Subcommittee on Energy and Environment during a legislative hearing today on the “Chemical Anti-Terrorism Act of 2009.”  American Chemistry Council Vice President of Federal Affairs Marty Durbin issued the following statement:

“The chemical security issue is always accompanied by heated rhetoric and emotion, regardless of the significant actions taken by all involved and the enormous progress that’s been made.  While there is certainly room for disagreement and differences on how best to achieve the objective of securing our nation’s chemical facilities, it’s useful to reflect on what’s been accomplished."

“After 9/11, ACC and many others in the chemical industry stepped up and implemented serious, stringent security programs at their facilities before there was any government direction.  To date, our members have invested nearly $8 billion in security enhancements under our own Responsible Care Security Code® and continue to be strong proponents of federal chemical security regulations." 

“DHS has acted swiftly to develop and implement comprehensive security regulations, the Chemical Facility Anti-Terrorism Standards (CFATS).  This program is by far the most robust, comprehensive and demanding chemical security regulatory program to date.  For ACC members, this is exactly what a strong, smart regulatory approach must do—set a high bar through performance-based standards and then hold facilities accountable." 

“The legislation being considered by this committee represents an important step toward building on the success of the current program.  However, our members continue to express concern that the bill would allow DHS to mandate process changes.  Because CFATS already drives facilities to consider all options and provides incentive to implement security enhancements—including process changes—we question whether such a provision is necessary.  We also believe the “citizen suit” provision is counterproductive to the ultimate success of CFATS.  Unlike environmental statutes, CFATS is not a series of prescriptive statutory measures like emission standards or discharge limitations." 

“While we have strong views on these issues, we are committed to being a constructive partner and look forward to working with this committee, Congress and DHS to make a smart regulatory program even better.”

» View full version of ACC’s testimony.

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