U.S. Announces New Chemical Plant Security Rules

The Bush administration announced new security requirements for the nation's high-risk chemical plants yesterday, capping years of internal debate over industrial regulations following the Sept. 11, 2001, attacks.

Homeland security officials said the new rules mark the first "across-the-board" attempt to require companies to head off potential catastrophic terrorist attacks involving the theft or explosive release of toxic chemicals stored in densely populated urban areas.

"We are going to be more comprehensive than we have ever been in making sure we have a full picture of all the chemical-based risks out there, and making sure we are systematically driving down the risk of the most dangerous chemicals," Homeland Security Secretary Michael Chertoff told reporters.

Congressional Democrats, state officials and environmental groups said the rules will undercut stronger state laws and block future efforts to limit the threat.

The federal rules do not set a timetable for changes or require the industry to take specific measures, such as switching to less hazardous chemicals or "inherently safer technology," as New Jersey Gov. Jon S. Corzine (D) has proposed. They give the homeland security secretary discretion to decide which plants pose a high risk.

Corzine spokesman Anthony Coley said the rules "appear to undermine states' ability to tailor important policies unique to their own situation and vulnerability."

Sen. Frank Lautenberg (D-N.J.) called the Department of Homeland Security plan "unacceptable," and Sen. Susan Collins (R-Maine) said its language on state laws is "overreaching."

Sen. Robert Menendez (D-N.J.) said, "The department continues to crawl toward the goal of stronger security, while many of the states know that we should be running toward it."

The House and the Senate, led by members from major chemical-processing states, including New Jersey and Texas, recently approved measures -- attached to separate Iraq war funding bills -- that would explicitly bar the Bush administration from preempting state chemical security laws.

President Bush has threatened to veto the bills, which set dates for the withdrawal of troops. Lawmakers said they would continue to push for stand-alone legislation.

The new regulations anticipate that as many as 7,000 of the nation's 15,000 chemical plants will be required to complete a secure online questionnaire within 120 days, based on the amount and type of chemicals they store and their locations in heavily populated areas.

DHS will require an estimated 300 to 400 of the most vulnerable plants to produce more detailed studies and plans to secure their perimeters with fences and guards to limit access to sensitive sites and targets, and to avoid theft and sabotage, Chertoff said.

Plants will be subject to audit, inspection and negotiation with regulators, enforceable by penalties of up to $25,000 a day or shutdowns. DHS will deploy 70 regulators and has requested $25 million to fund the program.

The American Chemistry Council, noting that its industry members have spent more than $3.5 billion to upgrade security since 2001, hailed what it called "landmark" regulations resulting from "years of hard work by members of Congress, the Department of Homeland Security and industry leaders working cooperatively to improve national security."