Rep. Maloney on Passage of Chemical and Water Security Bill

Article continues below...

November 09, 2009 -- Washington, D.C. – Congresswoman Carolyn Maloney (D-Manhattan, Queens) today applauded the House passage of the Chemical and Water Security Act of 2009 (H.R. 2868), which would increase the security and safety of the country’s chemical plants and water facilities. Maloney is a co-sponsor of the legislation, which passed the House late Friday afternoon by a vote of 230 to 193.

Among other measures, the bill strengthens and makes permanent the Department of Homeland Security’s existing Chemical Facility Anti-Terrorism Standards, encourages the use of safer chemicals and processes, and, for the first time, requires the Environmental Protection Agency to establish security programs at drinking water and wastewater treatment facilities. More information on the bill’s provisions can be found below.

“It’s vital that we scrutinize the security gaps at our nation’s chemical and water facilities –because that’s exactly what the terrorists are doing. Many of the nation’s highest-risk chemical plants are in New York or right across the Hudson River,” said Rep. Maloney. “I am proud that this Congress is taking a leadership role in making our chemical plants and water supply less vulnerable to attacks and accidents.”

The Chemical and Water Security Act of 2009:

Makes permanent the chemical security program. This bill reauthorizes the Department of Homeland Security's (DHS) authority to implement and enforce the Chemical Facility Anti-Terrorism Standards (CFATS), which are currently set to expire in October 2010, and strengthens these standards in a number of ways.

Promotes the use of Inherently Safer Technologies (IST) to reduce the consequences of a potential terrorist attack. It requires the highest-risk plants to consider whether they can switch to safer chemicals or processes to reduce the risks and consequences of terrorist attacks. It gives the Homeland Security Department authority to require certain facilities in the two highest risk groups to switch to safer chemicals or processes when it is feasible, cost effective and lowers risk at the facility while not shifting the risk to other facilities or to elsewhere in the supply chain. It provides a fair appeals process for companies to challenge these decisions.

Covers water and wastewater treatment facilities for the first time. The bill for the first time requires the Environmental Protection Agency (EPA) to establish parallel security programs for drinking water and wastewater facilities. The bill requires the EPA Administrator to establish risk-based standards for community water systems serving more than 3,300 people, wastewater facilities that treat at least 2.5 million gallons per day (estimated to serve population of 25,000 or more), and other exceptional water systems that the EPA Administrator determines, in her discretion, pose a security risk.

Provides for Citizen Enforcement. A person may file suit against the DHS Secretary to compel her to carry out her non-discretionary duties to implement CFATS or against federal facilities for any violation of an order issued under this Act. The bill does not authorize citizen suits against privately-owned chemical facilities. It creates a new "citizen petitions" process for citizens to report potential security violations to DHS and receive an official response. This process ensures that all sensitive security information is fully protected from public disclosure while facilitating citizen enforcement.

Protects of Security Information. The bill requires DHS and EPA to provide standards for the sharing of security information with those who have an official need to know it, such as state and local officials, first responders, and local homeland security officials, and to protect information when disclosure would be harmful to the security of a covered chemical facility or water system. The bill sets criminal penalties for anyone who discloses protected information in knowing violation of the information protection regulations.

Source: Congresswoman Carolyn Maloney