Industry Views On The Race for Chemical Security

The Race for Chemical Security
Jan 03, 2008

Article originally from American Chemistry magazine.

For some in Washington, D.C., the issue of chemical plant security seemed resolved when Congress passed legislation just prior to the 2006 election recess. However, for the American Chemistry Council (ACC) and its member companies, passage of the legislation was not a checkered flag that ended the race. In reality, there will be lots of hard work ahead and many decisions to be made. Fortunately, thanks to the efforts of ACC and its members, the foundation for the future was laid by the Responsible Care® Security Code.


The quest for legislation

Since 2003, ACC has led the charge for a strong, effective chemical security law. It worked with Congress, testified at hearings, and made sure the final bill took into account the importance of protecting the business of chemistry for the good of the nation. The measure signed into law last October reflected many of ACC’s views and met the nation’s needs. It granted the Department of Homeland Security (DHS) the authority to establish national performance standards for chemical facility security, to enforce those standards through inspection, as well as the power to require corrective action.

Of course, that was only one aspect of ACC’s leadership. Following the terrorist attacks of Sept. 11, 2001, without waiting for legislation or other federal directives, ACC initiated its mandatory RCSC to protect member company communities, employees, products, and facilities. The code covers site, cyber, and transportation security. Its four essential components require member companies to:

• prioritize facilities;
• assess vulnerabilities, using rigorous methodologies developed or approved by experts at Sandia National Lab and the Center for Chemical Process Safety (CCPS);
• implement security enhancements commensurate with risks, and;
• verify physical enhancements through local officials or other credible third parties.

This realistic yet tough-minded process creates a methodology that can also be replicated at non-ACC facilities. Not surprisingly, DHS follows a similar approach in its recently proposed regulatory program, which will be finalized in less than one month.



Out of the starting gate

Typically, rule making of this kind involves a broad exchange of ideas among stakeholders and agency experts, and this process has been no exception. It is clear DHS is already incorporating elements drawn from the RCSC. In particular, DHS regulations will prioritize facilities, requiring “high-risk” sites to undertake vulnerability assessments and develop and implement site security plans proportionate to its risk level.

Defining what constitutes high risk and determining which facilities cross that threshold will be among the greatest challenges faced by DHS. Ted Cromwell, ACC’s Senior Director for Security, explains that DHS is utilizing a four-fold risk model that encompasses:

• off-site consequences, based on the types of chemicals, their quantities, and
  proximity to population centers;
• sabotage and the threat posed by contaminated products;
• theft and the potential use of stolen products to harm people and property, and;
• economic consequences to national security or the region, due to lost production and reduced accessibility of chemical products.

“ACC supports this analytical framework,” Cromwell says. “We believe ACC’s members are well-positioned to comply with the new rules, and we are working with DHS to help ensure the rules are coherent, effective, and enforceable.”


ACC’s formal comments on the rulemaking supported the overall effort and offered guidance on specific issues. Full comments can be downloaded from www.americanchemistry.com/security. DHS will issue its final regulations on April 4.


A change in attitude?

Throughout the chemical security legislative and regulatory process, Cromwell and his colleagues at ACC and its member companies have seen a significant change in Washington’s view of the chemical industry.

“The most refreshing aspect of our new relationship with the government is that our products, facilities, and role in society are seen as assets to be protected, not just liabilities to be regulated,” he says.

This growing awareness on the part of the nation’s officials is not an accident, but rather, the result of a focused education and outreach effort by ACC and member companies, including the widely praised essential2 ® campaign, CHEMTREC®, TRANSCAER®, and Responsible Care® programs. It is also thanks to long hours of hard work by officials in industry-government relations, communications, and regulatory affairs.

“It’s still early in the race for chemical security,” Cromwell notes. “The government, ACC, and our members are well-positioned, and if we all do our part, the real winners will be the people, the communities, and the customers who depend on chemistry every day.”