New DHS Rules Gut Chemical Facility Security

by: JRB

Wed Feb 07, 2007 at 03:34:43 PM EST

UPDATE: This afternoon, there was a chemical plant explosion in Kansas City. Under the DHS pre-emption rules, if anyone was hurt, no one can be held accountable.

Today, the Department of Homeland Security (DHS) stops accepting comments on security regulations for facilities that make, process or store dangerous chemicals. Their rules, proposed at a time they'd receive the least attention, go unchallenged. The DHS now has complete, unassailable authority over hazardous sites.

Feel any safer?

It happened like this: in October of last year, President Bush signed the Homeland Security Appropriations Act of 2007, which contained a section providing DHS "with authority to promulgate "interim final regulations" for the security of certain chemical facilities in the United States." By this act, DHS was given the authority to pre-empt existing state laws governing chemical plant security, and to make and implement its own rules -- even when those rules reduce security.

This is the case in New Jersey, where strong state regulations on chemical plant security will be replaced by the weaker federal ones the DHS released on December 22 -- the Friday before Christmas. Alongside Joe Lieberman and Susan Collins, Senator Frank Lautenberg stood up to this attack on our security.

Lautenberg charged that the Bush administration and "their cronies in the chemical industry" are trying to repeal New Jersey's strong chemical security laws.
"When most of us were preparing for the holidays, the Bush administration tried to sneak chemical-industry-friendly regulations past the American people. We caught them, and now we're going to act," said Lautenberg, ... a member of the Senate Homeland Security Appropriations Subcommittee.
"Pre-empting state laws, like those on New Jersey's books, will only make our people less safe," he added. "I will take every step to ensure that doesn't happen."

Lautenberg plans to team up with Senator Barack Obama on the issue, as they have done in the past, but for now, the issue is up to the states.

According to the new DHS rules, if states have problems with changes in regulations, they can always appeal them -- to the DHS. That's right: the only recourse the states have to improve their chemical security is to go through the department that weakened it in the first place.

Heckuva job.

JRB :: New DHS Rules Gut Chemical Facility Security

Tags: Barack Obama, Joe Lieberman, Susan Collins, Frank Lautenberg, department of homeland security, chemical plants, (All Tags)

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New DHS Rules Gut Chemical Facility Security | 5 comments

how profetic.... (0.00 / 0)

...that the day this story broke the day of that there is this explosion in Missouri complete with "a 100 foot fireball in the sky" to punctuate the point.

activist for hire.

by: Jay Lassiter @ Wed Feb 07, 2007 at 21:29:45 PM UTC

by: you @ soon

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These Chemical Plants... (0.00 / 0)

Are largely part and parcel of the petroleum industry. We know who serves whom in the relationship between this maladministration and the industry.

Is it time for pitchforks and torches yet?

The nom de plume has a long and distinguished history.

by: Tandalayo Scheisskopf @ Wed Feb 07, 2007 at 22:33:07 PM UTC

by: you @ soon

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I Think Garrett Would More Terrified of... (0.00 / 0)

having 10,000 new voters registered in the 5th District.

The petrochemical industry has the moral standing of a professional hit man. They both profit at the cost of human life diminished and destroyed.

by: Nick Lento @ Wed Feb 07, 2007 at 22:45:49 PM UTC

[ Parent ]

As I Recall, Senator Jon Corzine Introduced Legislation... (0.00 / 0)

...way back in 2002 that had the effect of increasing safety and security in the Chemical plants across the nation.

Given the immediate aftermath of 9-11 and the national impetus to DO something to enhance our sayety the bill passed in committee by a unanimous vote.

When the chemical industry got wind of the news they intervened and there was a new vote; across straigt party lines that defeated the measure.

I remember hearing Corzine complain bitterly about this at the time.

When Corzine was running for governor I had the chance to ask him in person about this incident and suggested to him that he make a big stink/issue about it in the gubernatorial campiain.

Corzine knew exactly waht I was referring to and I distinctly recall that the phrase "pay to play" was used in his brief answer.

These corporations value their own profits more than they value human life; period. They "have their way" with the American body politic because they "pay to play".

The status quo is nothing less than evil...and we who live in the north Jersey region are in line to inhale all the toxins should these plants ever blow up in flames.

I guess the companies that own these plants must have it all "covered" by good insurance policies, eh?

Let's hope the Lautenberg legislation includes everything that Corzine was proposing, and more.

by: Nick Lento @ Wed Feb 07, 2007 at 22:39:29 PM UTC

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All of a sudden we seem to be hearing a lot from Lautenberg. (0.00 / 0)

Could it be, there's an election coming up??? Why does it take an election? Where has he been for the past 3 and 1/2 years?

by: krose @ Fri Feb 09, 2007 at 07:02:15 AM UTC

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New DHS Rules Gut Chemical Facility Security | 5 comments