Democrats Back Inherently Safer Technology

Senate Democrats led by Sens. Frank R. Lautenberg of New Jersey, Barack Obama of Illinois, and Robert Menendez of New Jersey have introduced a chemical plant security bill, S. 2486, that would mandate that chemical companies use inherently safer technology (IST) whenever possible. Contentious debate over such a requirement calling for the use of safer chemicals or processes has stalled legislation over the past four years.

A bill introduced earlier by Sens. Susan M. Collins (R-Maine) and Joseph I. Lieberman (D-Conn.), respectively chairwoman and ranking member of the Senate Homeland Security & Governmental Affairs Committee, contains no provision for IST. Lieberman, however, has signaled his intention to offer such an amendment when their bill, S. 2145, is marked up in committee.

IST is not part of legislation the Bush Administration would like to see enacted. Such legislation was outlined by Secretary of Homeland Security Michael Chertoff at a chemical industry seminar on March 21 (C&EN, March 27, page 7).

Unlike the Administration's proposal, S. 2486, the Chemical Security & Safety Act, would allow states to adopt stronger protections than federal law. This flies in the face of industry's call for "a level playing field" or federal preemption of state laws, which Chertoff supported.

S. 2486 would also require that facilities beef up security by, among other things, improving barriers, containment and mitigation, and safety training. It also directs the Department of Homeland Security to work with the Environmental Protection Agency and state and local agencies to identify facilities that have "high priority" for oversight.

Sen. Collins applauded the Democrats' call for stronger security at chemical plants. But, she said, "their approach would impose costly, intrusive, and burdensome mandates that take the wrong approach to homeland security."

Reiterating the industry's call for "uniform, federal standards for the entire chemical sector," American Chemistry Council President and CEO Jack N. Gerard said, "It's time to focus on the bipartisan Collins-Lieberman bill to move the process forward."

Sen. James M. Inhofe (R-Okla.), chairman of the Environment & Public Works Committee, panned the inclusion of IST in the Democrats' bill. He believes IST is a solution for environmental protection, "not a solution for improving security."