Acting to strengthen federal chemical security standards and extend the Department of Homeland Security’s authority over chemical plants, U.S. Rep. Bill Pascrell, Jr. (D-NJ-08) voted to approve The Chemical Facility Anti-Terrorism Act of 2009 in the House Homeland Security Committee today.

“The Chemical Facility Anti-Terrorism Act is a critical piece of legislation that I have been working across partisan boundaries to implement for years,” stated Pascrell, a member of the House Committee on Homeland Security.  “New Jersey has led the way and successfully implemented tough chemical security regulations.  Finally the federal government is finally catching up.  Now Congress must act urgently to approve this measure and ensure that the highest standards for chemical security prevail.”  
 
Pascrell was also instrumental in ensuring that New Jersey’s stronger chemical security standards could not be threatened by federal preemption.  The new legislation has clear explicit language protecting the rights of states like New Jersey to propose and maintain higher standards.  Section 2109 on ‘Federal Preemption’ states that: the “title does not preclude or deny any right of any State…to adopt or enforce any regulation, requirement, or standard of performance with respect to a covered chemical facility that is more stringent than a regulation, requirement, or standard of performance issued under this title.”

Rep. Pascrell also worked closely with the New Jersey Department of Environmental Protection (NJDEP) to hold up New Jersey’s inherently safer technology (IST) requirement as a national model for the future of America’s chemical safety apparatus.  Pascrell led the Committee in defeating a number of proposed amendments which would weaken the national IST requirements mandated for tiered facilities within the bill.

“The New Jersey Department of Environmental Protection has visited this committee multiple times to demonstrate how inherently safer technology has created a higher standard for security without weakening business or creating legal issues in New Jersey,” stated Pascrell.  “In fact, we have learned that some New Jersey chemical companies are actually operating more efficiently and saving money as a result of the IST assessment.”    

In addition, Pascrell worked with the New Jersey Department of Homeland Security and Preparedness to add language that would require threat notification requirements to include not only the facilities, but also the State’s Homeland Security Advisor.

"Our information-sharing protocols have already improved significantly in the past few years but will be strengthened even further with this language," said Richard L. Canas, Director of the New Jersey Office of Homeland Security and Preparedness.  "We need to maintain a cohesive and transparent relationship with our private-sector partners."        

“Under no circumstance should our state homeland security agencies, healthcare providers or emergency personnel be left in the dark when a security threat notification is issued to a facility,” stated Pascrell.  “My amendment will give government agencies and other emergency service providers the best chance to prepare for or respond to a potential threat.”

“I applaud the Homeland Security Committee for approving this critical measure and am encouraged by the cooperation that my colleagues on the Energy and Commerce Committee have demonstrated in prioritizing chemical security.  After years of fighting to protect New Jersey’s standards and improve security nationwide, I am confident that Congress will finally act to strengthen protections for America’s chemical facilities,” concluded Pascrell. 

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