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Friday, May 25, 2007

Preemption Concerns Remain on Chem Security Rules

Yesterday, Congress missed an opportunity to restore states' ability to impose standards stricter than federal standards on chemical plant security.

As OMB Watch reported in April, the Department of Homeland Security finalized interim regulations for instituting security performance standards at high-risk chemical facilities. The regulations fail to protect the public on a number of fronts.

Of particular concern is a controversial provision which allows DHS to preempt state rules. Although the DHS rules are temporary, and many states' rules are permanent, DHS could essentially terminate state programs. As OMB Watch and Public Citizen said in comments on the rules, "DHS's chemical security regulations should be viewed as a floor, not a ceiling."

Yesterday, the House and the Senate passed legislation to provide supplemental funding for the war in Iraq. The bill had included language which would have fixed the preemption problem. However, Congressional leaders stripped the language at the behest of the National Association of Manufacturers, according to The New York Times.

Ultimately, America needs comprehensive chemical security legislation that will force DHS to implement strong standards and prevent it from getting in the way of the states. When it comes time for Congress to act, let's hope lawmakers don't once again bow to the wishes of industry.