The Department of Justice (DOJ) has failed to produce a congressionally mandated report on the methods used for assessing vulnerability of chemical plants to terrorist activity. The report, which was to have been completed by December 21, 2001, was required under the “Chemical Safety Information, Site Security and Fuels Regulatory Relief Act of 1999” (CSISSFRRA). DOJ also failed to complete an earlier, interim report, which was to have been published in August 2000.
CSISSFRRA directs industrial facilities to file risk management plans (RMPs) with the Environmental Protection Agency (EPA) in June of each year. Included in the RMP reports is an estimate of how many people living near a facility may be affected by a massive chemical spill, including projections of property damage, injury, and death. These reports are referred to as “off-site consequence analyses” (OCA). Over 15,000 chemical facilities are required to file RMPs.
EPA and DOJ did not meet a deadline to publish regulations implementing CSISSFRRA, the delay in releasing these two reports has raised eyebrows on Capitol Hill, particularly in the aftermath of the September 11th terrorist attacks. However, the federal government is taking steps to restrict public access to the sensitive information contained in the OCAs.
DOJ asked the Department of Energy’s Sandia laboratories to provide a template that chemical companies could use to determine potential security vulnerabilities within a facility. Sources say that the Bush Administration has delayed publication of the DOJ methods analysis because security industry interests have complained that the methodologies laid out by Sandia are too cumbersome, and would delay any meaningful vulnerability review.
The American Chemistry Council (ACC) is reviewing the Sandia draft and is looking into developing an alternative methodology. ACC already has provided part of the funding for the DOJ report.
EPA has suggested that all chemical facilities review the physical security of their plants during this period of heightened awareness against terrorist threats. EPA’s Office of Chemical Emergency Preparedness and Prevention (CEPPO) urges all chemical facilities and transporters to review the Agency’s “Chemical Safety Alert” published in February 2000. The document is available on the internet at http://www.epa.gov/ceppo/pubs/secale.pdf .
ACC also has made site security information available on its website at http://www.americanchemistry.com/cmawebsite.nsf/s?readform&nnar-53rkt8 .
