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NACD Releases Statement on New Secure Chemical Facilities Act

In response to the introduction of S. 3599, the Secure Chemical Facilities Act, National Association of Chemical Distributors (NACD) released the following statement.

"NACD has grave concerns about S. 3599, the Secure Chemical Facilities Act, introduced yesterday by Senator Frank Lautenberg (D-NJ). Like the House-passed bill, H.R. 2868, the Senator's legislation would create a much more prescriptive system than the current CFATS regulations. NACD is particularly concerned about the mandate that all covered facilities conduct an assessment of 'methods to reduce the consequences of a terrorist attack,' otherwise known as inherently safer technologies (IST). These assessments would be costly and inappropriate for distributors as these companies generally store, repackage, and transport, rather than manufacture, chemicals. For most facilities, an IST assessment would likely produce limited options that would not justify the cost and effort of the exercise itself.

"NACD strongly supports the bipartisan bill, S. 2996, introduced earlier this year by Senators Susan Collins (R-ME), Mary Landrieu (D-LA), Mark Pryor (D-AR), and George Voinovich (R-OH). This common sense legislation would extend the current CFATS program for an additional five years, which would give the Department of Homeland Security time to fully implement and evaluate the effectiveness of these significant new regulations. Under CFATS, facilities have already invested substantial resources into conducting security vulnerability assessments and developing site security plans. Because of these efforts, real security measures are being implemented at facilities around the nation. Legislation such as H.R. 2868 or S. 3599, Senator Lautenberg's bill, would disrupt the good progress being made. NACD will urge the members of the Homeland Security and Governmental Affairs Committee and the Senate to adopt S. 2996 as introduced."

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