Natural Resources Committee Home

March 22, 2007

Dear Chairman Byrd, Senator Cochran, Chairman Obey, and Representative Lewis:

On behalf of the nation's governors, we urge you to take immediate action to preserve states' ability to protect their citizens from the threat and consequences of terrorism at chemical facilities.

The U.S. Department of Homeland Security (DHS) plans to finalize interim chemical security regulations in the next few weeks that would explicitly preempt states from implementing programs that are more stringent than federal standards. As you know, however, no two states are exactly alike. The risks posed by every facility present unique challenges based on location, population, and other factors. Security standards that are appropriate to safeguard a facility in a rural area may not be sufficient to secure a facility located in a densely populated or heavily trafficked area. The one-size-fits-all solution proposed by DHS would not allow governors the flexibility to establish the extra protection appropriate for certain high-risk facilities.

As governors, it is our duty to protect the citizens of our states. State and local governments have primary responsibility for zoning, housing chemical facilities, and regulating their operations. It is critical that states retain their authority to supplement the federal chemical security program with additional security protections deemed necessary by the state.

We urge you to support efforts to enhance, not undermine states' ability to protect our citizens and infrastructure. We look forward to working with you to ensure that goal.

Sincerely,