Natural Resources Committee Home

November 6, 2009

Dear Speaker Pelosi and Representative Boehner:

On behalf of the nation's governors, we urge you to ensure that any chemical security provisions that Congress considers clearly affirm states' ability to enact and maintain stronger protections.

The Chemical Facility Anti-Terrorism Act of 2009, H.R. 2868, would expand the Department of Homeland Security's authority to regulate security at chemical-handling facilities and authorize the Environmental Protection Agency to regulate chemical security at wastewater and drinking water plants.

However, the bill rightfully clarifies that chemical facility antiterrorism standards represent a floor, not a ceiling, for regulations and that states and localities may enact more stringent rules. The bill recognizes that no two states are exactly alike and 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 traveled area. Similarly, it would be unwise to force states that have lower risk facilities to adopt more rigorous standards designed for densely populated areas.

As Governors, it is our duty to protect the citizens of our states. State and local governments have primary responsibility for zoning and siting chemical facilities, as well as regulating their operations. Clearly, one size does not fit all. Governors must maintain the flexibility to establish extra protection when appropriate for certain high-risk facilities.

Should Congress enact a reauthorization of the Chemical Facility Anti-Terrorism Act, it is critical that states retain their authority to supplement the federal chemical security program with additional security protections deemed necessary by the state as long as such requirements do not directly conflict with the federal law.

Federal legislation should enhance, not undermine, states' ability to protect our citizens and infrastructure, and we look forward to working with you to ensure that goal.

Sincerely,