A US Senate bill that aims to keep fuel out of the hands of terrorists could make criminals out of the victims, according to the Petroleum Marketers Association of America.
The US Environmental Protection Agency and the Department of Justice would have expanded authority to intervene when there is a serious security threat targeting chemicals under the legislation introduced by Sens. Jon Corzine (D-NJ), Hillary Clinton (D-NY), Barbara Boxer (D-Calif.), and James Jeffords (I-VT.).
The Chemical Security Act of 2001, S 1602, would require those agencies to develop regulations that define priority sites and assure that basic security precautions are taken, including limiting inventories stored on site.
Hearings held
Boxer, chairman of the Senate Subcommittee on Superfund, Toxics, Risk, and Waste Management, held a Nov. 14 hearing on S 1602. She said the bill is not an indictment of industry.
"I understand the value of chemicals in our society. We are not here today to question whether we need chemicals." Boxer said. "What we need to do is protect those chemicals, especially the very hazardous ones, from terrorist threats. "We do not have the luxury of time. We need to get ahead of these threats. We need to act. Industry frequently resists additional regulation, but I hope we can keep our eye on the ball."
Boxer's intentions are admirable, PMAA says. Nevertheless, the bill unfairly criminalizes marketers and other innocent parties if terrorists are able to get petroleum products. The bill explicitly outlines petroleum as one of the substances covered and allows both civil ($25,000) and criminal penalties ($2,500-25,000/day) in the event that a criminal act is committed, PMAA notes.
The American Petroleum Institute also has weighed in.
They say the "overly broad" bill, if passed, will misdirect critical resources that should be applied to real security risk-reduction activities.
"It would not improve the safety or the security of our nation's energy supply or the welfare of our citizens," API said.
Oil and gas production facilities, pipelines, refineries, bulk terminals and storage facilities, service stations, and all other installations that produce, refine, process, transport, store, or handle crude oil and petroleum products or chemicals are covered by S 1602. In addition to stationary sources, the bill covers containers, vessels, tank trucks, rail tank cars, and marine vessels.
Administration response
PMAA says some lawmakers have embraced an industry alternative that will be discussed at a future hearing or committee markup early next year. It would offer industries tax credits or other incentives for implementing security plans and installing security devices.
Meanwhile, stakeholders on both sides of the issue want to hear from President George W. Bush. A bipartisan group of senators criticized EPA and DOJ for not attending recent hearings.
Both agencies said they are already working to strengthen security at refineries and other key infrastructures. Nevertheless, the White House needs to weigh in on S 1602 now or risk wasting more valuable time later.
