DHS Sets New Rules For Chemical Plants
By CBS News Justice Department correspondent Bob Orr and producer Rob Hendin
The Department of Homeland Security announced the first federal rules setting security standards Monday for 7,000 of the nation's 15,000 chemical plants, with an emphasis on the 300-400 highest-risk plants.
Using a four-tier system, DHS will assess each plant for the type and amount of chemicals present as well as its proximity to large population centers. The most vulnerable, and therefore highest risk plants, will get the most attention and have the most stringent security rules.
Plant access, general security, theft prevention and sabotage prevention will be specifically targeted. Also, for the first time, DHS will require all chemical plant workers to be subject to a standard background check.
For the first time, DHS will also keep a list of chemicals, and their amounts, that are deemed to be harmful. Using that list, DHS will be able to evaluate the security of various companies and facilities.
The rules go into effect in 60 days and chemical plants will have 60 days from then to submit security assessment reviews. DHS will review all the assessments of all plants with the high-risk plants getting more frequent inspections and audits.
Existing state rules are likely to come into conflict with this new system. New Jersey, for instance, is working to toughen the state regulations already on the books. States are worried that the federal regulations will "trump" state rules, even in cases where the state regulations are tougher.
However, DHS says state laws will be allowed to stand, unless they directly contradict the federal regulations. In the end, courts will likely decide the jurisdictional limits.