[Congressional Record Volume 155, Number 165 (Friday, November 6, 2009)]
[Extensions of Remarks]
[Page E2733]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              CHEMICAL FACILITY ANTI-TERRORISM ACT OF 2009

                                 ______
                                 

                               speech of

                     HON. STEPHANIE HERSETH SANDLIN

                            of south dakota

                    in the house of representatives

                       Thursday, November 5, 2009

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 2868) to 
     amend the Homeland Security Act of 2002 to extend, modify, 
     and recodify the authority of the Secretary of Homeland 
     Security to enhance security and protect against acts of 
     terrorism against chemical facilities, and for other 
     purposes:

  Ms. HERSETH SANDLIN. Mr. Chair, today the House is considering H.R. 
2868, the Chemical and Water Security Act of 2009. Chemical and water 
security is essential and of course we must take every sensible step to 
support the establishment of adequate security programs for drinking 
water and wastewater facilities and a continuation of efforts to 
properly improve security measures and risks related to chemical 
facilities.
  However, I have heard serious concerns from agricultural retailers 
and farm groups in South Dakota about the potential implications of 
this legislation and am concerned that it is being rushed through the 
House. Specifically, these constituents are concerned about the 
inclusion of Inherently Safer Technology (IST) requirements, which will 
affect products important to agriculture in our state such as anhydrous 
ammonia fertilizer. Anhydrous ammonia fertilizer is a widely-used and 
essential lower-cost source of plant nutrients on which many farmers in 
South Dakota rely. The South Dakota Agribusiness Association has 
informed my office that, while the bill does not require smaller Tier 3 
and 4 facilities to switch to a safer product or process, in the face 
of higher regulatory costs and increased liability concerns, these 
facilities may well opt to stop handling this product. While there are 
replacement fertilizers that could be substituted for anhydrous 
ammonia, the South Dakota Agribusiness Association anticipates that the 
cost per acre would increase for farmers as more product application 
would be needed to obtain the same nitrogen levels needed for certain 
leading crops, like corn. Farmers in South Dakota are already 
struggling with increased input costs and I believe we should not rush 
to put in place new rules that could further raise these costs.
  This is especially true, where, as here, the U.S. Department of 
Homeland Security (DHS) is currently engaged in implementing Chemical 
Facility Anti-Terrorism Standards (CFATS), which were authorized as 
part of the Homeland Security Appropriations Act of 2007, which I 
supported. The crop-related chemical facilities have been working 
cooperatively with DHS throughout the CFATS process to establish 
appropriate risk-based standards and ensure compliance. This rulemaking 
process is not yet complete and I would prefer to allow the Department 
time to implement CFATS so we can more fully assess the effectiveness 
of current regulation before authorizing further significant changes to 
the program. In addition, during testimony before the Committees on 
Homeland Security and Energy and Commerce, Administration officials 
expressed concern over whether DHS had the necessary resources and 
expertise to properly administer IST requirements. Such uncertainty 
over a critical section of the proposed regulations further supports 
the view that it is more appropriate to allow the current regulatory 
process to continue.
  At this point there is no companion authorization bill in the Senate. 
However, as the legislative process continues to move forward, I will 
continue to work with my colleagues in the House and Senate toward a 
bill that achieves the goal of properly protecting our citizens, in 
South Dakota and across the country, from risks posed by accidents or 
terrorist attacks on chemical, drinking water and wastewater 
facilities, and ensures that agricultural and other businesses will be 
protected from overly burdensome regulations. Thank you.

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