Expands Worker Involvement in Security Assessment,
Advances Use of Inherently Safer Technology
(TRENTON) – Acting Governor Richard J. Codey today announced that New Jersey is the first state in the nation to require enforceable plant security practices for its 140 chemical facilities to provide the public and workers greater protection from potential terrorist acts.
“Certain New Jersey industries are more vulnerable to domestic threats,” said Acting Governor Richard J. Codey. “We must explore any measure – including the possibility of using inherently safer technology – to better protect us from uncertainty. We will work with New Jersey businesses to ensure that this initiative improves security and emergency response plans at each chemical facility.”
The new requirements continue facility-by-facility security assessments to evaluate potential security threats and vulnerabilities and likely consequences of a chemical release. Of the 140 facilities that must comply with the standards, 43 are subject to the state's Toxic Catastrophe Prevention Act (TCPA) program. As part of the new requirements, these 43 facilities must review the potential for adopting inherently safer technology as part of their assessment.
“New Jersey’s newly mandated chemical security standards are the first in the nation for facilities that handle extraordinary hazardous substances,” said Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell. “We fully recognize that we must strengthen the protection of our communities from the risk of catastrophic accidents at chemical plants caused by either a natural occurrence or a terrorist attack.”
“Since its inception in 2001, the Domestic Security Preparedness Task Force has been working to ensure that security is enhanced in the chemical sector,” said Attorney General Peter C. Harvey, who also serves as Task Force chair. “The Task Force’s endorsement of DEP’s upgraded chemical security standards is just the latest step in an ongoing process to increase protection for this vital industry and our citizens.”
Senators Steve Sweeney (D-Gloucester, Cumberland and Salem) and Barbara Buono (D-Middlesex) sponsored Bill S588 that amended the “Toxic Catastrophe Prevention Act.”
“Over the past few years, security measures have been revamped in nearly every area of life, including ports, air travel, government buildings - chemical plants should be treated no differently,” said Senator Sweeney. “New Jersey is home to 140 major chemical facilities - facilities that, in terroristic situations, could possibly be used as weapons. It is imperative that we toughen the plant access requirements, as well as the penalties for criminal trespassing to help protect New Jerseyans from terrorist attacks.”
“In the post-September 11th world, the role of government in protecting its people has never been more important,” said Senator Buono. “In New Jersey, the chemical industry is a boon to the economy, but, we would be foolish not to recognize the increased danger posed to the residents of the Garden State by the substantial presence of chemical plants. This policy directive requires chemical plants to maintain a plan of action against terrorist attacks, to protect our citizens from a potential worst case scenario.”
In 2003, the New Jersey Domestic Security Preparedness Task Force approved best security practices that were built upon the security code of the American Chemistry Council’s responsible care program and the American Petroleum Institute’s security guidelines, respectively. The best practices were developed by the Task Force and its Infrastructure Advisory Committee, which includes representatives of the state’s chemical and petroleum industry. Many New Jersey-based facilities have voluntarily begun to implement these practices. Today’s action clarifies that the best practices for chemical facilities are now mandatory.
The 43 chemical facilities in the TCPA program must analyze and report the feasibility of: reducing the amount of material that potentially may be released; substituting less hazardous materials; using materials in the least hazardous process conditions or form; and, designing equipment and processes to minimize the potential for equipment failure and human error.
Best practices included provisions for the facilities to prepare an emergency incident prevention, preparedness and response plan and outline the status of implementing other security practices. The state standards also now require worker participation in the development of the security assessments and prevention and response plans at each facility.
Under the new requirements, chemical facilities have 120 days to develop an assessment of facility vulnerabilities and hazards that might be exploited by potential terrorists. The assessments must include a critical review of:
· security systems and access to the facility grounds (including the regular testing and maintenance of security systems);
· existing or needed security measures outside the perimeter of the facility that would reduce vulnerabilities to an attack on the facility;
· storage and processing of potentially hazardous materials;
· employee and contractor background checks and other personnel security measures; and,
· information and cyber security;
In addition to the above – in a separate action – DEP will hold two hearings to take comment and establish a public record on best security practices adopted in 2003 for chemical and petroleum facilities. The public is invited to comment on areas where the best practices can be strengthened.
The first public hearing will be held at 10 a.m. Thursday, December 1 in DEP’s public Hearing Room in Trenton. Written comments on the security best practices for the chemical sector will be accepted through January 5, 2006.
A second public hearing on New Jersey’s security best practices for the petroleum sector will be held at 10 a.m. Thursday, January 12, 2006. Written comments on the security best practices for the petroleum sector will be accepted through February 13, 2006.
