Speaking last week at the Chemical Sector Security Summit in Baltimore Department of Homeland Security (DHS) Secretary Napolitano lauded progress made by partnerships forged between government and the private sector in ensuring chemical plant security, citing in particular the efficacy of “flexible, practical and collaborative programs such as DHS' National Infrastructure Protection Plan, the Chemical Sector Coordinating Council and, especially, the Chemical Facility Anti-Terrorism Standards (CFATS)."

Secretary Napolitano highlighted DHS’s evolving and multi-faceted role in combating chemical security threats through both regulatory and voluntary programs involving multiple agencies and missions within the Department.

“The Coast Guard,” she explained, “has significant regulatory authority over chemical facilities along ports and waterways as part of the Maritime Transportation Security Act while the Transportation Security Administration works with industry partners to protect hazardous chemicals transported by rail and pipelines.”

Additionally, she said, “to ensure the security of citizens throughout the nation, US Customs and Border Protection screens cargo at our land and sea ports of entry to prevent chemical and radiological threats from entering the country, while the National Protection and Programs Directorate's Office of Infrastructure Protection works directly with the chemical sector to ensure compliance with CFATS, and with the Chemical Sector Coordinating Council on a variety of voluntary security initiatives.”

Going forward Secretary Napolitano added, cybersecurity, in addition to physical security measures, would emerge as a key part of any critical infrastructure security strategy.

Napolitano’s remarks came only a week after DHS began a major offensive on enforcement of CFATS against chemical companies failing to conform with the its security regulations, established by DHS in 2007.

In late June DHS sent 18 chemical companies orders to complete site-security plans for their facilities within 10 days.

CFATS regulations mandate that private companies must make a full inventory assessing their potential vulnerabilities. Companies found to be at highest-risk then are required to develop site-security plans and take other protective measures, after which they are periodically audited by DHS.

Since the creation of CFATS DHS has received site security plans from over one thousand companies.

Lawrence Sloan, President & CEO of The Society of Chemical Manufacturers & Affiliates, echoed Napolitano’s sentiments favoring partnership over adversial relations between government and industry.

“To succeed, the Department and industry need to maintain a healthy relationship built on collaboration,” Sloan said. “Before there was regulation, there was a partnership. The summit is a successful example of partnerships made possible by the National Infrastructure Protection Plan. Without the foresight provided in Homeland Security Presidential Directive Seven, this public-private collaboration may never have happened.”

“ Secretary Napolitano deserves high praise for making collaboration on critical infrastructure protection a top priority and among her very first Action Directives,” he added. “Without question, Madam Secretary, your commitment to this directive is witnessed by DHS’s Chemical Sector Specific Agency carrying out the spirit of H.S.P.D.-7. It only makes sense that, because DHS and industry are jointly responsible for securing the chemical sector, we recognize that we both have a stake in ensuring success in what we do.”

Two different bills advancing chemical security standards are currently being considered by Congress.

One bill (HR 2868), sponsored by Homeland Security Chairman Bennie Thompson, D-Miss., would require companies that deal with potentially dangerous chemicals to adopt "inherently safer technologies," or measures meant to make their facilities less dangerous. House Democrats largely support the measure.

The other bill (S 2996), sponsored by Senate Homeland Security and Governmental Affairs Committee ranking Republican Susan Collins, of Maine, would reauthorize the current regulations, and be less stringent in its requirements regarding the investment in safer technologies, on the premise that inclusion of the safer-technologies provision in the House bill would hurt industry’s global competitiveness.