UNITED STEELWORKERS ● UNITED AUTO WORKERS
INTERNATIONAL CHEMICAL WORKERS UNION COUNCIL/UFCW
COMMUNICATIONS WORKERS OF AMERICA
NEW YORK COMMITTEE FOR OCCUPATIONAL SAFETY AND HEALTH
ENVIRONMENTAL DEFENSE ● NATIONAL ENVIRONMENTAL TRUST SIERRA CLUB ● CLEAN WATER ACTION ● OMB WATCH
U.S. PUBLIC INTEREST RESEARCH GROUP ● GREENPEACE
CENTER FOR HEALTH, ENVIRONMENT AND JUSTICE
N. J. WORK ENVIRONMENT COUNCIL ● EVIRONMENT ILLINOIS
CITIZENS ENVIRONMENTAL COALITION ● PUBLIC CITIZEN
BEYOND PESTICIDES ● CHEMICAL WEAPONS WORKING GROUP
ENVIRONMENTAL HEALTH STRATEGY CENTER
ENVIRONMENTAL HEALTH FUND ● ENVIRONMENT CALIFORNIA
INSTITUE FOR AGRICULTURE AND TRADE POLICY ● WORKSAFE!
WASHINGTON TOXICS COALITION ● ECOLOGY CENTER COMMONWEALTH ● CLEAN WATER ACTION ALLIANCE OF MN
OREGON ENVIRONMENTAL COUNCIL ● CT CLEAN WATER ACTION
ALASKA COMMUNITY ACTION ON TOXICS ● WESTERN MASSCOSH
WOMEN’S VOICES FOR THE EARTH ● JUST TRANSITION ALLIANCE
WE ACT FOR ENVIRONMENTAL JUSTICE
CONNECTICUT COALITION FOR ENVIRONMENTAL JUSTISCE
July 18, 2006
Dear Representative,
During the week of July 24th the House Homeland Security is likely to hold a full Committee mark up of chemical security legislation (H.R. 5695). Security experts and numerous federal agencies, including the Department of Homeland Security (DHS) and the U.S. Army Surgeon General, have repeatedly warned of the vulnerability of U.S. chemical facilities to terrorism. Congressional action to address the preventable hazards these plants pose to millions of workers, firefighters, police officers, and residents in surrounding communities is long overdue.
To provide adequate protection from catastrophic terrorist attacks on U.S. chemical plants we urge you to support strengthening amendments to H.R. 5695 below:
Support Representative Langevin’s amendment to protect State’s rights. A fatal flaw in H.R. 5695 would block stronger state and local government programs. A national standard must be a floor, not a ceiling, to ensure a minimum level of safety and security across the country. Legislation that prevents states or localities from enacting their own, tailored chemical security programs should be opposed. In a July 11th letter to the Subcommittee, Governor Jon Corzine (D-NJ) said, "Paradoxically, enactment of this legislation with the current Section 1807 intact actually could have the effect of weakening chemical security and leaving New Jersey and its neighbors –including New York City—more vulnerable to devastation from a terrorist attack on our chemical facilities." Instead there should be an affirmative savings clause allowing states and localities to set higher standards of protection as was adopted unanimously in the Senate Homeland Security and Governmental Affairs Committee bill (S. 2145) on June 15th.
Support Representative Markey’s amendment to require safer cost-effective practices, where feasible, to eliminate the potential consequences of a terrorist attack at high hazard facilities. Relying on guards, gates, and guns alone will fail to deter a determined terrorist. Even investigative news reporters have been able to gain easy access to more than 80 facilities around the country. H.R. 5695 relies solely on physical security and fails to require the use of proven, cost-effective technologies to neutralize hazards. The good news is that widely available safer technologies allow us to eliminate these risks. Hundreds of water treatment facilities have already stopped using deadly chlorine gas since September 11th. Two thirds of the nation's oil refineries already use safer processes that do not rely on highly toxic hydrofluoric acid, and many other facilities in other industry sectors have switched to safer alternatives. On June 13th, the largest shipper of these substances, the Association of American Railroads told the House Subcommittee on Railroads of the Transportation and Infrastructure Committee that they “strongly support efforts aimed at finding and utilizing 'inherently safer technologies' as substitutes for hazardous materials, especially TIH [toxic inhalation hazards]."
Support amendments to provide meaningful accountability through worker and union participation. Plant security cannot be achieved without the meaningful participation of front line employees who are the most experienced at risk group. They should be formally consulted in the development of security plans. Organized labor has unique institutional expertise and resources on occupational health, safety and training that should also be formally involved in developing security plans.
In addition we urge you to oppose all weakening amendments to H.R. 5695 including:
Oppose open-ended secrecy for facilities not in compliance. The availability of appropriate unclassified information is essential to ensure government accountability and enforceability of effective legislation. Noncompliance with the law should not be rewarded with secrecy for indefinite periods of time.
Oppose amendments to exempt facilities from all new requirements. Duplication of existing federal statutes and voluntary industry programs is unnecessary. However, facilities covered under existing laws such as the Maritime Transportation Security Act and Bio-terrorism Act and voluntary programs should be required to upgrade their security measures to meet all new requirements in H.R. 5695.
We urge you to ensure enactment of effective policies that put homeland security and safety ahead of special interest amendments that will endanger American communities.
Sincerely,
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Holly Hart
Assistant Legislative Director
United Steelworkers International Union
Carol Andress
Policy Analyst
Environmental Defense
Andy Igrejas
Environmental Health Program Director
National Environmental Trust
Ed Hopkins
Director, Environmental Quality Program
Sierra Club
Alex Fidis
Environmental Health Advocate
U.S. Public Interest Research Group
Alan Reuther
Legislative Director
International Union,
United Auto Workers
David LeGrande
Director, Occupational Safety and Health
Communications Workers of America
Sean Moulton
Director, Federal Information Policy
OMB Watch
Lynn Thorp
National Campaigns Coordinator
Clean Water Action
Rick Hind
Legislative Director, Toxics Campaign
Greenpeace
Rick Engler
Director
New Jersey Work Environment Council
Michael Belliveau
Executive Director
Environmental Health Strategy Center
Craig Williams
Director
Chemical Weapons Working Group
Joseph DiGangi
Senior Scientist
Environmental Health Fund
Gregg Small
Executive Director
Washington Toxics Coalition
Charlotte Brody
Executive Director
Commonwealth
Sarah Doll
Program Director
Oregon Environmental Council
Amanda Hawes
Toxics Chair
Worksafe!
Lois Gibbs
Executive Director
Center for Health, Environment and Justice
Kathleen A. Curtis
Executive Director
Citizens Environmental Coalition
John S. Morawetz
Director, Health & Safety Department
International Chemical Workers Union Council/UFCW
Joel Shufro
Executive Director,
New York Committee for
Occupational Safety and Health
Rachel Gibson
Environmental Health Advocate and Staff Attorney
Environment California
Kathleen Schuler
Environmental Scientist
Institute for Agriculture and Trade Policy
Tracey Easthope
Director
Ecology Center
Diane McKeown
Program Director
Clean Water Action Alliance of MN
Sarah Doll
Program Director
Oregon Environmental Council
Pamela K. Miller
Executive Director
Alaska Community Action on Toxics
Amanda Hawes
Toxics Chair
Worksafe!
Cindy Luppi
Organizing Director
CT Clean Water Action
Lee Ketelsen
New England Director
Clean Water Action
Aaron D. Wilson
Executive Director
Western MassCOSH
Jay Feldman
Director
Beyond Pesticides
Alexandra Gorman
Director of Science and Research
Women’s Voices for the Earth
Jose T. Bravo
Executive Director
Just Transition Alliance
Cecil D. Corbin-Mark
Director of Programs
WE ACT for Environmental Justice
Max Muller
Environmental Advocate
Environment Illinois
Mark Mitchell, MD, MPH
Executive Director
Connecticut Coalition for Environmental Justice
Joan Claybrook
President
Public Citizen
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