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,

2

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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