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FIGHTING FOR LIFE ASSOCIATION • CFATS REAUTHORISATION HAS BEEN TOP OF THE AGENDA AT NACD BUT THE ARRIVAL OF THE CORONAVIRUS IN NORTH AMERICA HAS PUT ANOTHER ISSUE IN ITS MINDS FOR THE NATIONAL Association of Chemical Distributors (NACD), 2020 was turning into a year when it was throwing its weight behind the need – as it saw it – to pass the reauthorisation bill to allow the Chemical Facility Anti-Terrorism Standards (CFATS) programme to continue beyond its anticipated expiry on 18 April. Indeed, NACD was highly critical of the inability of Congress to achieve a consensus on reauthorisation, prompted not least by the current US Administration’s antipathy to what it sees as regulation that imposes a burden on industry. However, the chemical distribution industry sees CFATS very differently.
Speaking in late February, NACD president/ CEO Eric R Byer had this to say: “NACD is disappointed in Congress’s failure so far to reauthorise the CFATS program administered by the US Department of Homeland Security (DHS), which is vital to ensuring the chemical industry and regulators work together to keep our nation’s chemical facilities secured against potential acts of terrorism. “Congress overwhelmingly approved the program’s continuation and funding in January 2019 for an additional 15 months to provide lawmakers further time to work on a long-term reauthorisation,” Byer continued. “Unfortunately, certain lawmakers are acting as a roadblock to that reauthorisation. To be clear, now is not the time for policymakers to play games with our nation’s chemical security.”
NACD PRESIDENT ERIC R BYER: “NOW IS NOT THE TIME TO PLAY GAMES WITH OUR NATION’S CHEMICAL SECURITY”
INCHING FORWARD In the event, just two weeks later the US House of Representatives passed HR 6160, which aims to extend the current CFATS programme by 18 months, with the aim of providing time for lawmakers to formulate a longer-term reauthorisation approach. The bill was brought to the House by a bipartisan group of Representatives. In the wake of that move, Byer said: “We now urge Senate Majority Leader Mitch McConnell and Senate Minority Leader Chuck Schumer to bring HR 6160 to the Senate floor for swift passage and send it to President Trump for his signature to make sure that our nation’s chemical industry infrastructure remains secure.” A major problem in terms of CFATS reauthorisation is the White House budget proposals, issued in early February, which
HCB MONTHLY | APRIL 2020
seek to eliminate funding for the CFATS programme. Byer said at the time: “while NACD fully supports the administration’s deregulatory agenda for duplicative and burdensome red tape, it is concerning the president’s budget request also proposes the elimination of important bipartisan and industry-supported regulations like CFATS and the independent agency the US Chemical Safety and Hazard Investigation Board (CSB). The president’s proposal would remove this important federal agency from the incident investigations process and cut valuable resources that CSB develops for the chemical industry to improve their operational safety. “Lastly,” Byer added, “it is time for Congress to finally coalesce around a long-term infrastructure program. The president’s budget helps move that process forward, but a more serious effort on the part of Congress is needed to rebuild our nation’s crumbling roads and bridges and put the United States on a solid foundation to ensure a vibrant economy for years to come. In the coming months, we look forward to working with Congress to make sure that all of these important measures are funded to ensure the safety, security, and economic strength of the chemical distribution industry remain top priorities for the federal government.” HERE COMES THE VIRUS All of the above took place just before the Covid-19 coronavirus epidemic really struck home in North America. By 18 March, Eric R Byer felt the need to send a letter to President Trump and to all 50 US governors, urging them to keep chemical distribution operations open because of the industry’s crucial role in ensuring the well-being of both citizens and businesses across the country. “Chemical distributors play a vital role in the US economy, delivering products to more than 750,000 customers across the country,” Byer said. “Many of these customers are in industries critical to public health, such as food, personal care, pharmaceuticals, soaps and detergents, water treatment, and more. As cities and states across the nation