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AcuSafe Feature: Chemical Safety Act

The proposed Chemical Security Act of 2001 states that there are significant opportunities to prevent theft from, and criminal attack on, chemical sources and reduce the harm that such acts would produce by: 

• reducing usage and storage of chemicals by changing production methods and processes; and 
• employing inherently safer technologies in the manufacture, transport, and use of chemicals; 
• enhancing secondary containment and other existing mitigation measures; improving security.

The Act prescribes the following:

• Directs the Administrator of the Environmental Protection Agency to promulgate regulations to: (1) designate certain combinations of chemical sources and substances of concern as high priority categories based on the severity of the threat posed by an accidental or criminal release of such substance; and (2) require each owner and operator of a high priority category chemical source to take specified actions to prevent, control, and minimize the potential consequences of such a release. 
• Declares that each such owner and operator has a general duty to: (1) identify hazards that may result from an accidental or criminal release; (2) ensure safer design and maintenance of that source; and (3) minimize the consequences of any such release. 
• Grants authority to the Administrator or the Attorney General to: (1) secure necessary relief to abate imminent and substantial endangerments to the public health or welfare or the environment because of a potential release or to issue orders necessary to protect the public; (2) require persons believed to have information relating to a potential release, or persons subject to any Act requirement, to establish and maintain records, make reports, and provide information; and (3) enter the premises and have access to records and required information of such an owner or operator. 
• Provides for: (1) public availability of records and information obtained, with exceptions for national security and trade secrets; and (2) civil and criminal penalties.