Hearing of the Cybersecurity, Infrastructure Protection, and Security Technologies Subcommittee of the House Homeland Security Committee - West Fertilizer, Off the Grid: The Problem of Unidentified Chemical Facilities

Hearing

Congressman Patrick Meehan (PA-07), Chairman of the Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies, today held a hearing on chemical facilities like the one involved in the West, Texas explosion that tragically killed at least 14 people. Specifically, the hearing focused on the fact that the Department of Homeland Security (DHS) was not aware that this facility existed, as well as thousands of others just like it. Meehan expressed concern about the facilities across the country like West Fertilizer that store or handle threshold quantities of high-risk chemicals that have gone under the radar at DHS.

Shortly after the Texas explosion, Meehan and Homeland Security Committee Chairman Michael McCaul wrote to DHS Secretary Napolitano asking for an explanation of the problem of identifying outliers, and specifically pointed to the lack of interagency cooperation.

Today the Administration responded by issuing an Executive Order calling on federal agencies to review safety rules at chemical facilities, and to share information on outliers with the Department of Homeland Security.

Below is Chairman Meehan's opening statement as prepared for delivery.

Welcome everyone to today's hearing titled, "West Fertilizer, Off the Grid: The Problem of Unidentified Chemical Facilities." The April 17, 2013 explosion at the West Fertilizer Plant in West, TX was most likely not the result of terrorist activity or foul play. Therefore, the Chemical Facility Anti-Terrorism Standards, or CFATS program was not directly implicated. But the tragic incident did reveal a disturbing fact about the CFATS program: there are literally thousands of facilities across the country that store or handle threshold quantities of high-risk chemicals that have gone under the radar at the Department of Homeland Security.

While today's hearing will focus on these "outlier" facilities, we should take a moment to remember the victims of this terrible tragedy, including the brave first responders who sacrificed their lives to save others:

Morris Bridges

Perry Calvin

Jerry Chapman

Cody Dragoo

Kenneth Harris

Jimmy Matus

Judith Monroe

Joseph Pusteivosky

Cyrus Reed

Mariano Saldivar

Kevin Sanders

Douglas Snokhous

Robert Snokhous

Buck Uptmor

I thank the witnesses for joining us today and offering their testimonies.

While West, Texas is the backdrop for today's hearing, the overarching mission is to identify the reasons for the Department's lack of awareness of these outlying facilities.

West Fertilizer stored large amounts of anhydrous ammonia and ammonium nitrate. Both chemicals have been identified as "high risk" under the Department of Homeland Security, the Environmental Protection Agency, and the Occupational Safety and Health Administration.

It was very discouraging to learn that although DHS is supposed to be securing facilities that store these chemicals, not only was the plant not registered with the Department's CFATS program, but they didn't even know of the plant's existence.

We must understand what the Department is doing to correct this serious shortcoming. I was encouraged to see that just this morning, the White House announced that they are taking this issue seriously and that the Administration will be encouraging agencies to share information and provide greater transparency. I am looking forward to further reviewing the Executive Order, and look to our witnesses today to understand the current and potential information-sharing environment among Federal agencies overseeing chemical facilities, and the state agencies that implement CFATS.

The deficiencies brought to light by the West explosion have the potential to seriously limit CFATS' mission of securing America's chemical infrastructure.

Shortly after the explosion, Chairman McCaul and I sent a letter to Secretary Napolitano asking for an explanation of the problem of identifying outliers, and specifically pointed to the lack of interagency cooperation. I am pleased that the Department took these concerns to heart when they crafted the Executive Order, and I hope today we will be able to receive a more in depth understanding of these shortcomings.

The disaster at West illustrates the level of harm that our communities can suffer when something at even a small facility holding hazardous chemicals goes wrong. Whether the harm is intentional or the result of an accident, the effects are devastating. And that's why it is so important that these outliers are accounted for.

I appreciate the Members of the subcommittee and our two witness panels recognizing the solemnity of this tragic situation, which killed fourteen people. With the victims in mind, I look forward to hearing your testimonies.

Source