[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] THE CHEMICAL FACILITIES ANTI-TERRORISM STANDARDS PROGRAM (CFATS)_A PROGRESS REPORT ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON ENVIRONMENT OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION __________ JUNE 14, 2018 __________ Serial No. 115-138 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Printed for the use of the Committee on Energy and Commerce energycommerce.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 34-591 WASHINGTON : 2019 ----------------------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free).E-mail, [email protected]. COMMITTEE ON ENERGY AND COMMERCE GREG WALDEN, Oregon Chairman JOE BARTON, Texas FRANK PALLONE, Jr., New Jersey Vice Chairman Ranking Member FRED UPTON, Michigan BOBBY L. RUSH, Illinois JOHN SHIMKUS, Illinois ANNA G. ESHOO, California MICHAEL C. BURGESS, Texas ELIOT L. ENGEL, New York MARSHA BLACKBURN, Tennessee GENE GREEN, Texas STEVE SCALISE, Louisiana DIANA DeGETTE, Colorado ROBERT E. LATTA, Ohio MICHAEL F. DOYLE, Pennsylvania CATHY McMORRIS RODGERS, Washington JANICE D. SCHAKOWSKY, Illinois GREGG HARPER, Mississippi G.K. BUTTERFIELD, North Carolina LEONARD LANCE, New Jersey DORIS O. MATSUI, California BRETT GUTHRIE, Kentucky KATHY CASTOR, Florida PETE OLSON, Texas JOHN P. SARBANES, Maryland DAVID B. McKINLEY, West Virginia JERRY McNERNEY, California ADAM KINZINGER, Illinois PETER WELCH, Vermont H. MORGAN GRIFFITH, Virginia BEN RAY LUJAN, New Mexico GUS M. BILIRAKIS, Florida PAUL TONKO, New York BILL JOHNSON, Ohio YVETTE D. CLARKE, New York BILLY LONG, Missouri DAVID LOEBSACK, Iowa LARRY BUCSHON, Indiana KURT SCHRADER, Oregon BILL FLORES, Texas JOSEPH P. KENNEDY, III, SUSAN W. BROOKS, Indiana Massachusetts MARKWAYNE MULLIN, Oklahoma TONY CARDENAS, CaliforniaL RUIZ, RICHARD HUDSON, North Carolina California CHRIS COLLINS, New York SCOTT H. PETERS, California KEVIN CRAMER, North Dakota DEBBIE DINGELL, Michigan TIM WALBERG, Michigan MIMI WALTERS, California RYAN A. COSTELLO, Pennsylvania EARL L. ``BUDDY'' CARTER, Georgia JEFF DUNCAN, South CarolinaSubcommittee on Environment JOHN SHIMKUS, Illinois Chairman DAVID B. McKINLEY, West Virginia PAUL TONKO, New York Vice Chairman Ranking Member JOE BARTON, Texas RAUL RUIZ, California TIM MURPHY, Pennsylvania SCOTT H. PETERS, California MARSHA BLACKBURN, Tennessee GENE GREEN, Texas GREGG HARPER, Mississippi DIANA DeGETTE, Colorado PETE OLSON, Texas JERRY McNERNEY, California BILL JOHNSON, Ohio TONY CARDENAS, California BILL FLORES, Texas DEBBIE DINGELL, Michigan RICHARD HUDSON, North Carolina DORIS O. MATSUI, California KEVIN CRAMER, North Dakota FRANK PALLONE, Jr., New Jersey (ex TIM WALBERG, Michigan officio) EARL L. ``BUDDY'' CARTER, Georgia JEFF DUNCAN, South Carolina GREG WALDEN, Oregon (ex officio) C O N T E N T S ---------- Page Hon. John Shimkus, a Representative in Congress from the State of Illinois, opening statement.................................... 1 Prepared statement........................................... 3 Hon. Paul Tonko, a Representative in Congress from the State of New York, opening statement.................................... 4 Hon. Frank Pallone, Jr., a Representative in Congress from the State of New Jersey, opening statement......................... 5 Hon. Greg Walden, a Representative in Congress from the State of Oregon prepared statement...................................... 7 Witnesses Dave Wulf, Acting Deputy Assistant Secretary, Infrastructure Protection, U.S. Department of Homeland Security............... 8 Prepared statement........................................... 11 Answers to submitted questions............................... 121 Chris P. Currie, Director, Emergency Management, National Preparedness, and Critical Infrastructure Protection, Homeland Security and Justice Team, U.S. Government Accountability Office......................................................... 50 Prepared statement........................................... 52 Answers to submitted questions............................... 137 Doug Brown, President and COO, Brown Chemical Company............ 68 Prepared statement........................................... 70 Answers to submitted questions............................... 146 Mike Wilson, National Director, Occupational And Environmental Health, Bluegreen Alliance..................................... 75 Prepared statement........................................... 77 Answers to submitted questions............................... 152 Steve Roberts, Principal, Chemical Security Group, LLC........... 88 Prepared statement........................................... 90 Answers to submitted questions............................... 178 James Conrad, Principal, Conrad Law and Policy Counsel, on Behalf of Society of Chemical Manufacturers and Affiliates............ 100 Prepared statement........................................... 102 Answers to submitted questions............................... 187 Vette Arellano, Policy Research and Grassroots Advocate, Texas Environmental Justice Advocacy Services........................ 107 Prepared statement........................................... 110 Submitted Material Statement of the Chemical Facility Anti-Terrorism Standards Coalition...................................................... 119 THE CHEMICAL FACILITIES ANTI-TERRORISM STANDARDS PROGRAM (CFATS)--A PROGRESS REPORT ---------- THURSDAY, JUNE 14, 2018 House of Representatives, Subcommittee on Environment, Committee on Energy and Commerce Washington, DC. The subcommittee met, pursuant to call, at 10:00 a.m., in room 2123 Rayburn House Office Building, Hon. John Shimkus (chairman of the subcommittee) presiding. Members present: Representatives Shimkus, McKinley, Harper, Olson, Johnson, Flores, Walberg, Carter, Duncan, Walden (ex officio), Tonko, Ruiz, Peters, Green, DeGette, McNerney, Cardenas, Dingell, Matsui, and Pallone (ex officio). Staff present: Mike Bloomquist, Deputy Staff Director; Samantha Bopp, Staff Assistant; Kelly Collins, Staff Assistant; Jerry Couri, Chief Environmental Advisor; Margaret Tucker Fogarty, Staff Assistant; Jordan Haverly, Policy Coordinator, Environment; Mary Martin, Deputy Chief Counsel, Energy & Environment; Sarah Matthews, Press Secretary; Drew McDowell, Executive Assistant; Peter Spencer, Professional Staff Member, Energy; Austin Stonebraker, Press Assistant; Hamlin Wade, Special Advisor, External Affairs; Everett Winnick, Director of Information Technology; Jean Fruci, Minority Energy and Environment Policy Advisor; Caitlin Haberman, Minority Professional Staff Member; Rick Kessler, Minority Senior Advisor and Staff Director, Energy and Environment; Jourdan Lewis, Minority Staff Assistant; Alexander Ratner, Minority Policy Analyst; Tuley Wright, Minority Energy and Environment Policy Advisor; C.J. Young, Minority Press Secretary; and Catherine Zander, Minority Environment Fellow. OPENING STATEMENT OF HON. JOHN SHIMKUS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS Mr. Shimkus. The subcommittee will now come to order. The chair recognizes himself for 5 minutes for the purpose of an opening statement. Today, the subcommittee will check on the progress of the Chemical Facilities Anti-Terrorism Standards Program, or CFATS, allowing our subcommittee to review the progress of the CFATS program, including overall implementation by the Department of Homeland Security as well as overall achievement of benchmark objectives identified in the past by the Government Accountability Office. This program, which Congress authorized in the fall of 2006 was a continuation of congressional efforts since the terror attacks of September 11, 2001, to surgically and directly address gaps in Federal law regarding terrorism or other intentional acts against high-risk facilities due to their use or possession of chemicals of concern at levels of concern. The core of this new security-focused law was a process where DHS issued risk-based performance standards that required vulnerability assessments and the site security plans by covered facilities. Most importantly, to avoid overlapping with other Federal programs, CFATS was designed to foster collaboration between government and regulated parties. Having finally set up this program, many had great optimism about its possibilities. Unfortunately, the early years of CFATS program implementation were marked with several growing pains, some more hurtful than others. No one knows that more that our witness from the Department of Homeland Security, David Wulf. Very few people have demonstrated the courage, commitment, and longevity with the program that he has. He's kind of the Cal Ripken of CFATS. Based on this subcommittee's hearing in March 2014, we know Mr. Wulf not only set many remedial goals to address issues he found in the CFATS program, but GAO also found areas that needed serious attention. GAO provided recommendations to DHS on how to correct these areas. I look forward to hearing about the progress DHS is making here from Mr. Wulf on the first panel, and from Christopher Currie at GAO, who is on the second panel. I also look forward to a meaningful dialogue with our other witnesses representing CFATS regulated stakeholders as well as those of organized labor, environmental, and community advocacy interests. Particularly, I am interested in knowing what steps DHS has taken to improve its risk assessment methodology and what that has meant for facility tiering, what DHS has done to become more effective and efficient carrying out the CFATS program, and, finally, what steps has DHS taken to improve CFATS program transparency and communication with regulated facilities, whether it relates to the facility tiering or employee screening. In my opinion, CFATS has had four uninterrupted years to course correct and these are threshold questions that must be addressed in evaluating whether CFATS is a worthwhile investment for the United States taxpayer. I know there are some who would like to see the CFATS universe expand to also do EPA's job, or OSHA's job, or FEMA's job, or addressed some other way and we have had lively discussions on the advisability of these changes in the past. My own thinking has been guided by two thoughts. Are these new requirements advisable as a legally enforceable part of this program, filling a security gap that does not exist or are they merely an additive burden without security benefits, and recognizing the challenges CFATS has faced in the past, CFATS must excel at its present obligations before being given new responsibilities. I want to thank our witnesses for being with us today. We look forward to having your experience, wisdom, and ideas. [The prepared statement of Mr. Shimkus follows:] Prepared statement of Hon. John Shimkus The Subcommittee will now come to order; and the Chair recognizes himself for 5 minutes for the purposes of an opening statement. Today, the Subcommittee will check in on the progress of the Chemical Facilities Anti-Terrorism Standards Program or CFATS, allowing our Subcommittee to review the progress of the CFATS program, including program implementation by the Department of Homeland Security (DHS) as well as overall achievement of benchmark objectives identified in the past by the Government Accountability Office (GAO). This program, which Congress authorized in the fall 2006, was a continuation of congressional efforts since the terror attacks of September 11, 2001, to surgically and directly address gaps in Federal law regarding terrorism or other intentional acts against high-risk facilities due to their use or possession of chemicals of concern at levels of concern. The core of this new security-focused law was a process where DHS issued risk-based performance standards that required vulnerability assessments and site security plans by covered facilities. Most importantly, to avoid overlapping with other Federal programs, CFATS was designed to foster collaboration between the government and regulated parties. Having finally set up this program, many had great optimism about its possibilities. Unfortunately, the early years of CFATS program implementation were marked with several growing pains, some more hurtful than others. No one knows that more that our witness from the Department of Homeland Security, David Wulf. Very few people have demonstrated the courage, commitment, and longevity with the program that he has--he's kind of the Cal Ripken of CFATS. Based on this Subcommittee's hearing in March of 2014, we know Mr. Wulf not only set many remedial goals to address issues he found in the CFATS program, but GAO also found areas that needed serious attention. GAO provided recommendations to DHS on how to correct these areas. I look forward to hearing about the progress DHS is making here from Mr. Wulf on our first panel, and from Christopher Currie at GAO, who is on the second panel. I also look forward to a meaningful dialogue with our other witnesses representing CFATS regulated stakeholders as well as those of organized labor, environmental, and community advocacy interests. Particularly, I am interested in knowing what steps DHS has taken to improve its risk assessment methodology and what that has meant for facility tiering, what DHS has done to become more effective and efficient carrying out the CFATS program, and, finally, what steps has DHS taken to improve CFATS program transparency and communication with regulated facilities-- whether it relates to facility tiering or employee screening. In my opinion, CFATS has had four uninterrupted years to course correct and these are threshold questions that must be addressed in evaluating whether CFATS is a worthwhile investment for the United States taxpayer. I know there are some who would like to see the CFATS universe expanded to also do EPA's job, or OSHA's job, or FEMA's job, or addressed some other way--and we have had lively discussions on the advisability of these changes in the past. My own thinking has been guided by two thoughts: (1) are these new requirements advisable as a legally enforceable part of this program, filling a security gap that does not exist, or are they merely an additive burden without security benefits, and (2) recognizing the challenges CFATS has faced in the past, CFATS must excel at its present obligations before being given new responsibilities. I want to thank our witnesses for being with us today. We look forward to having your experience, wisdom, and ideas. With that, I yield back the balance of my time. Mr. Shimkus. With that, I have a minute left. Anyone seeking time? No one is seeking time so I will yield back and recognize the ranking member of the subcommittee, Mr. Tonko from New York, for 5 minutes. OPENING STATEMENT OF HON. PAUL TONKO, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK Mr. Tonko. Thank you, Mr. Chair, and thank you to our witnesses for your testimony, the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards, or CFATS program. CFATS is an important part of our nation's counterterrorism efforts to secure high-risk chemical facilities. The program was first created in late 2006 through a DHS appropriations bill. In the early years, Congress extended the program through annual appropriations under the passage of a long-term authorization in 2014. Without further congressional action the program will terminate in January of 2019. Under CFATS certain chemical manufacturing, handling, and storage facilities must implement risk-based performance standards for vulnerability assessments and site security plans. Facilities that possess certain chemicals of interest must be screened by DHS. If a facility is deemed a high risk, it will be placed in one of four tiers that will establish standards appropriate to secure the site. As of May 30th of 2018 the CFATS program identifies 3,395 facilities as high risk with 159 in tier one and 78 in tier two. While there is complete agreement around the need for a program to keep these chemicals out of the hands of terrorists, even the program's most ardent supporters would admit there have been implementation problems. Over the years, DHS has addressed a number of concerns with the program including some of GAO's recommendations which we will hear about today, I am certain. As Congress considers reauthorization, this is an opportunity to review the program and consider what is working, working well, and how the program could be improved. This includes how we might continue to reduce risks at these sites and ensure that workers, first responders, and local communities have the information they need to stay safe. In my view, we should be working to reauthorize CFATS and, hopefully, improving it. But I would caution against a permanent reauthorization. It is rare for us to discuss this program and a permanent reauthorization may result in even less congressional oversight. We should also keep in mind that CFATS is not the only Federal program to regulate chemical facilities. While others are beyond the scope of DHS, I strongly believe Congress should be looking at all aspects of risks at chemical facilities, not just terrorism. Recent incidents should remind us that our concerns must not be limited to security issues alone. We should take a holistic approach to chemical risks which, obviously, includes facility security as well as safety, accounting for the risks to the people working there and living in nearby communities and facilities' resilience. Chemical fires, explosions, and releases can have serious consequences regardless of whether an incident was an accident, a natural disaster or an act of terrorism. For example, EPA's risk management plan program is focused on reducing chemical risk in the event of an accidental release. RMP establishes emergency measures which help local first responders prepare for and respond to a chemical accident. In January of 2017, the Obama administration finalized an RMP amendments rule but in June of last year EPA delayed that rule's implementation, and a few weeks ago EPA proposed a reconsideration of the RMP program, which would essentially roll back nearly all of the safety measures that were adopted in 2017. In addition to safety issues, chemical facilities are also vulnerable to climate change and natural disasters as we have seen during Hurricane Harvey when a power outage and equipment failure led to a significant chemical fire at the Arkema facility in Crosby, Texas. The Chemical Safety Board's post- Arkema report recommended the development of comprehensive industry guidance to help companies assess their risk for potential extreme weather events. While we all support keeping these facilities secure, I hope we can also address these critical safety and resilience issues, and if there is an opportunity to improve CFATS in a way that close security gaps, reduce risks, better address emerging threats such as cybersecurity and keep first responders and workers safer, now is an excellent opportunity to consider those changes to the program. Again, I thank the chair for calling this hearing and thank our witnesses for being here today, and I yield back, Mr. Chair. Mr. Johnson [presiding]. I thank the gentleman for yielding back. The chair now recognizes the ranking member of the full committee, Mr. Pallone, for 5 minutes. OPENING STATEMENT OF HON. FRANK PALLONE, JR., A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY Mr. Pallone. Thank you, Mr. Chairman. It's been over 5 years since this committee held a hearing on the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards, or CFATS. Given CFATS' inauspicious history, I believe we should have conducted more regular oversight. Existing CFATS authorization expires on January 2019 so it's important that Congress act to continue this program. At the same time, there are well-documented gaps in the current statute that Congress should address instead of simply rubber stamping an extension of the existing program. I've been an advocate for increased safety and security at our nation's chemical facilities for many years, well before the CFATS program was established in 2006. My home State of New Jersey, which has a high population density, also has a large number of chemical facilities. So the consequences of insufficient security are dire. The program shouldn't have any gaps, and while it took the program five years to approve its first chemical facility security plan, I understand we will hear today that improvements have been made. Nevertheless, there are still shortfalls in the program that DHS cannot address without changes to the law. For example, several significant categories of facilities are exempt from the standards, such as public water systems and wastewater treatment plants, and they should be added. We should also reject a suggestion from Senate Republicans that we exempt explosive manufacturers from this anti-terrorism program. We also cannot have a conversation about chemical facilities without discussing the Trump administration's reckless proposal to dismantle EPA's risk management program, or RMP, improvement rule. This is a common sense update to a nearly 20-year-old risk planning and reduction policy for our nation's chemical facilities. The rule would have improved chemical process safety, assisted local emergency authorities and planning for and responding to accidents and improved public awareness of chemical hazards at regulated facilities. Unfortunately, the administration's decision to walk away from the RMP improvement rule has widespread and harmful ramifications. Dangerous incidents at chemical facilities across the country are happening too often. Forty-six incidents have occurred at RMP facilities since Administrator Pruitt blocked the RMP improvement rule. Had the rule been in place, those facilities would have been required to prepare for and implement safety improvements to reduce the frequency and severity of those events. The highest profile case occurred in the aftermath of Hurricane Harvey at the Arkema chemical plant in Crosby, Texas. Heavy rains flooded the facility, causing equipment to fail, triggering a chemical fire, and releasing hazardous fumes and smoke into the air. Last month, the Chemical Safety Court released an investigative report on the incident and found that chemical facilities are wholly unprepared for extreme weather events like floods and hurricanes. Improving the resiliency of these facilities will only become more critical as the climate continues to change. More frequent flooding and powerful storms associated with unchecked climate change increase the risk to workers and vulnerable populations in and around these facilities which too often are low-income communities and communities of color. Earlier this year, the New York Times reported that more than 2,500 sites handling toxic chemicals are located in flood- prone areas across the country. It is clear that far more remains to be done to ensure chemical facilities are truly resilient to this growing threat. Mr. Chairman, I also believe we must examine Federal chemical safety and security policy holistically. We can't turn a blind eye to the administration's actions to undermine the efficacy of EPA's RMP program. Preventing terrorism at these facilities is important, but accidents and industrial incidents due to extreme weather are far more common and they should also be given due consideration by this committee. We have to ensure the safety and security of workers, first responders, and communities living near our nation's chemical facilities are being prepared on both fronts. And with that, Mr. Chairman--I don't think anybody wants my time--I'll yield back. Mr. McKinley [presiding]. Thank you, and absent the chairman of the full committee, we will now conclude the members' opening remarks. The chair would like to remind our members that pursuant to the committee rules, all members' opening statements be made part of the record. [The prepared statement of Mr. Walden follows:] Prepared statement of Hon. Greg Walden Good morning, Mr. Chairman, and thank you for yielding me this time. I am glad you have decided to have an oversight hearing on the Chemical Facility Anti-Terrorism Standards program--or CFATS, which is a program the Committee has been overseeing since its inception. This hearing continues Energy and Commerce's work this month on Federal preparedness laws for deliberate events--like last week's hearing on pandemic and health hazard preparedness and response and tomorrow's hearing examining the federal reaction to biological attacks. In the wake of the terrorist attacks of September 11th, Congress assessed Federal authority to address theft, diversion, and terrorism at chemical facilities and decided accident prevention and process safety laws were insufficient to tackle these malicious, and intentional acts. Instead, Congress decided a separate and distinct body of law and requirements were needed for security purposes. Leaving the Clean Air Act to address general safety and accident concerns, Congress used CFATS to fill legal gaps in addressing intentional acts against this critical infrastructure sector. In addition, to avoid overlapping with other Federal programs, CFATS was designed to foster collaboration between the government and regulated parties. Since each chemical facility faces different security challenges, CFATS established 18 layered, risk-based performance standards for security at chemical facilities. It is important to point out that CFATS is a program that not only covers huge chemical and petrochemical complexes, but also race tracks, wineries and breweries, universities and colleges, and hospitals and health care providers--3,400 hundred facilities in all. However, the CFATS program had to overcome some tough years. While there have not been any documented attacks on these facilities to date, the program has suffered in the past from poor accomplishment numbers, inadequate support from senior DHS officials, management and workforce issues, and a lack of transparency about the program, especially with the stakeholder community. Since we last heard from DHS on the status of CFATS, the Department has had four years to correct the program and I understand DHS has been steadily making progress on these areas. I am eager to find out first-hand what that means, not just from DHS, but from some of its past critics--the Government Accountability Office and the regulated community. CFATS must provide value to taxpayers, the Federal government, and the facilities that could fall victim to intentional attacks. To do that, it needs to not just focus on its outputs and become highly proficient at those but stay in its lane and not try to emulate or replicate other laws whose primary purpose is safety, not security. I want to welcome our witnesses for being with us today and thank them for sharing their views with us. With that, Mr. Chairman, I yield back the balance of my time. Mr. McKinley. We wish to thank all of our witnesses for being here today, taking the time to testify before this subcommittee. Today's witnesses, beginning with the first panel, will have the opportunity to give opening statements followed by a round of questions. You know how this works. Our first witness panel for today's hearing includes Mr. David Wulf, the Acting Assistant Secretary for Infrastructure Protection with the Department of Homeland Security. Mr. Wulf, we appreciate you being here today and we will begin the program with you and you're recognized for your 5 minutes to make an opening statement. STATEMENT OF DAVE WULF, ACTING DEPUTY ASSISTANT SECRETARY, INFRASTRUCTURE PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY STATEMENT OF DAVE WULF Mr. Wulf. Thank you so much, Mr. Chairman. I really do appreciate the opportunity to be here and thanks as well to Ranking Member Tonko and other members of this committee. I am excited to be here to provide an update on the progress that the Chemical Facility Anti-Terrorism Standards, or CFATS program, continues to make in fostering security at high-risk chemical facilities across this nation. When I last testified before this committee in 2013, no question but that the CFATS program was in a very different place, having experienced some significant difficulties in its early years. But we had at that point implemented a comprehensive corrective action plan and had begun making measurable forward progress. At the time, I emphasized the importance of long-term authorization for this critical anti-terrorism program and I am very grateful for the leadership that you all provided--that this committee demonstrated in securing the 4-year CFATS authorization that was signed into law in December of 2014. So as we now find ourselves nearly 3 \1/2\ years into the authorization period, I am grateful that this committee is, again, taking a lead role in ensuring continuing long-term authorization of CFATS. Now, as I am sure you'll hear me say once or twice today, the stability that has come along with long-term authorization has driven unprecedented progress as we have worked with CFATS- covered facilities to make America's high-risk chemical infrastructure a truly hard target with literally tens of thousands of security measures having been put in place at high-risk chemical facilities across the nation. So the stability afforded by long-term authorization has facilitated our planning and execution of important programmatic improvements while it has also afforded regulated industry stakeholders with the certainty they deserved as they planned for and made significant investments in CFATS-related security measures. I am very pleased that you'll be hearing today directly from CFATS industry stakeholders about their direct experience with CFATS. Doug Brown, Jamie Conrad, Steve Roberts, along with a host of industry associations, have been true leaders in promoting a strong culture of chemical security across the Nation and I really appreciate their presence and that of the other witnesses here today. As we are all too aware, the threat of chemical terrorism remains a real and very relevant one. Around the globe, we continue to see bad actors seeking to acquire and using in attacks chemicals of the sort that trigger coverage under CFATS and the threat stream continues to reflect that chemical facilities themselves remain an attractive target for terrorist. I can tell you with certainty that the work we are doing in concert with our committed stakeholders across the wide variety of industries and facilities that compose the CFATS-covered universe is making a real difference in protecting the nation, and having had the opportunity to work closely with my counterparts in other nations and to co-chair the G-7 Global Partnerships' Chemical Security Working Group, I can absolutely tell you that what we are doing here in the United States through CFATS what you have helped build with your support for long-term authorization is absolutely the envy of the world. With its 18 comprehensive risk-based performance standards and its nonprescriptive flexible approach, CFATS is well suited to enhancing security across the very diverse universe of high- risk chemical facilities. So what have we been doing to make CFATS even stronger as we have enjoyed the stability of long-term authorization over the past 3 \1/2\ years? Well, we have improved processes and we have seen unprecedented progress in the pace of inspections and in the review and approval of facility site security plans, eliminating a backlog of security plan reviews 6 years ahead of earlier GAO projections. We have developed and launched an improved risk assessment methodology that effectively accounts for all relevant elements of risk and have reassessed the level of risk associated with nearly 30,000 facilities across the Nation. We have implemented the CFATS personnel surety program, affording the highest tiered CFATS-covered facilities the ability to ensure that individuals with access to those facilities have been vetted for terrorist ties and we have significantly reduced burden across our stakeholder community, having built and launched a streamlined more user-friendly suite of online tools through which facilities submit risk assessment or top-screen surveys and develop their site security plans. So in addition to facilitating all this progress, long-term authorization as compared to our former reality of authorization through the annual appropriations process enabled us to continue to recruit and retain top talent and it reduced the possibility of another lapse in authority such as occurred during the October 2013 government shut down. In addition to the confusion this situation created among our industry stakeholders, the need had arisen for us to take enforcement action to address the national security threat at a CFATS facility during this period of lapse in appropriations. The underlying statutory authority for such enforcement action would have been in doubt. I know this is not a situation that anyone wants to see repeated. So to finish on a bit more of a positive note, I would, again, like to thank this committee and your top-notch staff for your leadership in the CFATS reauthorization process. We are fond of saying that chemical security is a shared commitment and, not unlike the role of our industry stakeholders who have embraced and helped us to build this program in so many ways and the role of our committed and very talented team at DHS, the role of Congress and of this committee in shaping and authorizing CFATS for the long term has been hugely important and I am looking forward to working further with you as we drive toward reauthorization this year. So thank you so much, Mr. Chairman. I look forward to your questions and to the dialogue here today. [The prepared statement of Mr. Wulf follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. McKinley. Thank you for your testimony, Mr. Wulf, and if I could recognize myself for 5 minutes to begin the round of questioning. Mr. Wulf, last time you testified before the committee one of the key issues identified by GAO regarding CFATS was Homeland Security's approach to calculating risks and in fact they concluded DHS did not take into consideration all the elements and consequences of threat risk and vulnerability. Your written testimony mentions an enhanced risk assessment and tiered methodology that Homeland Security believes more accurately reflects a facility risk. Has DHS changed its policy to risk analysis? Mr. Wulf. Yes. In fact, Mr. Chairman, we have. So we took very seriously the dialogue we had with this committee--took very seriously the recommendations we received from GAO, recognizing that our previous risk-tiering methodology was not as comprehensive as they could have been. It was very focused on the consequences of terrorist attacks and less so on vulnerability and threat. We commissioned a peer review with a committee drawn from a panel of experts from across academia, government partners, and industry. We received some excellent recommendations as to ways in which we could enhance our risk-tiering methodology and we set about doing just that. So in the fall of 2016, we did in fact launch a new and improved risk-tiering methodology that accounts for all relevant elements of risk. So consequence, vulnerability, and threat, and we set about retiering the universe of chemical facilities against that new tiering methodology. Mr. McKinley. With this tiering methodology, I am just curious--has it been peer reviewed what you've done on that methodology? Mr. Wulf. Yes. It sure has. So after we developed the methodology we drew together another group of experts, again, from across government academia and our industry community to go over the methodology--to make recommendations for potential tweaks before we finalized the methodology. And following that, we embarked upon a verification and validation process that was conducted by Sandia National Labs, which advised us that our methodology was in fact sound, was working as intended, and at that point, we launched upon the retiering process. Mr. McKinley. Again, back on the tiers, Mr. Wulf, almost half the group changed tiers onto this new methodology. Fifteen percent apparently left the program and four became newly regulated. And so my question is, is what quality reviews and are there updates occurring to make sure that you are appropriately tiering everybody that should be in the system and, as the engineering room counts up the numbers, your numbers total over 100 percent. So I am curious if there is a discrepancy in your math. Mr. Wulf. That is a good question. So I would say the way to look at the math is, looking at the number of facilities that had been previously tiered, that group should add up to 100 percent. So of that group, about 36 percent of previously tiered high-risk facilities stayed put at the same tier level. About 48 percent, as I think you mentioned, moved across tiers from one tier to another and about 15 percent of that previously tiered population was determined to be no longer high risk, using the new methodology, and fell out of the high- risk category. So those three numbers add up to 100 percent when you take into account the decimals. The additional 4 percent is from the population that had previously been not determined to be high risk--those previously untiered facilities. Four percent of those were subsequently determined under the new methodology to be high risk and moved into the risk tiers. Mr. McKinley. Just in the time that remains--the 30 some seconds--how do we have confidence that you're appropriately tiering people, risk-tiering companies. Mr. Wulf. So, the risk-tiering methodology is a sound one and is very robust and now takes into account all relevant elements of risk. We have built a system in which human eyes look at tiering for each facility as we move through the process and before a final tiering decision is issued and if anything looks off--if it appears as though a facility might have submitted information in a way that doesn't quite make sense, we are able to reach out directly through our field inspectors, through our compliance case managers directly, to the facility to resolve any discrepancies and to ensure that we are in fact issuing the correct tier. Mr. McKinley. Thank you. Thank you for my question. Now, recognize the ranking member, Mr. Tonko from New York, for 5 minutes. Mr. Tonko. Thank you, Mr. Chair. And Mr. Wulf, again, welcome and thank you for your testimony. I commend you on the progress that has been made over the recent years. I believe, however there are ways we can continue to reduce risks and improve the program. I want to reference a few issues that came up when DHS last testified before this committee on the CFATS program. This includes the importance of closing security gaps. Is it true that drinking water and wastewater facilities are statutorily exempt from the CFATS program? Mr. Wulf. Water and wastewater facilities are among the statutory exemptions along with facilities regulated by our friends in the Coast Guard through the NHTSA program and a handful of other exemptions. Mr. Tonko. Thank you. And do you think they were exempted because there are no risks of terrorist attacks at these sites? Mr. Wulf. I was not here when when that exemption went into effect. Certainly, I think it might be worth studying what gaps may exist in that arena. I think that might be a sound next step. Mr. Tonko. OK. And is it true that nuclear facilities are also statutorily exempt from the CFATS program? Mr. Wulf. Facilities regulated by the NRC are exempt. Mr. Tonko. And what about Federal facilities that have large amounts of chemicals of interest? Are they exempt? Mr. Wulf. Facilities owned and operated by the Department of Energy and the Department of Defense, both of which have robust standards and audit controls of their own, are exempt as well. Mr. Tonko. Just because a facility is not covered by CFATS does that mean it is not a potential target by terrorists? Should these sites be monitored at all? Mr. Wulf. So, CFATS is very focused. It is a risk-based program. It is targeted at the highest--those facilities that are assessed to be at the highest risk of terrorist attack or exploitation so I think it is an appropriate targeting of our best resources to the facilities that are at the highest risk. That is certainly not to say that other facilities do not present a risk. We have within the Department of Homeland Security a suite of voluntary tools and resources that are available to other chemical facilities through our chemical sector-specific agency. We have protective security advisors who work with facilities on a voluntary basis across the Nation every day. So yes, certainly---- Mr. Tonko. But that's statutorily imposed. So---- Mr. Wulf. Yes. Those are not a statutory requirement. Mr. Tonko. OK. Obviously, there are very different security and regulatory regimes at nuclear facilities--Federal facilities--and other sites that have received exemptions. But in the past, DHS has expressed concerns over the gaps created by these exemptions. A number of years ago, DHS testified that the administration's position to support closing security gaps at drinking water and waste water facilities--is that still the administration's position? Mr. Wulf. I think I would have to take that back. Mr. Tonko. OK. And does the administration still support maintaining EPA as the lead agency for drinking water and waste water facility security with the DHS supporting EPA's efforts? Mr. Wulf. I think that is another one we would need to take back. Mr. Tonko. All right. If you can get back to the committee, please. And can you explain how DHS has worked with EPA in recent years to encourage improvements in chemical security at water facilities? Mr. Wulf. So I can speak more broadly to the work we have done with EPA across the chemical sector. So as you probably know, in the wake of the tragic explosion at west Texas, an Executive order on improving chemical security safety and security was issued. In implementing that order, we developed a national working group composed of us at DHS along with EPA, OSHA, Bureau of Alcohol, Tobacco, Firearms, and Explosives and others with a role in assuring chemical facility safety and security. We took steps to ensure that we were sharing information as fully as possibly, comparing notes on inspections, comparing notes on facilities that existed in our relative respective jurisdictions and ensuring that word was getting out as widely as possible about all of the different regulatory and other requirements. Mr. Tonko. OK. I would simply encourage the committee to consider how we might close some of these security gaps before we debate creating new ones through additional exemptions and I think it's important that we have this holistic approach to cover everyone that might be impacted. With that, I yield back, Mr. Chair. Mr. McKinley. Thank you. And now I recognize my colleague from Mississippi, Mr. Harper, for 5 minutes. Mr. Harper. Thank you, Mr. Chairman. Mr. Wulf, thank you for your time being here, and we appreciate it. It's such an important issue and topic for us to continue to look at and we know that we all want to be on the same page here on where we go, what we look at, and how we try to strengthen this in the future. One of the issues that was identified by the GAO, and also a second witness that will be on the next panel, as a place that needed improvement was compliance, inspections, and enforcement, and I'd like to know what steps DHS has taken to improve in this area. Mr. Wulf. I appreciate the question. We have made really unprecedented progress in our conduct of inspections in our review and adjudication of site security plans and have moved as well in--as a result have enclosed the backlog of site security plan reviews and adjudications. We have moved now into steady state phase of the program. So, more than 90 percent of the inspections we are now conducting for post site security plan approval, compliance inspection, variety of inspections. So we have developed standard operating procedures for these inspections and I will say that the inspections that are happening across the country are going well almost across the board. Facilities are taking seriously their obligation to implement their site security plans. They are putting in place planned or new security measures in accordance with agreed upon timelines where issues are being identified or found by inspectors. Nearly always they are being resolved quickly and in good faith by the facility. We are not hesitant though where needed to use the enforcement authorities with which we have been entrusted. But our overwhelming bias continues to be to work with facilities that are working with us in good faith to come into compliance. Mr. Harper. Mr. Wulf, let's talk about your--the inspectors for just a moment. Is there a--does DHS have minimum qualification requirements for inspectors so they could demonstrate the knowledge and understanding of the facilities that they encounter and relevant guidance on enforcement requirements. Do you have the minimum qualifications there and, if yes, will you provide the committee any written items the department has governing inspector qualifications and training? Mr. Wulf. Glad to do that, sir, and absolutely, we have minimum standards--a pretty high bar for those standards as well for our inspectors who go through a comprehensive training program when they first come on board at DHS and to whom we provide advanced training throughout their careers on specific topics such as cybersecurity or personnel surety background check focused program among many others. There is an exam at the end of the basic training and it is rigorous. We also focus heavily on on-the-job training and on fostering consistency across our inspector cadre and the inspections they conduct. We have put in place relatively recently a group of senior inspectors in each of our 10 regions and their job is to foster training, the development of our inspector cadre and to ensure that we are working in a consistent way. But absolutely glad to provide you information. Mr. Harper. And that would be great. Obviously, the goal here is that if you had any inspector come in to any facility that there would be a consistent review and finding, do you sense that the ongoing training for those inspectors is going to meet that? Mr. Wulf. Yes, I do. I think, it's never completely perfect. We strive for absolute consistency. We appreciate the feedback we receive from our industry stakeholders, many of whom own and operate companies that have facilities in different parts of the country and, if we hear things are perhaps a little different in one part of the country than the other, we work quickly to address that. In some cases there are reasons for that. It may be that, one of the kind of game changing things we have done as an organization is to begin to take more of a corporate approach to inspections. So we are looking at a number of issues at the corporate headquarters level so if there are policies that apply across facilities it may be that a company's facility that is hit from an inspection standpoint early on in the process it might appear to that facility that it's getting a little more thorough treatment than one that's hit later in the process. But that is likely only because we have ---- Mr. Harper. My time has expired, Mr. Wulf. My time has expired. Thank you so much, and I yield back. Mr. Wulf. Thank you so much. Mr. McKinley. Thank you, and now 5 yield 5 minutes to one of my latest friends, Mr. Peters from California, for 5 minutes. Mr. Peters. Thank you, Mr. Chairman. Thank you, Mr. Wulf, for being here today. I want to commend you for the improvements in the CFATS program over the last few years. A longer-term authorization or focus on fixing the known deficiencies in program management have helped to eliminate the site security plan backlog and start the process of compliance inspections. However, a program can only be as good as the statute that authorized it. So I wanted to talk a little bit about how we might improve the statute, if you thought that was useful, starting with effective enforcement. In your testimony, you note that where issues have been identified during inspections they have nearly always been quickly remedied where needed. However, we have utilized our enforcement authorities to incentivize compliance. So can you explain to me, Mr. Wulf, what kind of types of enforcement mechanisms you've been able to use under the program? Mr. Wulf. So yes, I appreciate the question. So the enforcement process within the program I think is in line with the flexible nonprescriptive approach to the program and our general orientation to work with facilities to foster compliance. So where issues are identified on inspections, we work with a facility, assuming the facility is working with us in good faith to resolve them. So, occasionally, if, for instance, a planned measure that has been agreed in the site security plan to be put into place on a certain timeline has slipped on that timeline, it may be that there has been a change in personnel, sort of a lack of understanding of what was in the site security plan. We will work on an agreeable quick time frame to get that planned measure in place and frequently those sorts of things are resolved at that point. If we get into the enforcement structure it is a two-step process. The first step involves the issuance of essentially, a notice of noncompliance, which gives a facility formally a certain period of time, generally, not too much time to come into compliance and I am pleased to say before a penalty order is issued--I am pleased to say that 95 percent of the cases that is enough to bring the facility into compliance. Where if we get to a point where a facility has run through that period we will go ahead and issue a penalty order. We do take into account facility status as potentially, a small business, a facility's ability to pay in determining the ultimate penalty. It's only happened in a small number of cases. Mr. Peters. I was going to ask you, so how many times have you had to use penalties or cease operation orders for facilities that aren't executing their---- Mr. Wulf. So we have issued penalty orders in three instances at this point. Mr. Peters. Three instances. OK. So that's the number of times you had to enforce against a noncompliant facility? Mr. Wulf. That's the number of times we have gotten to the point of---- Mr. Peters. To that point, right. Mr. Wulf. A penalty, probably in about 70 occasions begun the process. Mr. Peters. Great. And do you see that the bill that acts as it's written--does it give you enough authority to do what you have to do? It sounds like that's going fairly well. Mr. Wulf. I believe that we have the authority that we need to do to foster security at America's highest-risk chemical facilities. I think it is a regulatory framework that is really well suited to the mission at hand and to the diversity of America's chemical infrastructure. Mr. Peters. Great. Just one other topic then--the effective and adequate enforcement mechanisms are crucial to preventing noncompliance. We saw the dangers of noncompliance when the West Fertilizer Company in West, Texas exploded. Facilities that don't report their holdings to DHS and are otherwise not identified to the department still pose a risk to workers, first responders, and surrounding communities. What kind of steps have you taken to address the problem of these so-called outlier facilities? Mr. Wulf. Yes. So, certainly, a high priority for us, ensuring that we are getting the word out as widely as possible to facilities about their obligations to report information to us through the top-screen. So we work through industry associations. We participate in conferences. We drill down to the state and local level through state industry associations, though recognizing that not all chemical facilities, companies are members of these associations. Wee get creative. We work through---- Mr. Peters. I am going to run out of---- Mr. Wulf [continuing]. The state and local law enforcement, preparing lists of facilities and comparing information about-- -- Mr. Peters. We are out of time. But I have 5 seconds for you to tell us if there is anything Congress can improve in this area. Is there anything you would ask us to improve within the law? Mr. Wulf. No. I think we have what we need from an outreach standpoint. Mr. Peters. Thank you. Mr. Chairman, I yield back. Mr. McKinley. Thank you, and the chair now recognizes Mr. Johnson from Ohio for 5 minutes. Mr. Johnson. Thank you, Mr. Chairman, and Mr. Wulf, thanks for joining us today. I've heard concerns that any changes to Appendix A including through guidance might not be subject to notice and comment. So would changes to Appendix A by guidance be subject to public notice and comment based on requirements of OMB? Mr. Wulf. So yes, I appreciate the question, and Appendix A is a list of chemicals of interest--320 or some chemicals--is part of our regulation and so, under the Administrative Procedures Act it cannot be adjusted or changed without going through the notice and comment rulemaking process. So as things currently stand, that would be the---- Mr. Johnson. Even through guidance? Mr. Wulf. Pardon me? Mr. Johnson. Even through guidance. Mr. Wulf. That's right. Mr. Johnson. OK. Mr. Wulf. I think it would be considered significant guidance that would need to go through notice of rulemaking. Mr. Johnson. OK. Great. Previously, GAO indicated that DHS does not systematically solicit feedback to assess the effectiveness of outreach efforts and does not have a mechanism to measure effectiveness of your outreach activities. Mr. Currie, in his written testimony, indicated that DHS developed a questionnaire to solicit feedback on outreach with industry stakeholders. Would you please walk us through the questionnaire and explain whether it's been effective? Mr. Wulf. Yes. Absolutely. I am glad to do that. So, we have taken GAO's recommendations seriously. As you mentioned, we have developed that outreach questionnaire. I do believe it is effective. We are in the relative early stages of its deployment. We are using it as we go out to conferences as opposed to going facility by facility during inspections or compliance assistance visits. We ask in this questionnaire those who participate in our engagements to give us some feedback on the content, on the speaker, on the relevance of the information, on the extent to which they expect to be using the information to inform their chemical security risk-based decisions. You know, the challenge sometimes is to get the questionnaire into the hands of the people who have actually participated in the event as we are guests at these conferences. We don't necessarily control the attendee email distribution lists. So we work with organizers of the conference to push it out. To this point, we have received upwards of 60 responses back. Ninety-seven percent of those who responded reported that information was relevant and highly useful. So we are going to continue to look at how we can expand the use of the questionnaire. I think it is very much a worthwhile tool. Mr. Johnson. Good. OK. Well, since the last time the department testified before our committee the Government Accountability Office has made 10 recommendations for improvements to the CFATS program. What progress have you made on those recommendations? Mr. Wulf. I appreciate that, and I appreciate GAO's engagement and very helpful oversight and recommendations over the course of the year. I am confident that we are among the most thoroughly scrutinized programs in the government and pleased that GAO has recognized our significant forward progress over the year and, happy to report that we have made a lot of progress in implementing GAO's recommendations. I think those recommendations, broadly speaking, fall into a couple of different bins. One of those focused on our risk assessment process, our tiering methodology. We, as I've mentioned in this hearing, made a lot of progress in developing our new risk-tiering methodology, one that comprehensively accounts for all relevant elements of risk. Along with that, we have launched a new and very much streamlined and user-friendly suite of online tools to facilitate tiering. I am confident that when GAO issues its next report it will recommend or it will close out the remaining recommendations related to our development of our tiering methodology--the conduct of the tiering peer review among other tiering-related issues. The second bin I think concerns, broadly, our internal processes and controls and, we have made a lot of progress on that front, too, executing a 95-point action plan to improve the program, developing standard operating procedures on things like enforcement and on the conduct of inspections, developing metrics to measure the effectiveness of the program and, pleased to report, based upon those metrics, facilities that are within the program have enhanced their security very, very measurably under CFATS. It's a program that is working. Mr. Johnson. Well, great. Well, thank you for your responses. I yield back, Mr. Chair. Mr. McKinley. Thank you. And I now recognize our colleague, Mr. Green from Texas, for 5 minutes. Mr. Green. Thank you, Mr. Chairman. Secretary Wulf, thank you for being here. I have a very urban district in Houston in East Harris County that's home to one of the largest petrochemical complexes in the world so I know how important CFATS is and I'd like to thank you for your work in implementing these safety standards, and I'd heard a lot of good things about the work. I was glad in your earlier testimony or question you acknowledged that CFATS, because it was called anti-terrorism standards, we are more likely to have a natural disaster than we are a terrorist. In fact, in my area, I think we could take care of the terrorists pretty quickly. As I say in Texas, we don't have any shortage of small arms. So but Hurricane Harvey that hit our community--and I know the other issue was the--that facility out in Crosby, Texas, and that's not my area but East Harris County is. But a lot of our refineries literally were under water in the Houston Ship Channel and that's what my concern is and maybe we need to focus on that, although, admittedly, when we passed the Chemical Facilities Anti-Terrorism Standards program we didn't think about natural disasters. But now we need to recognize that because about every 7 years in Houston, Texas or southeast Texas we get a tropical storm or a hurricane, and although the last one with Harvey I don't know how we could ever plan for 55 inches of rain in 4 days. So but can you talk about how subjecting CFATS to a yearly authorization through the appropriations process before 2014 put a burden on the program? Mr. Wulf. Yes, absolutely. Glad to. Until we attained long- term authorization, we were subject to the vicissitudes of the appropriations process. So going from year to year or, worse, from continuing resolution to continuing resolution. When the government shut down---- Mr. Green. I think every federal agency has that problem. Mr. Wulf. Yes. When the government shut down in October or November--October 2013, our stakeholders didn't know whether CFATS continued in force. We didn't know if we needed to take enforcement action to address a national security threat at a CFATS facility, whether the underlying statutory authority was in existence. So long-term authorization in December of 2014 was huge for us. It enabled us to plan for and execute important improvements to the program, some of which I have detailed here today. It provided our industry stakeholders with the certainty that they deserved as they thought through making significant investments in CFATS-focused security measures. So I cannot underscore enough how important continuing long-term authorization for the program is. Mr. Green. Do you think we need to put specific language in there? Because when we have these shut downs that our committee doesn't have a whole lot to do with since we are not appropriations. Mr. Wulf. Yes. Mr. Green. But our military still functions. Our law enforcement functions. Why would we not want our terrorism safety or even if there is a natural disaster during a shut down? So do you think we need specific language to say that? Mr. Wulf. So I think the language we have in the current authorization does the trick there. But I think you have summed up exactly the importance of longer-term authorization to continue--the program continues in force regardless of what is happening on the appropriations front. Mr. Green. Do you currently feel that the facilities labeled high risk have enough incentive through the program to reduce that risk and do you see facilities switching tiers commonly after a high risk designation? Mr. Wulf. So, as we have gone through the retiering process using our new risk tiering methodology, we have seen some shifting across tiers. We have seen some new facilities come into the program, some previously designated high-risk facilities move out of the program. But I do think that organically the CFATS program promotes the consideration by facilities of safer processes, consideration of different chemicals. So, there is an incentive for facilities to lower their level of risk by doing things differently based on the CFATS program and over the course of the program we have seen about 4,000 facilities that have changed their processes, changed their chemical holdings, and dropped out of high-risk status, which we view as a good thing. Mr. Green. Well, in a way that's good--they are responding to the threat. Has the industry response been in revamping of the chemical safety assessment tool, or CSAT? Do you feel the program is now easy enough to comply with if you're a small-scale manufacturer? Mr. Wulf. Yes, I do. I think we made some significant strides forward with CSAT 2.0, that new online suite of tools. The amount of time it now takes facilities to work through the process of submitting a top-screen or a site security plan has been cut by about 75 percent across the board. The tool is much simpler. It's more of a Turbo Tax sort of model. Duplicative irrelevant questions are no longer seen by facilities. So greatly simplified and we have had really tremendous feedback from our industry stakeholders on it. And, in many respects they helped us to develop it. They were closest to the pain of working through the old system. They were able to help us understand ways in which we could simplify it and make it more user friendly. Mr. Green. Well, Mr. Chairman, thank you for your patience. In my area, we don't have those smaller facilities that you have. Mr. Wulf. Yes, I know. Mr. Green. Chemical plants and refineries who run 250,000 barrels a day. So but I know that we like to go where the problems are, not just be a paper pusher. So thank you, Mr. Chairman. Mr. Wulf. Yes. You're in the center of the petrochemical universe. Mr. McKinley. Thank you. And the chair now recognizes Mr. Duncan from South Carolina for his 5 minutes. Mr. Duncan. Thank you, Mr. Chairman. Back in 2014, I was on the Homeland Security Committee and I worked with them to help reauthorize CFATS for 4 consecutive years. H.R. 4007, Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 was under jurisdiction of both Homeland and Energy and Commerce. Now we are back to yearly funding extensions and this creates instability for both DHS and companies operating under the program. If Congress were able, Mr. Wulf, to provide multi-year authorization like we did back in 2014 how can we ensure DHS will update the program as intended? Mr. Wulf. So we are very incentivized to try to continually improve the program. I think a long-term authorization gives us the stability that we need to focus on those improvements. We have made a number of them over the course of the last 4 years. We are eager to push forward through the rule making process to engage with our stakeholders through notice and comment in a number of different areas---- Mr. Duncan. How can we be certain that you will take the stakeholders' comments into consideration? Mr. Wulf. I think we have demonstrated over the course of the last 4 years that we take very seriously our stakeholders' comments and that we seek to involve them in the program. This whole effort is a shared commitment. It wouldn't work without the buy-in of our stakeholders. We have put into place tens of thousands of security measures at facilities across the country. So, they know in many ways best ways in which we can improve the program. That's why we have involved them in the development of the new risk-tiering methodology. That's why we have involved them in the development of the new suite of online tools and their input on those fronts has been invaluable. Mr. Duncan. I think as long as they know how to comply and what you're going to expect of them it makes it easy for them. Let me shift gears for just a minute. There is a company in my home county, Austin Powder, and it's a company facility there in Clinton and previously noted how duplicate regulations cost them substantial amounts of money. The facility has explosive regulated both by the ATF and by DHS under CFATS. The compliance mandated under CFATS does not measurably improve their facility security. It seems ATF adequately protects against theft and diversion. So given the cost of compliance, which stakeholders in the explosives industry face in return for no measurable security gain, what is your opinion on exempting those in the explosive industry already regulated by ATF from the CFATS program? Mr. Wulf. So we are certainly sympathetic--sensitive to concerns about duplicative regulation. I think in the case of explosive materials, there is regulation in place with ATF. I think we are talking about a universe of about 30 facilities that are regulated both by CFATS for explosives only and also by ATF. ATF and DHS have different programs but I think they are both solid programs. So, we are open to working with the committee on a path forward there. I am not sure I completely agree with the premise that CFATS doesn't provide any additional security benefit but there are certainly measures in place at ATF-regulated facility. I've spent a dozen years myself at ATF. A very solid program there. And so, among the things that I would not lose too much sleep over exiting the program, explosives are one of those. I will note, though, that ATF's program does not address explosives' precursor chemicals. So, I think many of those facilities receive benefits still under CFATS with respect to the regulation of security of explosives' precursor chemicals-- for instance, ammonia nitrate. Mr. Duncan. So do you think the redundancy and overlap of regulations are OK? I don't hear a whole lot of jurisdictional prejudice in your answer there. We are going to look at that. We are going to look and see, because what we are trying to do is make sure that businesses aren't faced with multiple compliance burdens when one agency can handle it, and we run into that too much in government, I think, where you've got this jurisdictional overlap and one agency is coveting that and they don't want to give it up when there maybe be a better agency that can handle it. And in this case, DHS might be the best agency and take it away from ATF--I don't know that--or vice versa. Mr. Wulf. Yes. We are happy to work with you on that. Mr. Duncan. Thank you. Mr. Chairman, I yield back. Mr. McKinley. Thank you. Now I recognize my colleague, Mr. McNerney from California, for 5 minutes. Mr. McNerney. I don't know if I sense a little reluctance in that acknowledgment, Mr. Chairman. I thank the panelist. Mr. Wulf, I missed your testimony and I apologize about that. Now, there are several categories of threats. I am going to list a few of them. There is natural disasters. There is physical attacks. There is industrial accidents and cyber attacks. Do you feel that cyber attacks are on par with the others in terms of risk to public safety and health? Mr. Wulf. I think cyber is a very important threat vector and I think that, no question but that America has critical infrastructure and that includes America's chemical infrastructure is in the cross-hairs of cyber criminals. Mr. McNerney. Well, I've learned from the utility industry that there is some difficulty getting information sharing across because of lack of security clearance within the utility industry mainly because of the length of time it takes to get a security clearance. So you think that that is also an issue with the chemical industry is a lack of security clearance within the industry prohibiting information sharing that could be helpful in safety areas? Mr. Wulf. I think, certainly, getting appropriate folks across the industry cleared to receive classified threat information is helpful. We maintain a program called the private sector clearance program through which we grant clearances to folks in the private sector to include those who serve on our sector coordinating counsels. So I think, certainly, to the extent we can streamline that process, that's a good thing. Mr. McNerney. Would it be helpful for the legislative branch to get involved in streamlining that process or would that be cumbersome? Mr. Wulf. I think we are working the issue. It is a high priority for us. I think it's sort of a process thing, in my view, that, we need to continue to focus like a laser beam upon and we are certainly committed to doing that. Mr. McNerney. Well, suppose someone goes into the industry, say, from the Department of Energy with a pretty high clearance level--a Q clearance or some clearance--top secret clearance. How long would it take them to get the clearance to get information sharing once they go into industry? Mr. Wulf. Yes. I would hope not very long. I might have to get back to you on exact time lines. Mr. McNerney. Yes. I have a specific case where it took someone with a top secret clearance 18 months to get a secret clearance in industry. Mr. Wulf. Yes, not good. Mr. McNerney. OK. Well, I'd like to follow up on that and hear specifically how that that's going to be---- Mr. Wulf. Happy to talk with you more about that program. Mr. McNerney. OK. Do you think that there is--on a different subject, is there resistance to safety regulations by industry of regulations that actually provide safety to the public? Mr. Wulf. Although our security-focused regulation has positive benefits from a safety standpoint, I don't know if I am in a position to talk about the extent to which there may or may not be resistance to EPA's or OSHA's safety-focused regulations. I would hope not. I think there is a strong culture across the chemical industry of safety and security. So my expectation is that they are meeting requirements across the board. Mr. McNerney. Right. It just takes one bad player to cause an accident to hurt the whole industry. Mr. Wulf. Yes. Absolutely. Mr. McNerney. So I think we both and industry understand that and are anxious to work with regulatory bodies such as yours. Mr. Wulf. Yes. Mr. McNerney. OK. Mr. Chairman, I am going to yield back. I'll give you a minute. Mr. McKinley. Thank you. Now the chair recognizes Mr. Flores from Texas for 5 minutes. Mr. Flores. I thank the chairman and I thank this subcommittee for holding this important hearing. On April 18th, 2013 one of the communities in my district, that being West, Texas experienced a disastrous explosion that took 15 lives. Twelve of them were first responders. So CFATS is important to me and to my district. Furthermore, it was really disturbing to learn from the findings that were released 3 years later that this wasn't an industrial accident. It was actually arson. That said, the citizens of West deserve great credit for how they've been resilient in rebuilding their community and the rebound of West today is really remarkable. As the current authorization for CFATS is set to expire in January of next year, we must carefully consider how the program is measured and what improvements should be made or could be made in the reauthorizing legislation. I want to thank all of today's witnesses for their insight in this hearing. And so now I'll move to my question for Mr. Wulf. Some people argued that the greater public sharing of chemical vulnerability information--or the CVI, as we call it-- is necessary for communities to be better prepared. So, Mr. Wulf, I have three subquestions under that. First of all, to whom does Section 2103 currently allow access to CVI? Mr. Wulf. So that section of the statute currently allows access to state and local government officials who essentially have a need to know that information in performing their official duties in the first response arena--emergency planning arena. Mr. Flores. So the next question would be do you think it's wise to have CVI publicly disclosed? Mr. Wulf. I do not. The reason we developed the chemical terrorism vulnerability information protection regime was to keep close hold among those who have a need to know information about high-risk chemical facilities and the chemical holdings at those sites. Mr. Flores. OK. And so that brings us to the next one. Some people have suggested that local emergency planning commissions should have access to CVI. Is there a reason to not provide it to them? Mr. Wulf. So local emergency planning commissions perform an important function. But they vary in their--in their composition. So there are certainly folks who are members of local emergency planning missions who do have a need to know information about high-risk chemical facilities and chemical holdings. So those first responders, those emergency planners, we absolutely want to ensure that they have the information they need to perform their official duties. But we need to balance that with the need to ensure that we are not sharing so broadly that we make it easy for terrorists and other adversaries to obtain information to effectively have a roadmap to America's highest risk facilities. Mr. Flores. If you have first responders that are CVI trained, would it be appropriate to share the information with those first responders? Mr. Wulf. Absolutely. Mr. Flores. OK. Mr. Chairman, this has been helpful and I thank you. I yield back the balance of my time. Mr. McKinley. Thank you very much, and now the chair recognizes Mr. Cardenas from California for 5 minutes. Mr. Cardenas. Thank you very much, Mr. Chairman. I appreciate the opportunity to discuss this very, very important issue that affects all Americans. Thank you for being here, Mr. Wulf. Earlier this year at a subcommittee hearing before the House Committee on Homeland Security, chemical safety advocate Paul Oram testified that facility owners should be required to develop and maintain employee input plans. Mr. Oram commented that, ``Employees are often the most vulnerable in the chemical release but also the most knowledgeable about problems and remedies.'' So with that, has DHS encouraged or required facility owners to consult with employees when developing security vulnerability assessments? Mr. Wulf. So I appreciate the question. We certainly urge companies--we urge high-risk facilities to involve their employees in development of site security plans and I would say that almost across the board employees are involved in the development of those plans. The 2014 long-term authorization act makes clear that to the extent practicable, facilities should be involving employee and my expectation and my general understanding is that facilities are doing just that. I mean, facility employees are the ones developing plans. Mr. Cardenas. So the facilities' owners--these plants voluntarily give that feedback to you? If it's not one of the checklist things that the department asks, by the way, do you have an employee input plan on your site? Mr. Wulf. It is not a checklist thing. We are not really a checklist program. But we are a program that engages very constructively with facilities. So that is voluntary feedback. That's the experience---- Mr. Cardenas. OK. Mr. Wulf. --of our inspectors working with these facilities. Mr. Cardenas. So that feedback right now is ad hoc? It's just as---- Mr. Wulf. I don't know if I'd characterize it as ad hoc, and there is not a check box. Mr. Cardenas. OK. Well, I'll describe it as ad hoc if there is not a formal process. Five years ago when the last oversight hearings on the CFATS program then under Secretary Rand Beers noted on the record that the department's strategic communications plan may eventually include ``systematic outreach to facilities including employees at the facilities.'' Has systematic outreach become the norm in the CFATS program? Mr. Wulf. Yes. I am pleased to say that it has and we have an outreach engagement plan. We identify areas of priority from year to year and we focus on ensuring that we are getting the word out to those relevant communities and that certainly includes to the organized labor--relevant organized labor communities. Mr. Cardenas. Mr. Oram also stated that public confidence is critical to the success of the CFATS program and the secrecy is not in the best interest of the communities. I couldn't agree more. As a parent, I would not want to know if I lived down the street from a facility that puts my family at risk. I would want to know as much as we believe possible. Do you agree that this is important to proactively engage communities living near or next to these facilities? Mr. Wulf. So I think, again, it's a balance. I think we need to ensure that those who are charged with protecting our communities, our first responders, our emergency planners have the information that they need. The balance, though, is in ensuring that we are not making sensitive information so widely available that it can be accessed by those who would seek to do harm to the community. So it's a balance. Mr. Cardenas. So what, if any, specific steps has DHS taken to improve community outreach and engagement through the CFATS program? Mr. Wulf. So, as part of our outreach engagement plan we are out talking to local emergency planning committees. Those can include members of--and frequently do include members of the community and public officials, first responders, emergency planners. That is one of the main means by which we are out across the relevant communities. Mr. Cardenas. Thank you. I can't stress enough how important it is for employees and local members of the community to be involved in disaster assessment and preparedness process. These individuals are the ones bearing the greatest risk. They work, live, shop, walk to school, pray, and drive to jobs near these facilities and they might be at high risk and they need to know about that. And yet, they are often left in the dark when it comes to disaster preparedness. Their voices are critical to the facility and community safety and I hope that we can work together to improve engagement efforts under the CFATS. So I appreciate your time. Thank you very much. I yield back. Mr. Wulf. Thank you. Mr. McKinley. Thank you very much. The chair recognizes Mr. Walberg from Michigan for 5 minutes. Mr. Walberg. Thank you, Mr. Chairman, and thank you, Mr. Wulf, for being here. In your written testimony you indicate that DHS has conducted over 3,500 compliance inspections and that, and I quote your statement, ``Nearly across the board results of these inspections have been positive.'' That's good. Could you elaborate a little bit more for us? Mr. Wulf. Yes. No, I am glad to. So we are in sort of steady state compliance inspection phase. Most of the inspections we are doing across the country are post-site security plan approval inspections. So we are assessing the extent to which facilities are doing what they signed up to do in developing their site security plans, whether they are implementing those plans, whether they are putting in place new security measures along the time lines agreed to in the plans and I'd say almost across the board that is absolutely happening. That has been our experience in conducting these inspections. Where we have identified issues nearly always we are able to resolve those with the facility in pretty short order. So, the chemical industry stakeholder community is taking its obligations seriously under CFATS. Those facilities that have been identified as being at the highest risk of terrorist attack or exploitation that are covered by CFATS are taking their obligations seriously and are implementing their plans. They have put into place literally tens of thousands of security measures at facilities across the country. So, really appreciate their commitment to the program and their buy-in. Mr. Walberg. Do you sense and your inspectors sense that they see you as a partner with them--that it's a benefit and not a burden? Mr. Wulf. I do. Yes, I do. And I think, the program is one that lends itself to a little bit of that partnership approach. Certainly, we are regulators. But this is a nonprescriptive regulatory framework. So we are in a position to work with facilities to identify security measures within a site security plan that make sense, given that specific facility's unique circumstance. So, really pleased to be able to work with facilities that way, and we will say also that we prioritize not just being out there to conduct inspections but to provide compliance assistance. So to talk with facilities, to talk with those who own and operate those facilities about options for meeting the spirit of the 18 CFATS risk-based performance standards. So, I think it is a really unique and--I want to say uniquely effective program that is well suited to the diversity of the Nation's chemical industry infrastructure. Mr. Walberg. I encourage that. We certainly know of other entities that are involved in regulating and inspecting at the work site, at the business, that there is no relationship. This seems to be a partner relationship. Mr. Wulf. Yes. Mr. Walberg. This is an important---- Mr. Wulf. Absolutely, and we rely on our industry stakeholders very much to help us think through potential improvements to the program, to develop new tools like our new and improved suite of online tools through which top-screens and site security plans are developed to help us develop things like our new risk-tiering methodology. So, in a lot of ways it is a thriving partnership relationship with our entire stakeholder community. I am very grateful for that. Mr. Walberg. Thank you. Your written testimony notes that where necessary DHS has utilized our enforcement authorities to incentivize compliance. Can you elaborate on that? Explain that a little more? Mr. Wulf. Yes. I am glad to. So we have a two-step enforcement process. As I mentioned, the vast majority of the time we are able to resolve issues without getting into the enforcement process. But in about 70 instances over the history of the program we have begun the process. We have issued a notice of not compliance that, under the law, gives a facility a specific amount of time to come into compliance. I am happy to say that most of time that is sufficient where cooperative work with the facility has worked to nudge the facility into compliance. But if that doesn't work we will go ahead and issue a penalty order, and in all cases--and it's only three cases in which we have had to get to the penalty order--that has been the thing that has compelled compliance. So our overwhelming bias is to work with facilities and, certainly, the vast majority of facilities out there are acting, in my experience, in good faith and are committed to the program and understand--committed to meeting their obligations under CFATS. But in the small number of instances where that is not happening, we will go ahead and use those enforcement authorities. Mr. Walberg. Thank you. I yield back. Mr. McKinley. Thank you very much. Now the chair recognizes Ms. Matsui from one of the three possible states of California for the next 5 minutes. Ms. Matsui. I think we are still going to be united--still one state. Thank you, Mr. Chairman. Today we have talked a lot about the industries and facilities that we calmly associate with chemicals. But the CFATS program also covers many types of facilities that we don't always think of as using high-risk chemicals like hospitals and universities. In Sacramento, we have four major hospital systems including an academic medical center, which represents the second largest employer in the district. So I am pleased that DHS has emphasized the importance of stakeholder involvement, and I've also heard that the agency and hospitals in California collaborate well. You've emphasized the CFATS as a nonprescriptive regulatory framework, which gives flexibility to regulated facilities. What are some of the unique challenges that hospitals face under CFATS and how has DHS worked with hospitals to tailor security measures to those challenges? Mr. Wulf. And I appreciate that question. You're absolutely right. The universe of facilities covered under CFATS is a very broad one. So, we prioritize getting out across the relevant communities and working to address the unique circumstances of facilities such as hospitals. So hospitals, college university campuses can't necessarily be secured in the same way as a more traditional chemical manufacturing or chemical distribution site. We need to maintain reasonably open access to the site. You have members of the public coming in and out so, what we have recommended in cases like that and in the conduct of our compliance assistance with those sites is taking kind of an asset-based approach to security. So you're not necessarily constructing a perimeter around the entirety of the hospital but ensuring that where those sensitive chemicals are being held you have the requisite security in place. So that tends to be the approach for facilities such as hospitals. Ms. Matsui. OK. Thank you. I understand the CFATS has improved its risk-based performance standards and risk calculations based upon actual threat level and facility vulnerability. It makes me wonder--as climate change is increasing the frequency and severity of extreme weather if the CFATS couldn't be used to address weather-related vulnerabilities. Recently, the Chemical Safety Board released their investigative report on the Arkema chemical plant fire and explosion in Crosby, Texas. The CSB found that the plant was not adequately prepared for the extreme flooding that occurred during Hurricane Harvey and that a number of equipment failures occurred as a result. The CSB also indicated that other facilities in flood prone areas face similar problems and made recommendations on how to address some of these risks. I think that many of these recommendations are relevant to CFATS facilities. Do you believe that the damage extreme weather causes facilities covered by CFATS is a serious threat to the safety of surrounding communities? Mr. Wulf. I think, certainly, natural hazards are just that and we have certainly seen them impact chemical facilities. Ms. Matsui. OK. Do you think a CFATS security plan should consider the threat of severe weather and help protect facility worker and communities? Why or why not? Mr. Wulf. So I think it's important that CFATS be able to stay focused on security. It is a security-focused anti- terrorism program. But I will note that there is a lot about the CFATS program and about security measures that are put into place or that are required to be put in place at CFATS-covered facilities that has a positive impact in addressing the facilities' resilience in the face of natural disasters. So, we require facilities to develop response plans, to conduct training, to conduct exercise, to conduct exercises to make contact with their local first responders and all of those things are equally important in both the terrorism context, in the deliberate manmade attack context, as well as in the natural disaster context and we have seen it play out in instances in which, for instance, a tornado hit a CFATS-covered facility in Illinois and it was very well prepared. Ms. Matsui. So you're really preparing--in essence, to really coordinate these activities more in the sense of part of the program to review how to do this so, in a sense, it's part of the program? Mr. Wulf. I don't believe it makes sense to make it a formal part of the program. I think it's important that we retain our focus on security. But, again, I think their security and safety are very much complementary. There are agencies that focus squarely on the safety issues on those hazards. We work very closely with the likes of EPA, OSHA, with our friends at FEMA, within the Department of Homeland Security. So I think as a Federal Government community we are very much committed to that. Ms. Matsui. OK. Thank you very much. I yield back. Mr. McKinley. Thank you. And now the chair recognizes the chairman of the full committee, the gentleman from Oregon, Mr. Walden, 5 minutes. Mr. Walden. Thank you very much, Mr. Chairman, and thanks to you for holding this hearing and, Mr. Wulf, thank you for being here. We appreciate your guidance. I just have a couple of questions. You've been with the program a long time--I won't say a very long time--a long time, and, frankly, many people credit your leadership and your committed staff with the gains the program has made in recent years. So, we go through this with different agencies and, frankly, depending on who's in charge doesn't seem to matter sometimes who's in the White House. So this isn't a partisan issue because we have seen it in other agencies. But having seen how a less committed senior political leadership can wreak havoc on a program, how do we know these reforms are permanent? Mr. Wulf. Thank you. Thank you, Mr. Chairman. I appreciate very much the kind words. We have a great team in place within our program and great buy-in and commitment across our industry stakeholder community. So it's very much a team effort. I can tell you that our new senior political leadership with the change of administration is very, very committed to the future of CFATS. It remains a priority with this administration, very focused on ensuring that we are able to maintain positive momentum that we have the resources we need to do just that. So, we remain focused like a laser beam. I've seen nothing but support from the upper reaches of the department and the administration. Mr. Walden. Right. And some of the witnesses on the second panel in their testimony today on CFATS that they say that CFATS has made serious improvements in problems it was facing 4 years ago. What do you attribute the progress of CFATS program over the course of the last 4 years? Mr. Wulf. I appreciate that question. I think, first and foremost, I attribute the progress we have been able to make to the environment of stability that has been fostered by long-term authorization on which this committee showed so much leadership in 2014. So that gave us the stability that we needed to plan for and execute many of the improvements I've detailed here today. It afforded our industry stakeholders the certainty they deserved as they were thinking through making significant investments in CFATS-focused security measures. I would say also I would credit a lot of the progress to the spirit of openness and transparency which we have strived to operate over the past 4 years. So, we have a very strong relationship with our industry stakeholders. We take their feedback very seriously. We involve them in efforts to improve the program. We very much value their input. And, thirdly, I would point maybe to a willingness to change processes--to not stick with the status quo to do game changing things like take a corporate approach to inspection activity, to take a fresh look at our suite of online tools and see what we can do about making them more user friendly, more streamlined, and more useful in the development of top-screen risk assessment surveys and site security plans. So all of the above but at its core, the stability of that long-term authorization has been absolutely key. Mr. Walden. Well, and as chairman of the full committee, you have my assurance that we are going to move expeditiously to reauthorize this work. Mr. Wulf. We appreciate that. Mr. Walden. We know of its critical importance. You keep this up, you may get cloned and your staff too because not every program and agency achieves these kinds of results. So we do appreciate your leadership and that of your team and you look forward to working with you so we meet our deadlines here and get this reauthorized. So with that, Mr. Chairman, I'd yield back. Mr. McKinley. Thank you very much. The chair recognizes Ms. DeGette from Colorado for 5 minutes. Ms. DeGette. Thank you, Mr. Chairman. Thank you for coming today, Mr. Wulf. Right on the border of my district is the Suncour oil refinery. There are 53,000 people that live within a 3-mile radius of that refinery and that includes over 5,000 children under 5 years old who are particularly susceptible to air toxins. The neighborhood that's the closest to the refinery, Elyria-Swansea, has a population that's over 80 percent Latino with over 25 percent of the residents living with incomes below the poverty line, and as you know, these characteristics are pretty common for neighborhoods that are nearby industrial facilities. So I wanted to ask you would you agree that while security is important for all chemical facilities, additional considerations like mitigation are necessary when you're dealing with urban facilities with large populations right nearby. Security is not the only issue that these institutions or that these refineries and others are facing. Mr. Wulf. Well, sure. Yes. Absolutely. Ms. DeGette. And one thing that happened over at Suncour we have had problems with interruptions from the external power supply and, as you know, even brief disruptions to the power supply can cause harmful chemical emissions. In October 2016, the Suncour refinery suffered an accidental power failure that led to release of a yellow cloud of smoke, which closed the highway and caused 14 local schools to go into lockdown. And then they had a second power outage in March 2017 which released more than 500 pounds of sulfur dioxide gas and a hundred pounds of hydrogen sulfide gas. So my question is--I know, you look a little puzzled because--but I am wanting to know is power supply security a consideration when the Department of Homeland Security considers site security plans submitted by high-risk facilities? Mr. Wulf. So, yes, the power supply is certainly something that---- Ms. DeGette. Is one of the things? Mr. Wulf [continuing]. Something to be considered and also considering what contingencies are in place it is certainly important from a security perspective when the power goes out. Ms. DeGette. OK. Does DHS have specific recommendations for providing a secure power supply under CFATS? Mr. Wulf. I will get back to you on that, certainly. Ms. DeGette. Thank you. OK. Now, DHS is not allowed to disapprove of the site security plan because it lacks specific security measures. Is that right? Mr. Wulf. That is correct. It's a nonprescriptive program so we work with facilities to assess what makes sense and meets the intent of the relevant risk-based performance standards. Ms. DeGette. So would you consider a facility secure if it suffered a significant chemical release due to a brief power outage or would that show that the facility might be susceptible to deliberate disruption? Would you look at that? Mr. Wulf. It would be something we would look at, certainly. Ms. DeGette. Now, the CFATS program is intended to protect chemical facilities from terrorist attacks. Is that right? Mr. Wulf. That is correct, to protect against terrorist attack or exploitation. The majority of the facilities we have in the program that have been designated at high risk are designated as such owing to the threat of theft or diversion of chemicals---- Ms. DeGette. OK. Mr. Wulf [continuing]. Being taken offsite and deployed. Ms. DeGette. Off site. So the Suncour refinery incidents I talked about before caused by accidental power outages they would be included in the scope of the program though, right? Power outages that are causing chemical releases. Mr. Wulf. Yes. The power situation and resilience in the face of power, ensuring that the security systems are resilient is important. Ms. DeGette. Now, what about emissions caused by negligence, natural disasters, or other types of actions? That would not be included? Mr. Wulf. That is not within our purview. But, as I've mentioned here, many of the measures that we require to be put in place through CFATS such as the conduct of training, exercise the development of response plans that are applicable---- Ms. DeGette. They would---- Mr. Wulf [continuing]. In both the natural disaster context or manmade attacks. Ms. DeGette. They would have that potential spillover effect, right? Mr. Wulf. Right. Right. A complementary---- Ms. DeGette. Yes. But, Mr. Chairman, the reason why I bring this up is because security is really important to me but there is so many other issues. I would hope that we can also come to bipartisan agreement on how we address these toxic releases, because in my district and many other districts in the country, people are living right next to these plants and even if it's not a terrorist attack or a natural disaster, they are at risk of contamination every day. So I would hope that would be another issue that we could work on in this committee. Thank you, and I yield back. Mr. McKinley. Thank you very much, and I hope we can continue that dialogue on that. Now the chair recognizes from Texas Mr. Olson for 5 minutes. Mr. Olson. I thank the chair, and welcome, Mr. Wulf. As you know, I am a congressman from Texas 22. I like to call that the suburbs of the energy capital of the entire world, the massive petrochemical complex along the Port of Houston and Houston ship channel. Mr. Wulf. Absolutely. Mr. Olson. As you know, there are lots of nasty chemicals on our highways and our railroads. In fact, this last month, Houston had the anniversary but remembered that--see, was it in 1976 had a tanker turn over a truck with ammonia. Six people died. Over 60 were hospitalized. That was right by Interstate 610 U.S. 59, right by the Galleria. I know that's not CFATS, but my point is those chemicals are all over our roads, and that's just ammonia going by traffic. It's been talked about, some of the issues with the Crosby fire during Hurricane Harvey. I want to talk about cyber attacks, because the bad guys now are adjusting to attack us through cyberspace. What happened at Crosby was a failure of the backup system. They had backup power but they didn't test enough. They fired up for maybe a minute or two--hey, it's working. It had to work. It didn't. And as you know, the chemical--once you lost control of the process it was going to come through and have an emission. And so terrorists could easily hack into there and open up those things, do exactly what nature did. So how is CFATS adapting to terror attacks through cyberspace? Mr. Wulf. Yes, you're absolutely right. Cyber attacks--very significant threat vector. Chemical facilities vary in the level to which cyber systems are integrated with their industrial control systems, with their process systems, and, for that matter, with their security systems. But there certainly exists a decent population of facilities where those systems are very much integrated and so one of our risk-based performance standards--and I think this was in place before any folks were thinking about cybersecurity--one of the 18 risk-based performance standards under CFATS focuses specifically on cybersecurity. Mr. Olson. All right. Good. Mr. Wulf. So we have trained a large number of our inspectors to work with facilities that have the fuller integration of cyber systems with their industrial control systems. We have cyber experts on our staff at headquarters who review those facility site security plans and provide guidance to the inspectors in the--in the field. We ask facilities to put in place sound cybersecurity practices or other site security things--a very important part of our program. Mr. Olson. Thank you. That is music to my ears. More of a softball question for you. As you noted, CFATS was authorized a little over one decade ago. Looking back, could you talk about the single biggest lesson learned that you've had the first years of the program? What's one thing you've learned over those first couple years? Mr. Wulf. So I think the most important thing is that it takes a community to secure America's chemical infrastructure-- that it's not something we can do alone and it's not something we can do without the feedback of our industry stakeholders. So, the importance of transparency, the importance of openness, the importance of a community wide approach. A shared commitment to chemical security is absolutely key and I think as a result we have seen a great deal of buy-in and a great deal of commitment across our community of owners and operators of high-risk chemical facilities. Mr. Olson. Thank you. That brings up the next question and that is domestic community. How about international community? As you note in your opening statement, the threats we have seen in our homeland have spiked up following terrorist attacks overseas. NATO and our allies in Europe are dealing with these attacks every single day as are allies all across the world. Can you discuss how our CFATS program compares with their programs and are we exchanging data with NATO, with other countries? Are they exchanging with us? Are we working together to address this problem? Mr. Wulf. That's a great question, and we are prioritizing international outreach. So I actually have the privilege of chairing a G-7 global partnership working group on chemical security. We are engaging with our European Union partners and a number of other nations to sort of share best practices, to compare notes on chemical security. I will tell you that what we are doing here is in many, many ways the envy of the world--significantly more comprehensive. There is a large threat out there. We have been relatively privileged not to have as many chemical-focused attacks. But no question adversaries around the world continue to seek out and to use in attacks chemicals of exactly the sort that trigger coverage under CFATS. So, we need to remain vigilant. There are other approaches to securing certain chemicals, in particular, IED precursor chemicals. In Europe, that seemed to be making some headway. I think we want to learn from our colleagues over there what is working as we think through potentially new approaches at the point of sale to high threat IED precursor chemicals, whether of a voluntary or a regulatory nature and that's probably another hearing for another day. But we learn a lot from our international colleagues and I think they learn a lot from us. Mr. Olson. I thank you. So my time is expired. A final closing comment--you always have a standing invitation to come to Houston, Texas, see all that stuff with your own eyes. Also, enjoy the best barbecue at the Swinging Door in Fort Bend County and also the best Mexican breakfast at Bob's Taco Station in Rosenberg, Texas. Mr. Wulf. OK. What was the first one? I want to make---- Mr. McKinley. OK. Mr. Olson. The Swinging Door. That's in Richmond. Bob's Taco Station is in Rosenberg. Mr. Wulf. All right. We are down there quite a bit so I will---- Mr. Olson. Yield back. [Laughter.] Mr. McKinley. Thank you. Mr. Olson. Thank you, Chairman. Mr. McKinley. The chair now recognizes the very patient member from Georgia, Mr. Carter, for his 5 minutes. Mr. Carter. Well, it's certainly going to be hard to follow that but I'll do my best. Thank you, Mr. Wulf, for being here. I appreciate it. I want to echo the comments of the chair of the full committee. Just from listening to you, it appears that you have a firm grasp of this and have a handle on it and I appreciate that. That's good to know. I wanted to ask you, it appears that improvements have been made in the program as it's gone along, and from what I understand in some of my reading that since the implementation of CFATS the GAO makes a number of recommendations that appear to have improved the program, and I just wanted to ask you specifically about two things--: vulnerability and economic consequences. Those two things are of concern to me and I just wanted to ask, have you changed your overview of these two things, particularly of economic consequences? Or the management of the program--have you tried to address this at all? Because I believe that GAO had noted that that was one thing that was not taken into consideration enough and that was the economic consequences. Mr. Wulf. That's exactly right. So GAO made a number of recommendations related to tiering and we have taken them all very much to heart in developing our new and improved risk tiering methodology which does take a significantly more comprehensive approach to addressing all relevant elements of risk to include consequence, vulnerability as well, looking at the sort of inherent vulnerabilities associated with facilities on a facility by facility basis--things like, how chemicals are stored, the types of containers, among many other things, and threat. With respect to economic consequences, we have studied this very hard in response in response to the recommendation and I think just makes sense to have done that anyway. Our ultimate conclusion was that the threshold, which is actually a classified threshold for significant economic consequences to the Nation from an attack on a specific chemical facility, is a pretty high one. And so, it was based on a review of the facilities in our program. They were not facilities on which an attack would move the needle from a risk tiering perspective with respect to economic consequences. So it is not included in our tiering methodology right now but we have the resources. We have the knowledge from the study to include it as needed if we get to a point where economic consequences are, potentially, significant enough from one attack on a single facility. Mr. Carter. Let me ask you just a couple of simple questions, if you will. How do you determine who is to comply? Is that incumbent upon the business itself or do you determine that or what? Mr. Wulf. Yes. So the way the process works is that facilities that have holdings of one or more of our 320 chemicals of interest that are in the regulation self-identify if they have those chemical holdings at or above the specified threshold or at or above the specified concentration. They submit to us what we call a top-screen, so basic information about the facility, about the chemical holdings, and we run that through our risk tiering methodology and make a determination as to whether the facility, based on the totality of the circumstances of its facility, of its chemical holdings, of its location as relevant--whether it's in an urban or rural area, whether that facility is at high risk of terrorist attack or exploitation, and if it is--and about 10 percent of the facilities that submit this paperwork to us ultimately are determined to be high risk--if a facility is issued that determination we then issue it a risk tier. So it's placed in one of our four risk tiers and then embarks upon the process of collaborating with us as it develops a site security plan that's ultimately approved and then entering into the regular cycle of compliance---- Mr. Carter. So it is incumbent upon the business to initiate it? Mr. Wulf. It is. Mr. Carter. OK. Mr. Wulf. But we prioritize getting the word out about those reporting obligations because the community of those who hold chemicals is very diverse. Mr. Carter. I see. Right. Mr. Wulf. So it's not only the traditional chemical manufacturers. Mr. Carter. Well, very quickly, because I want to get this in. I have two major seaports in my district. That seems like that would be a bugaboo to try to really have an overview of that---- Mr. Wulf. Yes. No, that's---- Mr. Carter [continuing]. Of everything that's going through those ports. Mr. Wulf. Yes. There is a lot of chemical infrastructure on the water at the ports. Our friends at the Coast Guard have the responsibility actually---- Mr. Carter. OK. Mr. Wulf [continuing]. For managing that. So facilities that are regulated by the Coast Guard are specifically exempted from CFATS. Mr. Carter. Right. Mr. Wulf. So we work very closely with the Coast Guard. Mr. Carter. Good. Thank you very much. Mr. Wulf. Absolutely. Mr. Carter. And I yield back. Mr. McKinley. Thank you very much. Now, if I could, you've been going here almost 2-plus hours on this thing. But let me just conclude with one question, if I could--the privilege of the chair. I want to clarify your answer to Congressman Johnson about the listing of items on Appendix 1, because I've spoken to several chemical manufacturers in our district and they claim that on Appendix 1 is this designation of high priority chemicals--you understand that. They claim the existing statute is silent over whether it's subject to notice in rulemaking versus the sole discretion of DHS. I thought you said that it had to go through notice in rulemaking. I just want for the record you saying it does go under---- Mr. Wulf. Yes. It is part of our regulation and so I have a crack team of lawyers who tell me that as a result of its status in the regulation it is subject to notice and comment rulemaking pursuant to the administrative procedures. Mr. McKinley. So these manufacturers maybe are just mistaken where they think it's silent? Mr. Wulf. Yes. It may not be explicitly addressed in the statute but there are other legal frameworks that apply to it. Mr. McKinley. OK. Thank you very much. Thank you. Mr. Wulf. Absolutely. Mr. McKinley. Seeing that there are no further members wishing to participate and ask questions, I'd like to thank our witness again for being here today. And with that, we will end the first panel. Mr. Wulf. Thank you so much. [Pause.] Mr. McKinley. So if we could, we call up the second panel now--and your placards. [Pause.] OK. We want to thank our witnesses for being here today, many of you just went through the first panel and so we begin the second panel so--and your taking the time to testify before this subcommittee. Today's witnesses will have the opportunity to give opening statements followed by a round of questions from the members that are present. Our second panel for today's hearing includes Chris Currie, Director of the Emergency Management National Preparedness and Critical Infrastructure Protection, Homeland Security, and the Justice Team in the U.S. Government Accountability Office; Mr. Brown, President and CEO of Brown Chemical Company; we also have Mike Wilson, National Director for Occupational and Environmental Health in BlueGreen Alliance; Mr. Roberts, Principal of Chemical Security Group, LLC; and James Conrad, the Principal of Conrad Law and Policy Council on behalf of the Society of Chemical Manufacturers and Affiliates; and lastly, Yvette Arellano, the Policy Research and Grassroots Advocate of the Texas Environmental Justice and Advocacy Services. So we appreciate you. The subcommittee appreciates all of you for being here today and the patience of working with us on this, and we will begin the panel discussion with Mr. Currie for his opening statement of 5 minutes. STATEMENTS OF CHRIS P. CURRIE, DIRECTOR, EMERGENCY MANAGEMENT, NATIONAL PREPAREDNESS, AND CRITICAL INFRASTRUCTURE PROTECTION, HOMELAND SECURITY AND JUSTICE TEAM, U.S. GOVERNMENT ACCOUNTABILITY OFFICE; DOUG BROWN, PRESIDENT AND COO, BROWN CHEMICAL COMPANY; DR. MIKE WILSON, NATIONAL DIRECTOR, OCCUPATIONAL AND ENVIRONMENTAL HEALTH, BLUEGREEN ALLIANCE; STEVE ROBERTS, PRINCIPAL, CHEMICAL SECURITY GROUP, LLC; JAMES CONRAD, PRINCIPAL, CONRAD LAW AND POLICY COUNSEL, ON BEHALF OF SOCIETY OF CHEMICAL MANUFACTURERS AND AFFILIATES; YVETTE ARELLANO, POLICY RESEARCH AND GRASSROOTS ADVOCATE, TEXAS ENVIRONMENTAL JUSTICE ADVOCACY SERVICES STATEMENT OF CHRIS P. CURRIE Mr. Currie. Thank you, Mr. Chairman, Ranking Member Tonko, other members of the committee that are here. I think this hearing is really well-timed. CFATS is over 10 years old. We have spent almost a billion dollars of taxpayer money implementing it, getting it up and running, and industry has spent its own dollars doing the same thing. GAO has been assessing this program for almost a decade, and I want to be clear that we have no position on reauthorization. That's a decision for Congress. Our jobs, as always, is to help you make those decisions with information on how well programs like this are working. In that regard, it's no secret that this program has had challenges. Today, after numerous GAO recommendations and heavy oversight by Congress, CFATS has addressed many of the management challenges it faced early on. I think DHS deserves a lot of credit for that. I think Congress deserves a lot of credit for the oversight. I'd like to summarize just some of our past work and where DHS is in addressing the recommendations. First, just identifying facilities originally that could have been subject to this regulation was daunting and a huge challenge. In 2014, we identified, through our own work, chemical facilities that were not reporting ammonium nitrate holdings, for example, to DHS as they were required to do. We recommended the DHS work with EPA, other agencies, and states to better share their separate data sources to close this gap. Since then, DHS implemented this recommendation and identified 1,000 additional facilities that should have complied with CFATS. Assessing facility risk levels, as was discussed a lot on the first panel, and improving site security plans has also been a complicated process. Specifically, we recommended that DHS improve its process for assessing facility risk, or tiering, as was mentioned, and have this process peer reviewed, and DHS has taken steps to address these issues as well. DHS also eliminated the backlog for reviewing and approving facility site plans, which at one point we estimated to be 7 to 9 years long. More recently, DHS overhauled and streamlined its tools for gathering information from facilities and assessing the risk and, according to most industry officials and facilities we have talked to so far, the new tool is much easier to use and understand. As of June 2008, DHS told us they've processed hearing results for all but 226 facilities nationwide. Compliance inspections are also a critical piece of the program. These inspections ensure that facilities are implementing and maintaining the security measures in their plans. In our 2015 report, at that time DHS had only done 83 of these inspections. They recently told us the number is now up to over 3,500, and this is promising, but DHS still hasn't fully implemented our recommendation to establish a final procedure for conducting these inspections. They have one in draft that they are using and they tell us they expect to finalize that later this year. However, just fixing past problems is not enough to declare victory. Now it's an important time, I think, to shift our mind set from establishing the functional components of a regulatory program to questions about what do we expect from CFATS in the future. Many of these will be addressed in the report we plan to issue next month. First, it's critical that the CFATS program be able to measure over time how risk and vulnerability are actually being reduced and not just focus on outputs like inspection numbers. In the past, we have found weakness in how the program measures performance and we continue to assess their progress in this area. Second, the program must evolve and can't be static. New security threats such as cyber have to be constantly considered. Also, the program is in a unique position to help the industry by communicating these threats and best practices. Further, a balance must be struck between sharing information and protecting security. For example, recently deadly incidents show how important it is that first responders know what they are responding to at these facilities and how to address it. We are assessing these and other issues in our ongoing work and, as I mentioned, we expect a report out on those specific things next month. This concludes my statement and I look forward to the discussion. [The prepared statement of Mr. Currie follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. McKinley. Thank you, Mr. Currie. And now the chair recognizes Mr. Brown for his 5 minutes. STATEMENT OF DOUG BROWN Mr. Brown. Good morning, Vice Chairman McKinley, and Ranking Member Tonko, and members of the subcommittee. My name is Doug Brown and I am President and CEO of Brown Chemical, a chemical distributor based in Oakland, New Jersey. I am also the current chairman of the National Association of Chemical Distributors--NACD. I thank you for holding this important hearing today on the Chemical Facility Anti-Terrorism Standards program and I am pleased to provide testimony. Brown Chemical was founded in 1936. It is a fourth generation family-owned and operated business with 14 employees. We operate facilities in Oakland and Patterson, New Jersey. Brown Chemical direct sells, distributes, or packages over 350 products to approximately 400 customers in 41 states. We've been practising NACD's responsible distribution since its inception in 1991 when it became mandatory for all association members. This comprehensive program addresses environmental, health, safety, and security risks. Members companies are third-party verified to ensure the highest quality of performance in these areas. While security has always been an inherent element of responsible distribution, after the September 11 terrorist attacks NACD specifically added security elements to the program and the association continues to enhance these requirements. In 2013, NACD added a specific security code to responsible distribution and consolidated many prior requirements and improved others. Brown Chemical supports a long-term reauthorization of CFATS. I believe the CFATS program has made the chemical industry in our nation more secure. Since the program's establishment in 2007, the industry has invested significant capital and training resources for its enhanced security measures at our facilities. While these investments did not help grow my business, they nonetheless ensured the security of my company, our employees, and the community. It is undeniable there were growing pains in the first few years of CFATS. The Department of Homeland Security has worked hard to address these issues and has made substantial improvements to run the program more efficiently. One reason for the success of the CFATS program is the fact that DHS has taken the time to truly learn about the diversity of the chemical industry and work with companies on security measures that meet the CFATS risk-based performance standards. DHS has taken a collaborative common sense approach in implementing the program while providing flexibility to each unique chemical facility in doing so. The clear objective of the CFATS program is to help facilities be more secure while not taking a punitive approach. DHS has excelled in outreach to the industry in three key ways: by publishing numerous fact sheets and lessons learned documents, by interacting with facility owners and operators during the chemical sector security summits and other industry meetings, and always making inspectors and headquarters personnel available to talk through issues and answer questions. The 2014 reauthorization of the CFATS program, which, for the first time provided CFATS a multi-year authorization, further enhanced security efforts by providing regulatory certainty to both industry and DHS. This stability allowed DHS to increase efficiencies in the program while streamlining the information submission process for regulated facilities. I believe the CFATS program is strong and needs minimal change. One priority I can recommend is to require that any changes to the Appendix A chemicals of interest list remain subject to notice and comment rulemaking. Changes to the COI list could have major impacts on my business operations and security investments. Changes may be needed upon discovery of new threat information. But it is important for regulated companies like mine to be able to provide information to DHS and explain the impacts of any proposed changes. I also support the creation of a program under which DHS would recognize companies that meet certain criteria such as participation and an environmental health, safety, and security program like responsible distribution. By acknowledging responsible distributors through measures like less frequent inspections, DHS would then be able to prioritize resources on the noncompliant outliers that may pose a greater security risk. Brown Chemical supports the CFATS program and looks forward to working with the subcommittee on legislation to reauthorize this important regulation. A multi-year reauthorization of CFATS will provide the certainty needed to enhance the security of my chemical facilities and our nation. On behalf of Brown Chemical, I appreciate this opportunity to present our views on this important issue and I look forward to your questions. [The prepared statement of Mr. Brown follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. McKinley. Thank you, Mr. Brown. And then next on the panel, Mr. Wilson with BlueGreen Alliance--your opening statement, please. STATEMENT OF MIKE WILSON Mr. Wilson. Thank you, Mr. Chairman, Ranking Member Tonko, and distinguished members. My name is Michael Wilson. I am the National Director for Occupational and Environmental Health at the BlueGreen Alliance. On behalf of our organization, our national labor and environmental partners, and the millions of members and supporters they represent, I want to thank you for convening the hearing today and for your interest in chemical safety and security. I am familiar with the risks of industrial hazards because I had the privilege of working for 13 years as a professional firefighter, paramedic, and EMT, during which time I responded to about 10,000 emergency calls. I worked in a city with heavy industry centered around agriculture, so there were many facilities that used chlorine and ammonia and other agricultural chemicals. Responding to an incident at one of these facilities meant grappling with a lot of uncertainty because the facilities weren't required to invite us in and involve us in planning or training for an emergency. In general, I would say they relied on us if they had an emergency but they were reluctant to help us improve the safety and effectiveness of our response. Without a doubt, emergency response is a necessary aspect of chemical safety and security. But it's an indicator of a failure. It's a measure of last resort where thoughtful planning and prevention have broken down. EPA reported this year that most serious chemical accidents are preventable if the necessary precautions and actions are taken and yet serious industrial chemical accidents continue to occur every 2 \1/2\ days across our nation. Last year, EPA estimated that about 177 million Americans live close enough to an industrial facility to be affected by a chemical accident and that these risks fall disproportionately on low-income and minority communities. CFATS responds to this problem by requiring companies to surround dangerous chemicals with security measures and yet, as many experts have noted, these measures require continual updating to thwart the efforts of a motivated actor. Perhaps it is in response to this challenge with security measures that thousands of facilities seem to be shifting to prevention strategies. DHS noted last year that companies reported taking action to prevent risks on about 250 dangerous chemicals by replacing those chemicals with safer ones, reducing the quantities held on site, or switching to less concentrated formulations. If DHS is confident in the veracity of these claims, these actions do more than manage risks. They actually reduce the risk footprint, and in this way they provide protection not only from an intentional attack but also from an extreme weather event, earthquake, power outage, or mechanical failure risks that we've heard from several members today. On the other hand, there are about 3,400 facilities that have remained in the CFATS high-risk tier and which pose a substantial risk to workers and communities. Changes to the CFATS program are needed to reward the leaders and move the laggards up. CFATS could be strengthened with updated requirements in four areas: one, risk management; two, risk prevention; three, meaningful participation by rank and file worker representatives; and four, emergency response. The State of California, the third largest refining state in the country, adopted these approaches last year in a sweeping new refinery safety regulation, which was motivated by a large flammable vapor explosion at the Richmond Chevron refinery. That incident created a 100 square meter vapor cloud that ignited and endangered the lives of 19 workers and caused some 15,000 people downwind of the plant to seek medical attention. California's comprehensive new regulation is informed by the industry's own best engineering and management practices developed over the last 20 years and largely shifts from a risk management to risk prevention framework. While California is improving the safety of refineries in communities, however, U.S. EPA is proposing to substantially weaken the Federal chemical disaster rule by rolling back most of its key provisions, including all 10 of its prevention requirements. These changes will endanger the lives of my former co- workers in the U.S. Fire Service. They will endanger workers and millions of community members and their families who live around our nation's chemical facilities. The chemical disaster rule should be retained in its original form, not weakened or delayed, as the administration has proposed. We can and must prevent chemical accidents. I urge you to use the reauthorization of CFATS as an opportunity to strengthen the program. The results would be fewer explosions, fewer injuries and deaths, and a far more resilient industrial infrastructure. In closing, I would like to thank you again for this hearing and for granting me the opportunity to appear, and I will be happy to answer any questions. Thank you. [The prepared statement of Mr. Wilson follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Harper [presiding]. Thank you, Dr. Wilson. The chair will now recognize Mr. Roberts for the purposes of an opening statement. You're recognized for 5 minutes. STATEMENT OF STEVE ROBERTS Mr. Roberts. Thank you. Good afternoon, Mr. Chairman, Ranking Member Tonko, and other distinguished members of the subcommittee. As a security consultant and lawyer, I've been fortunate to participate and work in the CFATS program from the very beginning since 2007, more than 11 years ago now, and have seen during that time and have participated in dozens of refineries, chemical plants, paint and coating manufacturers, agricultural facilities, aerospace and defense--a range of CFATS facilities that Mr. Wulf spoke about earlier in this testimony. Against this backdrop, I am pleased to offer the following comments for the committee's consideration: first, reauthorize CFATS for multiple years; second, further enhance the transparency of the risk tiering process; third, update the CFATS rulemaking process; and fourth, ensure that there is greater consistency among inspectors and the inspection process. First, reauthorize CFATS. When the first standalone CFATS legislation was introduced 4 years ago, we find ourselves back now at the same time, as that legislation nears the end of its life. I can certainly say that industry needs the certainty of CFATS and reauthorization of CFATS to continue to make its investments in the program and continue to implement the program. I think DHS also needs the certainty of CFATS to ensure its long-term viability of programmatic changes. Second, with respect to transparency and risk determination process, which we've heard about quite a bit today, ISCD has certainly improved the transparency of its risk process. They have done many things to help the regulated community understand why they may be tiered or not tiered, and includes things like webinars, fact sheets, and the like. Most significantly--and the agency should get a lot of credit--you are willing to call up the agency and have a so- called technical consultation, essentially asking why am I tiered, is there something that I could do, is there something I need to know, is there something that's correct or perhaps incorrect in this process. And while often that doesn't change the needle, unless there was some kind of error omission, the mere process of being able to have that conversation with the agency is very helpful and welcome. That sort of dialogue was not welcome many years ago at the beginning of the CFATS program and I think the current leadership has a lot to do with that and should be recognized. That's not to suggest that I or the facilities for which I work always agree with the process. In fact, many times, especially with respect to the most recent CSAT 2.0 resteering process, companies have said to me, why am I tiered--can I appeal that tiering decision--and the answer is no. The regulation does not provide for any kind of appeal mechanism. In fact, allowing a straight appeal would probably swallow the regulation. DHS would spend all of its time on appeals and not being able to articulate and move forward with the program. So I don't think a straight appeal would be appropriate. But something more formal than a technical consultation but something less than a formal appeal would certainly help facilities to understand is there something they can do, especially on the consequence side of the house, for sites that have release flammable or toxic inhalation hazard materials--to bring that risk down, re-file a top-screen, and perhaps get a different result. Right now, we are not able to effectively do that beyond the technical consultation. Third, the rulemaking process--as we've noted today, CFATS has been around for now 11 years. The regulations have not changed one word in that 11-year period, and whether it be Appendix A or other key aspects of the rule, in order to change that rule, to update it, to align it to certain things, that process would need to go through the rulemaking process. DHS started that process in the summer of 2014 through an advanced notice of proposed rulemaking. But that process has now stalled. If we take a look at the current rulemaking agenda for the Department of Homeland Security just published recently, we now see CFATS has been moved to the list of long- term actions. I would urge the committee to require that rulemaking occur so we can update the program necessarily in very material ways that need to occur for both, in my view, industry and for DHS. Fourth, as we've heard a little bit and including from Mr. Currie, ISCD should opt to make authorization inspections-- compliance inspections more consistent, more uniform--ensure that the same level of knowledge, of rigor, of completeness of those processes. ISCD has done a lot toward that and I certainly think--and have worked with many of these inspectors--they are professional, they are courteous, they are very easy going many times and friendly. However, that does not always translate into the same process from site to site, from region to region, even within the same region. That inconsistency sometimes and lack of-- differences in knowledge, understanding the actual tools that DHS uses, the CSAT process, the different approaches to how an inspection actually occurs--the level of detail or lack thereof--is an ongoing source of frustration for many businesses, many companies, especially those that operate facilities from region to region and very clearly see and question why we see so many differences boots on the ground among the inspection team. DHS has recognized that. We hear from them that they are going to take steps and are taking steps, as the GAO has also recognized, to improve and enhance that process, going forward. But I think more is needed. I think further training is needed--minimum standards and better consistency horizontally between the regions and vertically between headquarters and the regions themselves. So with that, I appreciate the opportunity to testify, holding this important hearing, and be pleased to answer any questions you may have. [The prepared statement of Mr. Roberts follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Harper. Thank you, Mr. Roberts. We appreciate that. And Mr. Conrad, we'll now recognize you for 5 minutes for the purposes of an opening statement. Thank you. Mr. Conrad, could you pull that microphone around in front of you a little bit? Thank you. STATEMENT OF JAMES CONRAD Mr. Conrad. The button. There we go. For over a decade, I have been counsel to the Society for Chemical Manufacturers and Affiliates, the only U.S.-based trade association dedicated solely to the specialty and fine chemical industry. For the previous 14 years, I was an in-house lawyer at the American Chemistry Council and so I've been working on chemical facility security since before 9/11 and I've been continuously involved in the CFATS process since it was first enacted in 2006. I've also chaired the ABA's administrative law and regulatory practice section. I am pleased to be able to provide today with SOCMA's perspective on CFATS. CFATS protects high- risk chemical facilities and their surrounding communities by ensuring that security measures are in place to reduce the risk of successful terrorist acts. More than half of SOCMA's 115 manufacturing members are regulated under the program. We strongly supported and we urge Congress to reauthorize the program now before its authorization expires this coming January. A 1-year reauthorization, however, is not desirable because regulatory certainty is crucial to business planning. Complying with CFATS is expensive and time consuming, especially for small businesses. SOCMA's members want the program to be consistent and predictable, and a multi-year reauthorization would give them that assurance. Through the years, the CFATS program has undergone dramatic changes. The early years were a significant challenge for everyone, but the program has vastly improved under the direction of Deputy Assistant Secretary Wulf, whose earlier accomplishments gave Congress the confidence to reauthorize CFATS for 4 years in 2014. SOCMA believes that the program's continued progress is directly attributable to Mr. Wulf's leadership and justifies another reauthorization for a comparable period of years. The most significant recent improvement in CFATS is Version 2.0 of the Chemical Security Assessment Tool, or CSAT. The original CSAT process was clunky and difficult to use, took significant amounts of time and resources to complete. The number-one recommendation of SOCMA's CFATS comments in 2014 was that DHS fix it, and DHS has now done that dramatically, and our members uniformly report that it's much easier to use and far less resource intensive while still giving DHS the information it needs. This improvement is extremely important for SOCMA members, 70 percent of which are small businesses. Most of these businesses cannot afford to have dedicated regulatory compliance staff nor can they afford to hire consultants to do the job for them. While I've thus far applauded DHS's efforts, SOCMA does have some concerns. It first relates to how DHS tiers or assigns risk levels to facilities based on their CSAT submissions. When Congress reauthorized CFATS, it instructed DHS to ``share with the owner or operator of a covered chemical facility any information that the owner or operator needs to comply with this section.'' Congress could revise this language to create a clearer obligation for DHS to share with the facility the exact reason for its tier assignment. That would help them understand how they could lower their risk tiers. The second concern is the personnel surety program. Currently, PSP only applies to tier one and two facilities, but DHS is considering applying it to tiers three and four. SOCMA believes this is premature. These facilities, by definition, pose lower risks and the PSP program continues to impose burdens in terms of time and delay. SOCMA believes DHS should work with the Department of Justice and the FBI to rigorously assess both what risks are avoided and what costs are imposed by the process, and we think such a multi-agency review is necessary before we expand it further. We also believe CFATS should recognize voluntary industry programs that enhance the safety and security of hazardous chemicals and thus complement what the CFATS program does. The leading chemical industry trade associations have organized and implementing demanding stewardship initiatives such as SOCMA's ChemStewards to manage and improve environmental health, safety, and security performance--a public-private partnership that leveraged these industry stewardship programs like ChemStewards to benefit both chemical facilities and the public. And then last, I will emphasize a point that's been made before about the continuing importance to use rulemaking in amending Appendix A, and I will agree with Director Wulf. Currently, the Administrative Procedure Act requires Appendix A to be changed through rulemaking because it's already part of the rule, and so that will continue to be the case, unless that were to be changed by new legislation, which we would not support because it's important for facilities to be able to get the information to the DHS that it needs to understand them. The bottom line is that CFATS is working and working far more successfully and efficiently than a lot of other regulatory programs. CFATS inspectors generally interact well with facilities and the agency has an effective compliance assistance program. Facilities are more secure and the public is safer today because of this program. Congress should reauthorize it to maintain that progress. Thank you. [The prepared statement of Mr. Conrad follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Harper. Thank you, Mr. Conrad. The chair will now recognize Ms. Arellano for 5 minutes for the purposes of an opening statement. Welcome. STATEMENT OF YVETTE ARELLANO Ms. Arellano. Thank you, Chairs and Ranking Members, of the Energy and Commerce Committee and Subcommittee on the Environment. Thank you for this opportunity to speak on the proposed rule to roll back and eliminate critical protections for my community in Houston Texas that are part of EPA's 2017 chemical disaster rule. I am disappointed that the EPA and its rulemaking has chosen to only hold one hearing in Washington, D.C., making it difficult for voices like those in my community to be heard. But I am relieved that I can bring my experience to this hearing. My name is Yvette Arellano. I am here on behalf of Texas Environmental Justice Advocacy Services. We are a nonprofit working to educate and mobilize our community in southeast Houston, including Manchester and the surrounding neighborhoods, which have high concentrations of chemical facilities. The EPA is required to regulate effectively under the risk management plan and CFATS. This exposes our communities which include significant communities of color and low-income families to more toxic air, pollution, and disproportionate harm from chemical disasters. As illustrated too well from Hurricane Harvey, too often we experience a toxic flood on top of the threats we already face from hurricanes and heavy rains. That comes on top of disparate health and safety impacts we already face around the year because EPA refuses to do its job to protect us from the frequent toxic releases and pollution these facilities send across the fence line into our communities. At Hartman Park, which is right across the street from the Valero refinery, communities painted a mural reflecting that nearly every child that plays in the park is in the shadow of a nearby chemical facility--a far cry from what people at this hearing see out of their window in Capitol Hill and D.C. Communities in Manchester never know which incident requires evacuation or sheltering in place. We hear the sirens go off. I heard the sirens go off, or alarms go off, for a vote and that sent my stress levels high. People live in constant fear of releases or incidences while their children are playing outside. In hurricane seasons, it's bad enough that families have to prepare for their lights to go out and ensuring that they have enough food and water. No one should have to shelter in place due to a hurricane as toxic chemicals flood their homes, wondering what to do if facilities down the street will have a catastrophic explosion, chemical fire, chemical release, as what happened in our community and neighborhoods during Harvey. People deserve the right to know the information necessary to make informed decisions for them and their families. The chemical disaster rule contains important safeguards that would help communities like mine and across the country with common sense provisions, most importantly, for our already over exposed communities. We need this fully effective right now and we need to require facilities to take action to prevent fires, explosions, and disasters including by ensuring they actually look for safer ways to operate before a disaster starts. It also would have increased the availability of basic information we need to know, like chemical safety data sheets and emergency response contacts so communities can try to find ways to protect ourselves if a serious incident happens. Community members should get the information from each incident they're exposed to without delay and it's essential for facilities to do real incident investigation reports that they cannot ignore in planning to prevent future problems. I want to highlight that the rule finalized in early 2019 and came afterward by the EPA and after over a hundred groups working with TEJAS called for action, starting in 2011, as disasters were happening across the country and people in Washington, D.C. didn't seem to pay attention. It also provided for a better coordination through sharing information first responders need and assuring practice notification and exercises happen to prepare without delay. EPA cannot justify repealing all of the prevention and weakening other important requirements and it has refused to face the fact that it's taking away protections meant to save lives and prevent harm, especially to communities like ours, right across the fence line from chemical facilities. These rollbacks don't come without community costs as fires, toxic releases across the country on this administration's watch, especially the Arkema explosion in Crosby after Hurricane Harvey, demonstrated. A lack of information puts the surrounding community and first responders in jeopardy. First responders on the scene had to be evacuated and received medical treatment for inhaling dangerous chemicals from the blast. Community members are still dealing with the aftermath of chemical debris which is visible on their lawns and cars. The Valero refinery and other nearby facilities released a spike of benzene and other toxic chemicals. But most of these were missed because EPA and states turned off or moved most of the air monitors. I urge this committee to consider the impacts on your neighbors, on our neighbors, our families, without critical protections like those in the chemical disaster rule and ask you to call on President Trump and the administration and Administrator Pruitt to drop the hazardous plan that the EPA is considering which would revoke lifesaving protections for communities across the country, preventing children and vulnerable communities from chemical disasters. The way EPA originally found was necessary should not be a partisan issue and we call on Congress and EPA to protect communities, not chemical companies. Communities across the country remain in harm's way and this is especially scary as we drive around Houston with billboards saying hurricane season has begun--be prepared. [The prepared statement of Ms. Arellano follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Harper. Your time has expired. I apologize. We'll give you opportunity during the questioning. Thank you very much. It's now time for the members to ask questions. I want to thank each of you for your appearance here and for your insight and the experience that you bring. And Mr. Roberts, I would like to ask you a question first. We've from GAO that one of the challenges faced by DHS with the implementation of CFATS is compliance enforcement. Your written testimony points out that there's inconsistency with inspections and enforcement from region to region. Can you elaborate some on that and perhaps give us some suggestions on how to correct that? Mr. Roberts. Certainly. Let me emphasize again the inspectors are, almost without fail, are extremely helpful. They're friendly, professional, but there continues to be a lack of, it seems, consistent knowledge in various areas of the program, including the specific way the regulation itself may work--the confusion oftentimes between what regulation is and implementing guidance. As we know, CFATS is a risk-based performance standard. That means that DHS can't prescribe the particularly security measure a facility must implement or may not--or does not need to implement for plan approval, and we've had many instances over the years, especially as DHS has upticked, obviously, it's compliance inspections in the last few years where the specific manner and nature of those inspections simply is not the same region to region and even within the same region. Some of that may go back to training. Some of it may go back to the prior biases or lack thereof of the inspector who may come from a prior Federal background. Some of that goes to, on a positive side, with familiarity of an inspector with the site so they may not feel the need to continue to go very deeply sometimes. But the way a particular inspector assesses things seems to lack any real consistency from site to site, region to region. Mr. Harper. And I appreciate the way you have elaborated on that. So is this a training issue that we are talking about or is it just something that, because of the different experiences, we can't correct? Mr. Roberts. No, I think it absolutely is a couple of things. One is training around the actual rule--training around the CSAT portal--how it works. We've had instances where inspectors would ask a facility to do something in their top-screen that is not possible because the top-screen doesn't allow that type of data to be inputted. So that just shows me that that particular inspector may not understand how the top-screen itself works. Certainly, training of the regulation--the top-screen tool, the CSAT suite of tools that Mr. Wulf mentioned--certainly, the guidance--difference between guidance and regulation, and I think, as DHS has indicated, as GAO has indicated, as DHS has said in other occasions, they are putting together some more specific directives, some more specific guidance material for their inspectors. I think this is one area where actually a checklist would be helpful in terms of understanding what an inspection should do, what we should look for, the level and detail an inspection should occur, site to site, region to region, regardless of the particular nuances of the facility. There are some basic things that should occur every time. Mr. Harper. Thanks, Mr. Roberts. Mr. Conrad, if I may ask you--I know we've had some that would argue that information from CFATS-regulated facilities is not available to people who should know it. What would be your response to that? Mr. Conrad. I would say that if that's true it's because the systems we have in place to make that happen aren't working. There is a statute, the EPCRA--the Environmental--the Emergency Planning and Community Right to Know Act--that originated in this committee whose sole focus is to make sure that state and local emergency planning bodies and fire departments are provided with all the information that they need to plan for emergencies of whatever sort--natural as well as security related--and to be able to respond to them, and the statute couldn't be clearer that, for example, those facilities shall promptly provide information necessary for developing and implementing the emergency plan. So it's not qualified, and it requires submission of lists of safety data sheets or the safety data sheets themselves, inventories of chemicals, or, upon request, the maximum and average amounts of a chemical on the site, where it's stored, how it's stored, and that information, in turn, can be made available to the public. And specifically with respect to fire departments, it says that the owner or operator with the facility shall allow the fire department to conduct an on-site inspection of the facility and shall provide to the fire department specific location information on hazardous chemicals at the facility. So we think the statute is sound. It may well be appropriate for this committee to conduct oversight on why it is the LEPAS perform more or less well in certain areas. But the CFATS program doesn't restrict any of that. To the contrary, the statute that you all passed 4 years ago expressly preserves all those sorts of information disclosure statutes from any effect by a result of the CFATS program. In fact, this is the CVI guidance from DHS from the Bush administration, no less, state--note, state, local, and tribal officials including first responders must have access to any information that is necessary to plan for and respond to an emergency event at a chemical facility. It's equally important that this information is available in a form that is readily accessible and easily disseminated. In most cases, a facility can provide this information that contains all necessary operational and facility-specific information and excludes CVI. But then, as Mr. Wulf said, there's a way for sharing CVI, too. So the systems that--the legal system, I think, is sound. It's just a question of whether it's really working well. Mr. Harper. Thank you very much, Mr. Conrad. The chair will now recognize the gentleman from New York, Mr. Tonko, the ranking member of the subcommittee. Mr. Tonko. Mr. Tonko. Thank you, Mr. Chair. I believe we must acknowledge that the CFATS program is not comprehensive and that security gaps do indeed exist. Director Currie, can you give us a sense of the quality of information given to first responders near CFATS facilities? Mr. Currie. Yes, sir. So actually in our ongoing review that we'll issue a report on next month we are looking at that very issue and it relates to what Mr. Conrad is saying. He's right that there's never been an assessment of the process itself under CFATS for how well they're coordinating with the local emergency planning committees and what they're providing. That's exactly what we are looking at. We are digging into that process to figure out how they're coordinating with those committees and what information specifically those committees and first responders are actually getting. And so, we'll report on that next month. Mr. Tonko. You will share that with this committee? Mr. Currie. Yes, sir. Mr. Tonko. The subcommittee, please. Have they always had all the information in preparation necessary to respond to incidents at these facilities? Mr. Currie. Well, I think one of the things we are looking at, as we've talked about today, the CFATS program has only been around 10 years and some of these other programs have been around much longer. So, in the early stages of the program that was not the focus. The focus was getting facilities enrolled and things like that. So, this is something that's evolved over time. Nobody's really looked at it, and so that's why we are taking a look at it. It's an extremely important issue. These are life and death situations and it's important they have the information they need to respond. Mr. Tonko. Thank you. If first responders do not have all the necessary information, it makes those security gaps even worse. Dr. Wilson, what is your sense on some of the security gaps in the CFATS program? Do you have any thoughts on the exemptions that exist in the program? Mr. Wilson. Sure. I think with regard to exemptions, we heard earlier around waste treatment nuclear and maritime, and I think it's worth assessing whether and to what extent security is an element of the safety programs in those sectors. And the reason I say that is that in practice, I think there's a cultural and operational divide between safety engineering and security provisions and yet security and engineering are interrelated. So good engineering design drives down both safety and security risks but security is often missing from engineering practice. So last month, the American Institute of Chemical Engineers had its conference with a keynote address by the FBI, and the reason for that appearance by FBI was to encourage engineers to include security in their scope of practice rather than relegating it, in a way, to traditional barriers, monitoring, and response approaches. And so I think it would be worth evaluating if these exempted sectors are meeting the CFATS 18 performance standards and if they're effectively integrating security into engineering practice. Mr. Tonko. So, from that, I can assume that first responders often--that they may not know exactly what is at a facility before having to respond to the incident? Mr. Wilson. I would say it's a perennial problem. Despite the requirements of the Emergency Planning Community Right to Know Act, there are gaps in information, in particular in transmitting information to first responders. One of the problems with the local emergency planning committee structure is that the members of those committees are serving voluntarily and yet there is a lot asked of those members. I served as the state's representative--the state Department of Industrial Relations representative--to our state emergency response committee in California and saw firsthand the difficulty that those members of the local committees--the challenges that they carried in trying to implement the requirements of a EPCRA and transmitting information effectively and so forth. Mr. Tonko. I have concerns with EPA's recent decisions around the RMP rule. Can you discuss some of the provisions that were delayed and what would be rolled back from the latest RMP proposal? Mr. Wilson. There are 10 provisions having to do with incident prevention that are being proposed for removal from the program, and we could go through and catalog each of those. They are, I think, the most fundamental and most sort of protective aspects of the RMP that have been proposed. And as I said earlier, one of the reasons I am very concerned about that is because of the fact that prevention elements provide protection against multiple threats, and we've heard from many members today about not only the threat of an intentional attack against a facility but the very real threat of a natural disaster, of an earthquake--as we are in California--of a mechanical failure, and we heard of power outage and so forth. And so prevention elements or prevention requirements drive down that risk footprint in the face of all of those threats. Those are proposed to be thoroughly removed under the RMP proposal that we are hearing from the administration. Mr. Tonko. Thank you, Dr. Wilson. With that, I yield back. Mr. Harper. The gentleman yields back. The chair will now recognize the gentleman from Texas, Mr. Green, for 5 minutes. Mr. Green. Thank you, Mr. Chairman. I want to thank our panel for being here today. As I said earlier in our first witness, CFATS was created because of what happened in West Texas. But as we found out that--and I think the last thing I heard that that was arson and still being investigated--but our real challenge is from natural disasters, like you just said--earthquakes in California, hurricanes and tropical storms in the Gulf of Mexico. That's what I would like to focus more on and see how we can correct it. I have a district in East Harris County, and Ms. Arellano is very correct--Manchester has a chemical plant on the west side, a thank farm on the north side before the Houston ship channel, and a refinery to the east side, and on the south they're covered by railroad tracks. And that's where Houston literally started back in the 1830s and 1840s. The Manchester area was actually called Harrisburg before there was a city of Houston. And so we see a lot of these challenges in urban areas where industry is literally right next door to people who have lived there and it's in Manchester for 50 years. I know two generations at least in that community. One of the concerns I had was that during our Hurricane Harvey--and I guess I should understand that when it was coming in, our air monitors were shut down. I've been told that I have probably the most air monitored district in the country because we have EPA. We have the city of Houston there they have jurisdiction. We have the county of Harris with a pollution control agency and, of course, the State of Texas, and it's not just the air monitors but the other issue is that most of the rising water was literally on the bottom of those plants and refineries and chemical plants because of the 55 inches of rain in four days--how can you do it? The other problem, though--and I hope the industry is listening because we've talked about it--is that we have huge tanks that hold product, either crude oil or refined product, and the way they're filled up is that they have floating roofs. The problem is when you get that much water on that roof, those rooves actually turn and you end up--whatever the emissions come from that, but it also can overflow because of the heavy rain. So we've got a lot of challenges in our area and to keep working with it, but we used to have community groups, and I hardly hear about them anymore--Manchester, Pasadena, Bay Town--the community groups, and I would go to those meetings sometimes and the industry would come in and sit down with their neighbors along the fence line, and I am not so sure those are still going. Is that still active in other parts of the country and maybe not in our area? Mr. Wilson. Is that question to me? Mr. Green. Yes. Mr. Wilson. I am not aware of those kinds of meetings taking place but I absolutely agree with your characterization of the problem. One of the things that California has done in its refinery safety regulations has required companies to look at inherently safer technologies wherever feasible and it has also required, and I think in the example that you have just given, risk management strategies that require redundancy and independence of safeguards to prevent a cascade of failures so, for example, in the event of a power failure, losing safeguards, one after the other. And of course, California is the third largest refining state and is, you know, producing jet fuel and gasoline. It's inherently hazardous, and so we felt it was important to be very clear about the importance of introducing and requiring, actually, independence and---- Mr. Green. I only have 26 seconds. Mr. Wilson. Sorry. Mr. Green. And I agree, because even with the Arkema problem--wasn't in our district but the redundancies weren't there. In fact, our Harris County district attorney has launched an investigation into that plant and see why it didn't. Ms. Arellano, in your testimony, you talked a lot about how communities like ours in Houston face additional challenges during natural disasters due to their proximity to these plants. What recommendations would you do for industry to improve their relationship with community groups and civic clubs, because I visit Manchester civic club as often as I can and, typically, one of our refinery staff is there to answer questions. What are some of the suggestions TEJAS would tell us that we could do and inform people in the neighborhood but also, just how we can do this better? Because those refineries and chemical plants are probably not going to move because they've been there for 50 years. Ms. Arellano. These industry partners, they do come out to the civic associations. But they talk about scholarships. They talk about fire, indoor air pollutants. They'll hand out fire detectors. But they won't talk about the latest expansion. They won't talk about a permit notice they had out--like the one they have out that would increase hydrogen cyanide from 52 tons to 512 tons. They'll go ahead and they'll speak about a backpack giveaway event but not give any real information. So I would say having true and real information going between industry partners and neighboring communities is vital to this process. The other thing that I would like people to consider is a cumulative analysis of the TCQ is supposed to have some sort of cumulative analysis program. It's important for us to know exactly the impacts of all the neighbors. Just like you said, there is Contanda Chemical, it's 87 CO carbon storage tanks with a capacity of a thousand to 74,000 barrels of chemical product. At Valero Refining, it has 164,000 barrels per calendar day of refining, and then the sulfuric acid plant that's Eco Services, original Rhodia. So it's important for us to know the impacts of all of these aggregated together. RMP facilities have these radiuses. But we are not accounting for the toxic impacts on the communities, and adding all that information, to not say that four facilities are exposing the community to 10 cancer-causing substances but instead saying this community is exposed to 40, and taking into account that all of them have safety hazards and all of them have chemical releases, they all are exposed to fires and incidences whether it is--people keep talking about these terrorist attacks but the communities are exposed to daily toxics. They're more frequently exposed to fires from chemical releases and fugitive emissions than they are a terror attack. So I would hope that this committee considers these everyday problems with community members in the decision to keep going forward and give people the opportunity to make their own decisions--safe ones for them and their families. Mr. Harper. The gentleman's time has expired. Seeing that there are no further members wishing to ask questions, I want to thank each of you for being here today and for the knowledge and information that you have shared with us. It's very, very helpful. Before we conclude, I would like to ask for unanimous consent to submit the following document for the record--a letter from the Chemical Facility Anti-Terrorism Standards Coalition. Without objection, so ordered. [The information appears at the conclusion of the hearing] Mr. Harper. And pursuant to committee rules, I remind members that they have 10 business days to submit additional questions for the record, and should you get any of those questions I would ask that you submit your responses within 10 business days from the receipt of such questions. Without objection, the subcommittee is adjourned. [Whereupon, at 12:44 p.m., the committee was adjourned.] [Material submitted for inclusion in the record follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]