Date: Tue, 7 Jul 2009 08:17:08 -0700
Reply-To: NEAL LANGERMAN <neal**At_Symbol_Here**CHEMICAL-SAFETY.COM>
Sender: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
From: NEAL LANGERMAN <neal**At_Symbol_Here**CHEMICAL-SAFETY.COM>
Organization: ADVANCED CHEMICAL SAFETY
Subject: Chemical Facility Anti Terrorism Bill
Comments: To: safety**At_Symbol_Here**LIST.UVM.EDU

As a result of hard work by the ACS staff and members of CHAS, the following wording was placed into House Bill 2868 – which revises and amends the 2006 Chemical Facility Anti Terrorism Act.

It includes provisions for academic and nonprofit research laboratories.

Relevant language excerpted below.

‘‘SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS.

‘‘(b) RISK-BASED CHEMICAL SECURITY PERFORMANCE STANDARDS.—The Secretary shall establish risk based chemical security performance standards for the site security plans required to be prepared by covered chemical facilities. In establishing such standards, the Secretary shall—

 ‘‘(3) provide, as appropriate, academic laboratories with modified or separate security measures that recognize the smaller quantities, highly distributed environments, and short periods of time that characterize the substances of concern at academic laboratories.

From the definitions section:

 ‘‘(13) The term ‘academic laboratory’ means an area owned by an eligible institution of higher education defined pursuant to section 101 of the Higher Education Act of 1965 (20 U.S.C. 2001) or a nonprofit research institute or teaching hospital that has a formal affiliation with a college or university where relatively small quantities of chemicals and other substances are used on a non-production basis for teaching, research, or diagnostic purposes, and are stored and used in containers that are easily manipulated by one person, including photo laboratories, art studios, field laboratories research farms, chemical stockrooms, and preparatory laboratories.

This is a big help to laboratories impacts by CFATS.  Now the Senate must act with the same language.

Neal

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