An Attack Against Chemical Facilities Could Cause Economic Harm and Loss of Life

Experts agree that chemical facilities present an attractive target for  terrorists intent on causing massive damage because many facilities house  toxic chemicals that could become airborne and drift to surrounding areas  if released. These estimates include the  residential population located within the range of a toxic gas cloud  produced by a “worst-case” chemical release, called the “vulnerable zone.”  According to EPA, 123 chemical facilities located throughout the nation  have toxic “worst-case” scenarios where more than one million people  would be in the “vulnerable zone” and could be at risk of exposure to a  cloud of toxic gas. No Federal Requirements Specifically Require Chemical Facilities to Address the Threat of Terrorism

No federal laws explicitly require that chemical facilities take security  actions to safeguard their facilities against a terrorist attack. A number of  federal laws impose safety requirements applicable to chemical facilities,  but these requirements do not specifically address security preparedness  against terrorism. However, these safety requirements may help mitigate  the effects of such an attack. EPA’s Views of Its Authority to Require Chemical Facilities to Prepare for Terrorist Acts

EPA believes that the Clean Air Act could be interpreted to provide  authority to address site security from terrorist attack at chemical  facilities. However, EPA has not attempted to use these Clean Air Act  provisions. EPA is concerned that such an interpretation would pose  significant litigation risk and has concluded that chemical facility security  would be more effectively addressed by passage of specific legislation. Federal Agencies Have Not Comprehensively Assessed the Vulnerability of the Chemical Industry to Terrorism, but Have Taken Some Preliminary Steps

The federal government lacks comprehensive information on the chemical  industry’s vulnerabilities to terrorist attacks because it has not  comprehensively assessed the industry. However, federal agencies have  taken preliminary steps to assist the industry in its preparedness efforts. EPA plans to work with the industry  on voluntary initiatives but has no plans to monitor or document the  extent to which the industry has implemented voluntary security  measures. Chemical Industry Has Taken Actions to Address Security Concerns, but Faces Significant Challenges in Preparing Against Terrorist Attacks

The chemical manufacturing industry has undertaken a number of  initiatives to address security concerns at chemical facilities, including  developing security guidelines and tools to assess vulnerabilities, but  challenges remain. The ACC requires its members to conduct security  vulnerability assessments and implement security improvements. Moreover, the industry faces a number of  challenges in preparing facilities against terrorist attacks, including  ensuring that facilities obtain adequate information on threats and  determining the appropriate security measures given the level of risk. While the  Secretary of Homeland Security and the Administrator of EPA  commended the industry’s voluntary efforts to reduce the vulnerability of  U.S. chemical facilities to terrorist attacks, they stated that voluntary  efforts alone are not sufficient to assure the public of the industry’s  preparedness. Conclusions

Across the nation, thousands of industrial facilities manufacture, use, or  store hazardous chemicals in quantities that could potentially put large  numbers of Americans at risk of injury or death in the event of a chemical  release. Yet, despite all efforts since the events of September 11, 2001, to  protect the nation from terrorism, the extent of security preparedness at  U.S. chemical facilities is unknown. Agency Comments

We provided the Departments of Homeland Security and Justice, and EPA  with a draft of this report for review and comment. 2. 3. 4.
Why GAO Did This Study

The events of September 11, 2001, triggered a national re-examination of the security of thousands of industrial facilities that use or store hazardous chemicals in quantities that could potentially put large numbers of Americans at risk of serious injury or death in the event of a terrorist-caused chemical release. GAO was asked to examine (1) available information on the threats and risks from terrorism faced by U.S. chemical facilities; (2) federal requirements for security preparedness and safety at facilities; (3) actions taken by federal agencies to assess the vulnerability of the industry; and (4) voluntary actions the chemical industry has taken to address security preparedness, and the challenges it faces in protecting its assets and operations.

What GAO Found

Chemical facilities may be attractive targets for terrorists intent on causing economic harm and loss of life. Many facilities exist in populated areas where a chemical release could threaten thousands. EPA reports that 123 chemical facilities located throughout the nation have toxic "worst-case" scenarios where more than a million people in the surrounding area could be at risk of exposure to a cloud of toxic gas if a release occurred. To date, no one has comprehensively assessed the security of chemical facilities. No federal laws explicitly require that chemical facilities assess vulnerabilities or take security actions to safeguard their facilities from attack. However, a number of federal laws impose safety requirements on facilities that may help mitigate the effects of a terrorist-caused chemical release. EPA believes that the Clean Air Act could be interpreted to provide authority to require chemical facilities to assess their vulnerabilities and to make security enhancements that protect against attacks. However, EPA has not attempted to use these Clean Air Act provisions because of concerns that this interpretation would pose significant litigation risk and has concluded that chemical facility security would be more effectively addressed by passage of specific legislation. The federal government has not comprehensively assessed the chemical industry's vulnerabilities to terrorist attacks. EPA, the Department of Homeland Security, and the Department of Justice have taken preliminary steps to assist the industry in its preparedness efforts, but no agency monitors or documents the extent to which chemical facilities have implemented security measures. Consequently, federal, state, and local entities lack comprehensive information on the vulnerabilities facing the industry. To its credit, the chemical industry, led by its industry associations, has undertaken a number of voluntary initiatives to address security at facilities. For example, the American Chemistry Council, whose members own or operate 1,000, or about 7 percent, of the facilities subject to Clean Air Act risk management plan provisions, requires its members to conduct vulnerability assessments and implement security improvements. The industry faces a number of challenges in preparing facilities against attacks, including ensuring that all chemical facilities address security concerns. Despite the industry's voluntary efforts, the extent of security preparedness at U.S. chemical facilities is unknown. Finally, both the Secretary of Homeland Security and the Administrator of EPA have stated that voluntary efforts alone are not sufficient to assure the public of industry's preparedness.