CQ HOMELAND SECURITY
Nov. 17, 2008 – 8:04 p.m.
Chemical Industry Weighs in With Dingell in Battle With Waxman
By Daniel Fowler, CQ Staff
Chemical industry groups concerned about the imposition of so-called inherently safer technology standards hope to see Energy and Commerce Chairman John D. Dingell retain his gavel in the upcoming challenge by Henry A. Waxman .
“I don’t think Congressman Waxman will . . . be as willing to understand the impact of, specifically the [inherently safer technology] mandate in a chemical security bill and what that will mean for U.S. chemical manufacturing jobs in America vs. Congressman Dingell,” said Bill Allmond, director of government relations for the Synthetic Organic Chemical Manufacturers Association.
The Chemical Facility Anti-Terrorism Standards regulation is set to sunset in October 2009, and Energy and Commerce Committee — and its chairman — will play a central role in determining what happens next.
In June, Energy and Commerce’s Subcommittee on Environment and Hazardous Materials held a hearing on two separate pieces of legislation that would give permanent status to the CFATS regulation that went into effect in June 2007.
SOCMA opposes the bill (
Energy and Commerce did not vote on either bill, but discussions continue with the Homeland Security Committee, which approved the Thompson measure in March, a spokesman for Energy and Commerce said.
Chris Jahn, president of the National Association of Chemical Distributors, said his group wants a straight reauthorization of the existing regulation for at least two years, and believes Waxman “would be more likely to consider a rewrite.”
“Implement the law that’s already on the books and if it needs to be fixed, we can do it at that time,” Jahn said. “But to come in and rewrite the bill and then rewrite the whole law, while it’s being implemented, that’s not something we support.”
As the longest-serving House member and Energy and Commerce Committee’s top Democrat since 1981, Dingell has developed a reputation as an ally of industry — particularly the U.S. auto industry, which is based in his home state of Michigan.
But a committee spokesperson said “speculation that Chairman Dingell would support a straight reauthorization is unfounded. In fact, our staff has met more than a half dozen times with staff from the Homeland Security Committee on reauthorization legislation.”
Waxman, a California Democrat closely aligned with fellow Californian Nancy Pelosi , the House Speaker, is notorious for fiery hearings and playing to the camera, so perhaps it’s not surprising that the chemical industry would be wary of the man who has been called a contender for the title of the scariest guy in town.
“Industry at large, I think, would prefer if Dingell kept his chairmanship,” said Brandon Arnold, director of government affairs at the Cato Institute.
Considering Energy and Commerce’s large jurisdiction, Arnold said, “Waxman would be marching heads of industry into his committee on a regular basis and really asking them some tough questions.”
Chemical Industry Weighs in With Dingell in Battle With Waxman
Not all chemical industry groups are willing to take a public position on the chairmanship challenge.
“Obviously, Mr. Dingell has his views [and] Mr. Waxman has his views on a variety of issues,” said Marty Durbin, managing director of federal affairs for the American Chemistry Council. “But I feel comfortable and strongly that we’ve worked closely with members throughout that committee, at the subcommittee level and the full committee level, and we’re going to leave leadership decisions up to the Democratic Caucus. And I don’t think it’s going to make an enormous difference here,” with regard to chemical facility security regulations.”
While Durbin is concerned about IST language, he said, “I can’t sit here and tell you, ‘Yeah, Chairman Dingell will keep it out and Chairman Waxman would put it in.’ ”
SOCMA’s Allmond seems more certain: “I think Congressman Dingell will actually pause and think about, and be willing to take time to understand and listen to the impact that sweeping new chemical security legislation would have on U.S. chemical manufacturing, especially small manufacturing.”
Daniel Fowler can be reached at dfowler@cq.com.




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