New chemical rules won't override states

AP reporter Beverley Lumpkin writes on August 1, 2007 that new federal rules giving the Bush administration authority for the first time to regulate and even shut down chemical plants will not overrule stricter state rules already in place, according to a letter sent Sunday to lawmakers by Homeland Security Secretary Michael Chertoff. Rules for New Jersey or any other state that are tougher than the federal ones will be "grandfathered in"—that is, will not be overridden, according to Chertoff's letter.

"If a state measure to regulate security at high-risk facilities does not conflict with, interfere with, hinder, or frustrate the purpose of DHS's regulations, it would not be pre-empted," Chertoff wrote. Lumpkin writes that Lautenberg was not mollified. "Rather than let New Jersey and other states move forward defending our communities from attacks on our chemical facilities, the Bush administration is trying to freeze us in our tracks," said Scott Mulhauser, a spokesman for Lautenberg.