DHS moves to protect Delaware chickens from terrorist attack

[David Farber <dfarber () cs cmu edu>]

Begin forwarded message:

From: "Gerry Faulhaber" <gerry-faulhaber () mchsi com>
Date: August 23, 2007 2:53:43 PM EDT
To: <dave () farber net>
Subject: DHS moves to protect Delaware chickens from terrorist attack

Dave--

I thought IPers would enjoy this news from rural Delaware, famous  
(sort of) for originating the US broiler industry.  Good to know DHS  
is protecting us all from terrorism.  From our local paper:

http://www.delmarvanow.com/apps/pbcs.dll/article?AID=/20070822/ 
DW01/708220314/-1/DW

Professor Gerald R. Faulhaber
Business and Public Policy Dept.
Wharton School, University of Pennsylvania
Philadelphia, PA 19104
Professor of Law
University of Pennsylvania Law School

<snip where you wish>

Could chicken houses be a terrorist target?
By Joseph Gidjunis
Staff Writer



     WASHINGTON -- Chicken houses across the country are one step  
away from being named the newest terrorist targets demanding stricter  
access and regulation, according to the U.S. Department of Homeland  
Security.

     As part of the DHS Chemical Security Anti-Terrorism Standards,  
facilities with more than 7,500 pounds of propane gas -- 1,785  
gallons --  could be considered high-risk. To determine if a facility  
is a security risk, operators must process complete "Top Screen"  
safety measures, including vulnerability assessments, develop site  
security plans and implement protective measures approved by DHS.


     U.S. Sens. Barbara Mikulski, D-Md., Ben Cardin, D-Md., and Tom  
Carper, D-Del., have co-authored a letter to Homeland Security  
Secretary Michael Chertoff demanding answers for what they describe  
as a waste of government time and money.

     The rule affects nearly every poultry grower across the  
Delmarva peninsula, and as many as 20,000 sites across the country,  
because propane gas is the most popular chicken house heating method.  
One house typically has a 1,000 gallon to 1,500 gallon tank attached  
to it. There could be more than 50,000 facilities subjected to the  
report in the United States, according to the National Propane Gas  
Association.

     "We appreciate the fact that Homeland Security does have a  
responsibility to the security of this nation, but in terms of what  
is considered a threat, I would think chicken houses would be so far  
down on the list that nobody would ever find it," said Worcester  
County farmer Virgil Shockley, who has 9,000 gallons heating six  
chicken houses.

     If the rule is approved, the regulations would require farmers  
to take 25 to 30 hours to fill out Internet-based reports. This  
process could prove taxing, if not impossible, because of a lack of  
high-speed Internet access across parts of Delmarva. Using unsecured  
connections at public libraries isn't a realistic possibility either,  
said Bill Satterfield, executive director of Delmarva Poultry  
Industry. DPI, which serves as the region's research and lobbying arm  
for more than 1,400 poultry growers and four major firms, encouraged  
its members to take action last May because violations are fined  
$25,000 per day.

     The letter the U.S. senators wrote to DHS earlier this month  
requested an explanation as to why the regulations are necessary for  
such a low amount of the chemical. No reply has arrived.

     "The raising of poultry is a major industry and a key driver of  
economic growth in our states," according to the joint letter. "Given  
the serious threats that are currently facing our country and the  
limited resources of the Department of Homeland Security, please  
explain why this initiative is a good use of federal dollars. We urge  
you to ensure that no unnecessary burdens are placed on the poultry  
industry."

     Satterfield said he understands the rule, but it was intended  
for industrial sites, not family farms.

     "It's unlikely that family farms growing chickens would be the  
object of terrorist attacks, and a risk assessment is a waste of  
their time and the government's money," Satterfield said.

     If the government keeps the rule, he's worried that farmers  
will be forced to circumvent the rule by reducing the size of their  
tanks, but that would mean spending more money for more frequent  
refills of a smaller tank.

     "The three 1,000-gallon propane tanks at a local grain  
elevator, or nursing home, or school or campground are not terrorist  
targets," said NPGA Senior Vice President Philip Squair in a May 1  
news statement. "What DHS is asking is for ordinary homeowners,  
businesses and farmers to declare themselves terrorist targets  
because they choose to use propane to heat their houses and businesses."

     Hundreds of public comments were filed with the DHS on the  
proposed rule, and many expressed displeasure with its possible  
implications.

     "Completing the registration and screening process will be very  
difficult and costly to family-owned poultry farms like mine," wrote  
Mark and Christy McDowell of Greenwood. "I believe the Screening  
Threshold Quantity for propane should be increased."

     The industry hopes the 7,500-pound limit cap will jump to  
18,000, which would bypass most of the region's poultry farmers.




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