IME & Austin Powder Tell Senate Panel to Rid CFATS of Duplicative Regulation


June 12, 2018‚Äč
Contact: Colby Sholler      
Phone: (202) 266-4319    

Washington, D.C. – Debra Satkowiak, President of the Institute of Makers of Explosives (IME), at the request of the Senate Homeland Security and Governmental Affairs Committee (HSGAC), joined Linda Menendez, Director of Operations for the Austin Powder Company, in delivering testimony on the industry’s top legislative concern before the Committee in a roundtable regarding the Department of Homeland Security’s (DHS) Chemical Facility Anti-Terrorism Standards (CFATS) program on June 12, 2018.  
The roundtable focused on finding improvements to CFATS, which regulates commercial explosives for theft and diversion, prior to reauthorization of the program.  IME and Austin Powder discussed the duplicative nature of the program on commercial explosives under the effective regulation of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and highlighted the industry’s security track record and effective impact of industry best practices.  
“We remain concerned that DHS’ regulations on explosive materials continue to duplicate security regulations under the jurisdiction of ATF.  This duplication of regulation imposes significant costs that impact jobs and industry investment without a commensurate increase in security,” stated Satkowiak.
Menendez stated, “My testimony is meant to provide evidence that in a highly-regulated industry, like the commercial explosives industry, layering additional DHS regulation on top of existing ATF regulation that has proven to keep commercial explosives secure, is unnecessary and confusing.”
Satkowiak and Menendez were joined by representatives from DHS, the Government Accountability Office (GAO), the American Federation of Government Employees (AFGE), the National Association of Chemical Distributors (NACD), the American Chemical Council (ACC), The Fertilizer Institute (TFI), and Columbus Chemical Industries Inc. who spoke about the program.
Near the conclusion of the hearing, Chairman Ron Johnson (R-WI), referencing the commercial explosives industry’s request for exemption from the CFATS program, stated, “Barring a really strong justification for having both regulatory agencies, I’m going to be strongly supportive of exempting the explosives industry from CFATS.”
“IME is grateful Senator Johnson granted us the opportunity for us to make our case, and even more gratified that he heard us loud and clear,” Satkowiak noted. 
IME is the safety and security institute of the commercial explosives industry since 1913.  More information on IME can be found at