The Department of Homeland Security (DHS) has issued a revised list of regulated chemicals and threshold quantities in recent amendments to its Chemical Facility Anti-Terrorism Standards (CFATS). The amendments, published in the Federal Register on November 20, 2007 (72 Fed. Reg. 65,396), include revisions that may alter the analyses that businesses must do to see if they have affirmative obligations under the rules.
The CFATS require facilities possessing certain chemical in amounts equal to or greater than specified threshold amounts to complete and submit a Top-Screen Survey to DHS. Upon evaluation of the Top-Screen data submitted, DHS will determine and notify a submitting facility whether it will be subject to further CFATS requirements. If the DHS determines a facility may be sufficient security risk, it will be required to perform a Security Vulnerability Assessment and also to develop and implement a Site Security Plan. Section 550 of the DHS Appropriations Act of 2007 grants DHS authority to regulate chemical facilities that “present high levels of security risk.” Facilities that are required to complete the Top Screen will largely fall into one of three categories:
- chemical manufacturing, storage and distribution facilities;
- petroleum refineries, and
- liquefied natural gas storage (peak shaving) facilities.
Any facility that manufactured, used, stored or distributed certain chemicals (PDF, 16 pages - 2 MB) above a specified quantity must complete and submit a CSAT Top-Screen. DHS may also notify facilities – either directly or through a Federal Register notice – that they need to complete and submit a CSAT Top-Screen.
Posted by: Attorney Sanders
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