Chemical Facility Anti-Terrorism Standard (CFATS)

CAA-185

CFATS
     2009 Comments
     2008 Comments
     2007 Comments
     2006 Comments
     Related Articles

DIESEL FUELS

EXSTARS

Fall Protection

GD-GACT

MTSA

NAAQS

REACH

RFS

RICE

SPCC

TWIC Cards

TWIC Readers

State & Regional Issues

Archives

Government Links

Updates, Comments & Other Reports

November 2009 On November 20, DHS issued 540 additional tiering letters, including 473 Tier 4 final notifications.  These facilities have until March 22, 2010, to submit their Site Security Plan (SSP).  DHS stated that it intends to issue all final tiering letters by early 2010.  Once a facility receives its final tiering letter, it will have 120 days to submit the SSP.

August 2009 On August 10, ILTA submitted comments relating to DHS’ Submission for CFATS Personnel Surety Program Information Collection 1670 notice that was published in the Federal Register on June 10, 2009.  The notice would requires each high-risk chemical facility to submit personally identifiable information (PII) for all facility personnel,  and as appropriate, unescorted visitors with access to restricted areas or critical assets at those facilities.   After the PII had been screened against TSA’s terrorist watch list, DHS would issue a “verification of submission” to each facility, but would not provide screening results. In the notice, DHS also seeks an exemption to the Paperwork Reduction Act which would allow the Department to refrain from notifying affected individuals regarding the reasons for the collection, how the information will be used, or whether responses to the collection are voluntary or mandatory, among other things.  For more information on the data collection process as proposed by DHS, click here.

July 2009  DHS has received Security Vulnerability Assessments from 7,010 facilities that produce, consume or store certain chemicals that present a concern to DHS.  DHS has ranked these facilities into Tier I (highest risk) through Tier IV. (lower risk).  To date, DHS has assigned the 195 facilities to Tier I, 678 facilities to Tier II, 1,609 facilities to Tier III, and 3,918 facilities as Tier IV.  Starting in May 2009, DHS notified the Tier I facilities that they have 120 days to submit a Site Security Plan (SSP) to DHS for review and approval.  On June 29, DHS sent similar letters to Tier II facilities.  Tier III facilities are expected to receive their letters in August and Tier IV will be notified during October 2009.  In each case, the facilities will have 120 days to complete their SSP.  Additional information on CFATS process is available from DHS at: http://www.dhs.gov/xprevprot/programs/gc_1169501486179.shtm

June 2009 At the Chemical Security Summit, held June 29 – July 1 in Baltimore, MD, DHS indicated that it had recently notified 678 facilities, including several gasoline facilities, that they have been preliminarily determined to be Tier 2 facilities.  Tier 2 facilities have 120 days to submit their very detailed Site Security Plans (SSPs).  Given the level of detail that DHS expects in the SSPs (CAD drawings, staffing plans, audit protocols, etc.), these will be large efforts within a significant amount of strategy needed or the SSPs will become unworkable long term.   Earlier this year, DHS notified 195 facilities that they preliminarily being designated as a Tier 1 facility.  DHS also indicated that 5,000 additional facilities are expected to be preliminarily designated as Tier 3 or 4.  Tier 3 and 4 facilities are likely to receive their tiering designation letters  within the next 2 months.

May 2009 On May 13, ILTA submitted a Petition for a Declaratory Order to the DHS, requesting that DHS declare gasoline to be exempt from the Chemical Facility Anti-Terrorism Standards.  In the petition, ILTA alleges that DHS violated the requirements of the Administrative Procedures Act when the agency failed to give the regulated community adequate notice of its intent to regulate mixtures, including gasoline.  In addition, the petition alleges that there is no sound, scientific basis for DHS regulation of gasoline stored in terminals.  DHS failed to adequately consider the causes of the Buncefield incident in the context of the terrorist attack scenarios under CFATS.  To remedy these and other stated deficiencies, the petition recommends specific changes to the CFATS regulatory language preamble.  For more information, click here.

March 2009 Revised tiering letters for gasoline facilities under CFATS were posted by DHS on February 13.  In June 2008, a total of 435 facilities were preliminarily tiered as high-risk due to gasoline.  In November 2008, 380 of these facilities exercised an option to resubmit a Top Screen Application.  Of these, 355 remained preliminarily tiered.  These 355 facilities will be required to submit a security vulnerability assessment (SVA) in compliance with CFATS.  All SVAs are due on May 14, 2009.

January 2009 DHS has indicated that revised tiering letters for gasoline facilities that re-submitted a top-screen filing will be mailed during the middle of February.  Terminals that receive a preliminarily tiering at this time will be required to complete a Security Vulnerability Assessment (SVA), likely due within 60-120 days.  DHS also noted that the SVA process is time-intensive, recommending the following process for completion of the SVA:

1. Become familiar with SVA requirements, and double-check top-screen submittals for accuracy;

2. Conduct a facility site review;

3. Include a facility management team in deciding how to respond to each SVA question and scenario; and,

4. Enter the DHS online “SVA tool” and complete the submittal.