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Appendix to Chemical Facility Anti-Terrorism Standards, Final Rule, Federal Register, November 20, 2007 This final rule revises the list of chemicals of interest, or COI, and their corresponding screening threshold quantity (STQ), which DHS included as Appendix A to 6 CFR 27.  Any facility that possesses (or later comes into possession of) a COI that meet or exceed the STQ for any applicable security issue must complete and submit a preliminary screening assessment, referred to as a Top-Screen, by January 22, 2008.

 

This publication marks a significant departure from the April 2007 draft Appendix A in several aspects including:

  • Provisions (6 CFR 27.203-4) for fuels mixtures has been added to the requirements. A “facility must…include chemicals of interest in fuels (MFPA 1,2,3 or 4) when stored in above-ground tank farms, including tanks farms that are part of pipeline systems,” (6 CFR 27.203(b)(1)(v)).  If these facilities possess fuels that contain 1 percent or more COI at or above the STQ, they must submit a Top-Screen.  For example, STQ for butane is 10,000 pounds.  A facility that possesses 200,000 pounds (approximately 33,000 gallons) of gasoline containing five percent butane, including product within piping, would be required to complete a Top-Screen.

  • Draft Appendix A referenced a single STQ per chemical, but the final rule specifies three STQ categories, each carrying different applicability rules. Instructions on how to calculate applicable quantities of COI are included in the Federal Register notice.

  • The “any amount” specifications in the draft Appendix have been replaced with numerical quantities.

  • A higher STQ has been specified for propane.

CFATS excludes those terminal facilities covered under MTSA regulations.

6 CFR 27 This rule imposes federal security regulations for high risk chemical facilities. Facilities that are currently regulated under the Coast Guard’s Maritime Transportation Security Act, (MTSA) Section 105, are excluded from this rule. Specifically, the rule requires owners of chemical facilities housing certain quantities of specified chemicals to complete a preliminary screening assessment. This assessment will be used to determine the level of risk associated with the facility.

Unlike the advanced notice of proposed rule making, the final rule does not pre-empt existing state laws. More information can be found on the DHS Web site.

Chemical Facility Anti-Terrorism Standards, Advance Notice of Proposed Rule Making, Federal Register, December 28, 2006 This notice advises of proposed regulations for chemical plant security and seeks industry comments on a variety of policy and implementation issues.  

 

Department of Homeland Security 2007 Appropriations Act, Title V: General Provisions, Section 550, October 4, 2006 This act provides the DHS with the authority to regulate the security of “high-risk chemical facilities.” It mandates the Secretary to issue an interim final rule that provides risk-based performance standards for the security of chemical facilities and it requires that this rule be proposed by the Secretary on or before April 4, 2007. The regulatory authority under this act expires the sooner of three years hence or once a permanent, comprehensive chemical facility security legislation is enacted.

 

 

Updates, Comments & Other Reports

 

January 2008  DHS recently published the revised CSAT Top-Screen User Manual (Version 1.3).  Section 5.2 of the new manual establishes significant changes to fuel reporting requirements.  All fuels must be reported, regardless of whether they contain any chemicals of interest (COI).

December 2007 On December 10, ILTA, in conjunction with API and NPRA, sent a letter to DHS, requesting clarification regarding the reporting and modeling of chemicals of interest within fuels mixtures under CFATS. Specifically, the letter requested that DHS stay the relevant provisions (§27.203 (b)(1)(v)) and extend any compliance deadlines for covered facilities. 

November 2007 DHS has published the final Appendix A to CFATS.  This rule contains the list of “chemicals of interest (COI).”  Facilities that possess a screening threshold quantity of any COI are required to submit a Top-Screen Application by January 22, 2008.

August 2007 The CFATS help desk has developed a bulk upload registration spreadsheet for large companies that are required to register multiple facilities with CSAT.  Note, the bulk upload process is only for the registration process, not for answering the top-screen questions. Contact the CSAT help desk at 1-866-323-2957 for more information or to request the bulk upload spreadsheet.

June 2007 The Chemical Facility Anti-Terrorism Standards, Interim Final Rule goes into effect June 8, 2007.  If your facility is not already regulated by MTSA, AND if you could possess a threshold quantity of any of the chemicals ultimately listed in a final Appendix A, then you must register under CFATS using the Chemical Security Assessment Tool (CSAT). You are also required to complete a “top screen” application.

May 2007 ILTA is an active member of the Chemical Sector Coordinating Council (CSCC). On May 9, 2007, the CSCC submitted comments on behalf of the chemical industry relating to Appendix A. 

January 2007 On December 22, 2006, DHS announced proposed regulations for chemical plant security. DHS requested comments on the proposed rule by February 7, 2007. A question remains regarding specification of facilities that will be regulated by this rule. DHS loosely defines chemical facility as any facility that possesses or plans to possess a quantity of a chemical substance determined by DHS to be potentially dangerous or that meets other risk-related criterion. The rule excludes maritime facilities regulated by the MTSA, Sec. 105. It is, however, unclear whether it will include facilities subject to other maritime security regulations pursuant to MTSA but NOT covered by part 105.

 

October 2006 Neither the Senate nor House versions of the chemical facility security legislation passed, resulting in the absence of a comprehensive chemical facility security policy. Interim legislation on chemical facility security was included in the DHS 2007 Appropriations Act, passed on September 29, 2006 and was signed on October 4, 2006.

 

June 2006, The Chemical Facility Anti-Terrorist Act of 2005 S.2145 was approved by the Senate Homeland Security & Governmental Affairs Committee. H.R. 4999 (a similar bill) was also pending before the House Homeland Security Committee.

 

 

RELATED ILTA ARTICLES

 

ILTA provides a monthly newsletter to its membership. Members may log in to the Member Resources page to access archived newsletters. The following is a list of articles ILTA has published in its newsletter relating to Chemical & Facility Security.

 

  • Congress Seeks New Chemical Facility Security Rule, February 2008 Issue (p.2)

  • DHS Changes Rules for Facilities Required to Report Under CFATS…Again, January 2008 Issue (p.4)
  • Chemical Facility Security ‘Appendix A’ Unexpectedly Captures Fuel Terminals, December 2007 Issue (p.3)
  • Start of TWIC Enrollment and Publication of CFATS Final ‘Appendix A’ Remain Uncertain,  October 2007 Issue (p.4)
  • Chemical Facility Rules Go Into Effect June 8, June 2007 Issue (p.3)
  • DHS Proposes Chemical Security Rules, January 2007 Issue (p.2)
  • Senate Committee Passes Chemical Security Bill, July 2006 Issue (p.1)
  • New Chemical Security Bill Introduced, May 2006 Issue (p.1)
  • House Chemical Facility Security Bill Introduced, April 2006 Issue (p.1)
  • Chertoff Supports Federal Regulation of Security at Chemical Plants, April 2006 Issue (p.2)
  • DHS Budget Creates Office for Chemical Security Site Security, March 2006 Issue (p.1)
  • GAO Report Says Federal Security Requirements for Chemical Facilities are Needed, March 2006 Issue (p.2)
 

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