The Catholic University of America

Summary of Federal Laws

Compliance Partners

Director of EHS

Research

The Department of Homeland Security Appropriations Act of 2007: Security of High Risk Chemical Facilities; Public Law 109-295, Section 550. 72 Fed. Reg. 65395 (Nov. 20, 2007)

This law required DHS to establish risk-based performance standards for security of chemical facilities. An Interim Final Rule was published on April 9, 2007. This rule established a part 27 to Title 6 of the Code of Federal Regulations. See 72 Fed. Reg. 17688. The rule requires covered chemical facilities to prepare Security Vulnerability Assessments (SVAs) that identify facility security vulnerabilities. The rule also requires covered chemical facilities to develop and implement Site Security Plans (SSPs) that identify measures that satisfy the identified risk-based performance standards. It also allows certain covered chemical facilities, in specified circumstances, to submit Alternate Security Programs (ASPs) in lieu of an SVA, SSP, or both. In addition, the rule contains associated provisions addressing inspections and audits, recordkeeping, and the protection of information that constitutes Chemical-terrorism Vulnerability Information (CVI). Finally, the rule provides the Department with authority to compel compliance through the issuance of orders, including orders assessing civil penalties and orders to cease operations. The rule went into effect June 8, 2007, but the list of chemicals of interest (Appendix A) was only tentative. On Nov. 20, 2007 DHS published the final rule, a revised Appendix A with the final list of chemicals covered by the new law. The final appendix, unlike the proposed appendix, does not trigger reporting obligations based on possession of an STQ of "any amount." This change was due in part to comments upon the reporting burden of the interim rule.

Under the newly published list of chemicals, any facility that has listed chemicals in quantities that meet or exceed the screening threshold quantity must complete and submit a Top-Screen to DHS by Jan. 19, 2008. A 60 day extension may be sought. For more on this new rule see The Campus Safety Health and Environmental Management Association web page.

Resources

NACUANOTE on Compliance with DHS Chemical Facility Anti-Terrorism Standards January 18, 2008

DHS web page on Chemical Facility Anti-Terrorism Standards

CSHEMA web page

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Links checked SZG 3/25/12