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Summary of Federal Laws

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The Department of Homeland Security Appropriations Act of 2007: Security of High Risk Chemical Facilities; Public Law 109-295, Section 550, 6 CFR Part 2772 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.  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 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. For more on this  rule see The Campus Safety Health and Environmental Management Association web page.

Initially authorized by Congress in 2007, the program uses a risk assessment process and requires facilities identified as high-risk to meet and maintain performance-based security standards appropriate to the facilities and the risks they pose. 

On December 18, 2014, the President signed into law the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (“the CFATS Act of 2014”), which recodifies and reauthorizes the CFATS program for four years. See the summary. 

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

 

 

 

 updated 1-1-18 mlo