Homeland Security’s Chemical Facility Anti-Terrorism Standard (CFAT)
On October 4, 2006, President George W. Bush signed Public Law 109295, the Chemical Facility Anti-Terrorism Standard, effective June 8, 2007, directing the Department of Homeland Security (DHS) to identify, assess and ensure effective security at high risk facilities that use, store, manufacture, or ship a listed regulated chemical under this law.
On November 20, 2007, the Department of Homeland Security (DHS) released the final version of the Chemical Facility Anti-Terrorism Standard’s “Appendix A” list of chemicals and their associated Screening Threshold Quantities (STQ). Every company whose chemical inventory consists of one or more chemicals exceeding specified STQs had a deadline of JANUARY 22, 2008 to comply with the so-called “Top Screen Registration” requirement.
“Appendix A” further sub-divides chemicals into specific threat categories, namely Release Threat, Theft/Diversion Threat and Sabotage/Contamination Threat. Thus, the list of 323 “Chemicals of Interest” (COIs) are arranged to be screened against specific security issues associated with each chemical, including:
- Release: Minimum Concentration (%); STQs in lbs.;
- Theft: Minimum Concentration (%); STQs in lbs. unless otherwise noted;
- Sabotage: Minimum Concentration (%); STQs in lbs. unless otherwise noted;
- Release: Toxics
- Release: Flammables
- Release: Explosives
- Theft: Chemical Weapons/Chemical Weapon Precursors
- Theft: Weapons of Mass Effect
- Theft: Explosives/Improvised Explosive Device Precursors
Selected Chemicals Common to Industry
Acetylene, Anhydrous Ammonia, Ammonia (conc. 20% of greater), Ammonium Nitrate, Butane, Carbon Disulfide, Chlorine, Difluoroethane, Ethane, Ethylene Oxide, Hydrogen, Methane, Nitric Acid, Nitric Oxide, Various forms of Phosphorus, Prophylene Oxide, Various forms of Sulfur, Various forms of Toluene and many more.
Depending upon which sub-category and security issue each chemical falls into will depend upon how a facility will count its chemicals of interest toward the Screening Threshold Quantities listed. There are many chemicals listed in which “Any Amount” whatsoever is the specified threshold. Selected facts regarding the final version of “Appendix A” are as follows:
- Anti-Terrorism: Prevention & Protection
- Container Security Initiative Ports
- There are currently 48 foreign ports participating in CSI.
- National Infrastructure Protection Plan
- Chemical Security Assessment Tool (CSAT). Note: CSAT is Homeland Security's system for collecting and analyzing key data from chemical facilities. CSAT is comprised of three secure, web-based tools:
- Consequence screening questionnaire (Top-Screen);
- Security Vulnerability Assessment (SVA) tool
- Site Security Plan (SSP) template.
Any facility that manufactured, used, stored or distributed chemicals listed in “Appendix A: Chemicals of Interest” at or above the Screening Threshold Quantity (STQ), must complete and submit a CSAT Top-Screen. The Department may also notify facilities – either directly or through a Federal Register notice – that they need to complete and submit a CSAT Top-Screen. Initial CSAT Top-Screens were due within 60 calendar days of the effective date of the final "Appendix A: DHS Chemicals of Interest," or within 60 calendar days of coming into possession of any such Chemical of Interest at or above the STQ.
Failure to complete a CSAT Top-Screen within the timeframe provided may result in civil penalties of $25,000 per day, a Department of Homeland Security audit and inspection, or an order to cease operations. DHS reports that it is committed to meeting the letter and spirit of CFATs to enhance and ensure the security of the Nation’s Industry where listed chemicals are used as a part of any given company’s operations, as the Nation’s companies represent the infrastructure for productivity and economic strength.