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Chemical Facility Security

CFATS Overview

The U.S. Department of Homeland Security (DHS) promulgated the Chemical Facility Anti-Terrorism Standards (CFATS) on April 9, 2007, to identify, assess, and ensure effective security at high-risk chemical facilities. Under CFATS, facilities that manufacture, use, store, or distribute certain chemicals above specified quantities will be required to complete an online questionnaire to determine whether the facility is a "high-risk" facility. High-risk facilities will be required to conduct a security vulnerability assessment (SVA) and then develop and implement a site security plan (SSP). The SSP will include specific security measures that meet the risk-based performance standards (RBPS) identified by DHS in CFATS. The security measures needed to satisfy the RBPSs for each covered facility will correspond to the security risks presented by the facility. Accordingly, facilities that present a higher risk will be required to meet more rigorous standards.

The April 9, 2007, CFATS included a draft list of chemicals of interest to DHS. DHS has drafted a final list of chemicals, which is currently under review by the Office of Management and Budget. Once DHS publishes its final list of chemicals in the Federal Register, facilities that manufacture, use, store, or distribute any listed chemicals above the specified quantities will need to complete the following steps:

  1. Complete and submit a Top-Screen questionnaire [http://www.dhs.gov/xprevprot/programs/gc_1169501486197.shtm#2] within 60 days of publication of the final list of chemicals in the Federal Register. The Top-Screen asks a series of questions regarding the chemical(s) manufactured, processed, used, stored at, or distributed by the facility to determine whether the facility meets DHS's definition of a "high-risk" facility. DHS will preliminarily place facilities meeting this definition in one of four risk-based tiers, ranging from high (Tier 1) to low (Tier 4) risk. Facilities that do not meet the consequence thresholds will not need to comply with CFATS.
  2. Facilities preliminarily placed into Tiers 1-3 must complete a SVA. DHS will use the results of the SVA to place high-risk chemical facilities into tiers based on specific security concerns, such as off-site release, theft or diversion, and sabotage or contamination. Based on a facility's tier and the security concerns regarding its assets, DHS will require a facility to meet certain RBPSs [http://www.dhs.gov/xprevprot/programs/gc_1185897486043.shtm#1].
  3. Finally, facilities must develop SSPs, which DHS will review and approve. SSPs should describe security measures already in place, as well as measures a facility plans to implement to fulfill the applicable RBPSs.

DHS developed the Chemical Security Assessment Tool (CSAT) [http://www.dhs.gov/xprevprot/programs/gc_1169501486197.shtm] to identify high-risk facilities and to provide the methodology these facilities need to conduct SVAs and develop SSPs. CSAT includes a suite of four tools: (1) facility registration; (2) a Top-Screen questionnaire; (3) a SVA tool; and (4) a SSP template. DHS encourages facilities to register online now to obtain a user identification and password if they believe they may be covered by CFATS. To register, go to http://www.DHS.gov/chemicalsecurity and follow the instructions. Once DHS validates a facility's registration, it will notify the facility about how to access the other CSAT tools.
 

CFATS Reauthorization

On November 6, 2009 the House approved the Chemical and Water Security Act of 2009 (H.R. 2868).  The bill reauthorizes and expands the Chemical Facility Anti-Terrorism Standards (CFATS), which are set to expire in October 2010.  The measure would require that chemical facilities deemed to be high-risk assess and, under some circumstances, adopt “inherently safer technologies.”  In addition, the bill would give DHS the authority to regulate maritime chemical facilities currently regulated by the Coast Guard. The bill was sent to the Senate, where it was referred to the Committee on Homeland Security and Government Affairs.

H.R. 2868:

  • Authorizes reasonable, risk-based security standards for chemical security. Requires all tiered facilities to assess “methods to reduce the consequences of a terrorist attack.” Plants that voluntarily perform these assessments, which are sometimes called “IST” assessments, often find that good security equals good business.
  • Strengthens CFATS by adding enforcement tools, protecting the rights of whistleblowers, and enhancing training security.

CFATS Update: Risk-Based Performance Standards Guidance

Published on May 15, 2009. This guidance provides DHS’s interpretations of the level of performance facilities in each of the risk-based tiers created by CFATS should strive to achieve under each Risk-Based Performance Standard (RBPS). It also seeks to help facilities comply with CFATS by describing in greater detail the eighteen RBPSs enumerated in CFATS, and by providing examples of various security measures and practices that could be selected to achieve the desired level of performance for each RBPS at each tier.

Federal Register Oct 27, 2008:  http://edocket.access.gpo.gov/2008/E8-25596.htm

Risk Based Performance Standards Guidance document:  http://www.dhs.gov/xlibrary/assets/chemsec_cfats_riskbased_performance_standards.pdf
 

Resources

CFATS Fact Sheet -- http://www.dhs.gov/xprevprot/programs/gc_1177002415803.shtm

Identifying Facilities Covered by CFATS -- http://www.dhs.gov/xprevprot/programs/gc_1181765846511.shtm

Chemical Security Assessment Tool (CSAT) -- http://www.dhs.gov/xprevprot/programs/gc_1169501486197.shtm

CSAT Top-Screen Questions (List of questions provided to assist chemical facility owners and operators in assembling the information needed to complete the secure web-based CSAT application) -- http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenquestions.pdf

CSAT Top-Screen User Manual -- http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf

CSAT Frequently Asked Questions –
http://csat-help.dhs.gov/pls/apex/f?p=100:1:1770097029374504

CSAT Helpline -- (866) 323-2957 from 7:00 a.m. - 7:00 p.m., Eastern Time, Monday-Friday