Countdown to Chemical Facility Anti-Terrorism Standards (CFATS) Compliance

The government and the petrochemical industry are facing the very real fact that our critical infrastructure is currently being targeted for attack and that vulnerability exists. Many chemical plants previously thought to be negligible to our national security have been found to play integral roles in the stability of our Nation's critical infrastructure. The various types of chemical plants are now ranked by risk profile and are compelled to implement varying levels of new security measures to "harden" their facilities. New regulations, the Chemical Facility Anti-Terrorism Standards (CFATS), have been developed to deal with existing vulnerabilities.

When do the New Regulations Take Effect?

On November 20, 2007, the US Department of Homeland Security (DHS) released the final version of CFATS Appendix A in the Federal Register. Its publication finalized the regulations and triggered deadlines for compliance. The first requirement of chemical facilities is to submit a "Top Screen" within 60 calendar days from the date of publication of Appendix A in the Federal Register (which would be January 20, 2008). However, since the deadline falls on Saturday, January 19, 2008 and because Monday, January 21, 2008 is a federal holiday, the Assistant Secretary for Infrastructure Protection has exercised his authority under 6 CFR Section 27.210 ( c) to extend the deadline to January 22, 2008. The CSAT (Chemical Security Assessment Tool) Top Screen was developed as a method to determine which facilities meet the criteria to be considered high-risk. The CSAT Top Screen is an on-line based questionnaire that must be completed by any facility that possesses or plans to possess certain chemicals . A complete listing of chemicals and threshold quantities affected by this regulation can be found in Appendix A - "Chemicals of Interest" of 6 CFR part 27.

In order to meet the new regulations, chemical facilities must implement significant new security measures. These include electronic surveillance systems, card and gate access control and perimeter security. Furthermore, compliance with DHS regulations will require chemical facilities to develop comprehensive security plans and clearly defined protocols to mitigate the risk of a terrorist attack.

Those facilities designated as high risk by the DHS will be required to perform Security Vulnerability Assessments (SVAs) and formulate a Site Security Plan (SSP) which implements security measures that address the findings of the SVA. Facilities will be required to submit their SSP for review by the Department of Homeland Security who will provide consultation to ensure that the facility's SSP meets Risk Based Performance Standards (RBPS) identified by the department. Departmental inspectors, trained in CFATS methodology, will inspect high risk chemical facilities to assess the risk level of the facility and assist in the formulations of the appropriate security measures. Departmental inspectors will be dispatched on a regular basis depending upon the tier level of the facility.

Once top screens are submitted, and DHS has determined that a facility meets certain criteria requiring the facility to comply with CFATS, the covered facilities must submit their SVA within 90 days and their SSP within 120 days.

What impact will the regulations have?

As of October 1, 2007, DHS received 10,000 top screens out of an estimated 50,000 from chemical plants that are required to complete top screens. It is estimated at 5,000 to 8,000 facilities will become subject to regulations based on top screen responses.

Although the cost of strengthening security measures will be significant, chemical facilities realize that these changes must be made in order to ensure the protection of our Nation's critical infrastructure. While the overall "big picture" in protecting critical infrastructure is important, many more companies realize that security risks threaten both their employees and their assets. Non-compliance with DHS regulations could result in hefty fines for chemical facilities or even a shut-down.

For more information about compliance with the new regulations, please contact Tim Kornegay at (713) 721-9732 x127 or email tkornegay@infrastructsecurity.net . Or you can visit our website at www.infrastructsecurity.com