Chemical Facility Anti-Terrorism Standards

The U.S. Department of Homeland Security promulgated the Final Rule on April 9, 2007.[http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-6363.htm Chemical Facility Anti-Terrorism Standards; Final Rule]("Final Rule"), 72 Fed. Reg. 17687-17745 (Apr. 9, 2007). {{Webarchive|url=https://web.archive.org/web/20071027180334/http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-6363.htm |date=2007-10-27 }} The regulations came into effect on June 8, 2007, apart from material covered in Appendix A, which took effect upon its publication in the Federal Register on November 20, 2007.[https://www.dhs.gov/xlibrary/assets/chemsec_appendixafinalrule.pdf Appendix to Chemical Facility Anti-Terrorism Standards], 72 Fed. Reg. 65396-65435 (Nov. 29, 2007).

The new rules apply to any "Chemical Facility," which the regulation defines as follows:

Chemical Facility or facility shall mean any establishment that possesses or plans to possess, at any relevant point in time, a quantity of a chemical substance determined by the Secretary to be potentially dangerous or that meets other risk-related criteria identified by the Department. As used herein, the term chemical facility or facility shall also refer to the owner or operator of the chemical facility. Where multiple owners and/or operators function within a common infrastructure or within a single fenced area, the Assistant Secretary may determine that such owners and/or operators constitute a single chemical facility or multiple chemical facilities depending on the circumstances.[http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-6363.htm Final Rule], 72 Fed. Reg. at 17730; 6 C.F.R. § 27.105. {{Cite web |url=http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-6363.htm |title=Archived copy |access-date=2007-11-30 |archive-date=2007-10-27 |archive-url=https://web.archive.org/web/20071027180334/http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-6363.htm |url-status=bot: unknown }}

The response from the US chemical community to the initial legislation was rather critical,{{Citation

| last = Ember

| first = Lois

| title = Chemical Security

| newspaper = Chemical and Engineering News

| pages = 8

| date = May 21, 2007

| url = http://pubs.acs.org/cen/news/85/i46/8546notw1.html }} but the revisions introduced in November appear to have addressed many of the concerns of both industry and academia.{{Citation

| last = Ember

| first = Lois

| title = Securing Chemicals

| newspaper = Chemical and Engineering News

| pages = 11

| date = November 12, 2007

| url = http://pubs.acs.org/cen/news/85/i46/8546notw1.html }} For example, certain routine chemicals of low toxicity, such as acetone or urea, have been removed from the list, since record-keeping for such common compounds was considered an excessive burden. However, some environmental groups believe the exemption quantities of certain substances, especially chlorine (set at {{convert|2500|lb|kg}}), have been set too high.

The CFATS regulations specify over 300 chemicals of interest (COI) and "screening threshold quantities" (STQ) for each. COI are designated based on hazards associated with release (i.e., substances that are toxic, flammable, or explosive), theft or diversion, or sabotage.

On February 6, 2014, Rep. Patrick Meehan (R, PA-7) introduced into the United States House of Representatives the Chemical Facility Anti-Terrorism Standards Program Authorization and Accountability Act of 2014 (H.R. 4007; 113th Congress). The bill would make permanent the United States Department of Homeland Security’s (DHS's) authority to regulate security at certain chemical facilities in the United States.{{cite web|title=CBO - H.R. 4007|date=30 May 2014 |url=http://www.cbo.gov/publication/45405|publisher=Congressional Budget Office|accessdate=7 July 2014}} Under the Chemical Facility Anti-Terrorism Standards (CFATS) program, DHS collects and reviews information from chemical facilities in the United States to determine which facilities present security risks and then requires them to write and enact security plans. The DHS National Protection and Programs Directorate's Office of Infrastructure Protection Assistant Secretary Caitlin Durkovich testified in favor of the bill before the United States House Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies.{{cite web|last1=Durkovich|first1=Caitlin|title=Written testimony of NPPD Office of Infrastructure Protection Assistant Secretary Caitlin Durkovich|url=https://www.dhs.gov/news/2014/02/27/written-testimony-nppd-house-homeland-security-subcommittee-cybersecurity|publisher=United States Department of Homeland Security|accessdate=8 July 2014|date=2014-02-27}} On June 23, 2014, it was reported (amended) alongside [https://web.archive.org/web/20140714122252/https://beta.congress.gov/113/crpt/hrpt491/CRPT-113hrpt491-pt1.pdf House Report 113-491 part 1]. On July 8, 2014, the House voted in a voice vote to pass the bill.{{cite web|title=H.R. 4007 - All Actions|url=https://beta.congress.gov/bill/113th-congress/house-bill/4007/all-actions|publisher=United States Congress|accessdate=9 July 2014}}

On January 18, 2019, one day before the Chemical Facility Anti-Terrorism Standards Program was set to expire, President Donald Trump signed into law the Chemical Facility Anti-Terrorism Standards Program Extension Act, introduced to the House by Rep. Bennie G. Thompson (D-MS), which extended the program by 15 months.{{cite news|url=https://cen.acs.org/safety/industrial-safety/US-chemical-plant-antiterrorism-law/97/i4|title=US chemical plant antiterrorism law extended|newspaper=Chemical & Engineering News|last=Johnson|first=Jeff|date=24 January 2019|accessdate=30 August 2019|volume=97|issue=4}}{{cite press release|title=House Passes Extension of Chemical Facility Anti-Terrorism Program|date=8 January 2019|accessdate=30 August 2019|url=https://benniethompson.house.gov/media/press-releases/house-passes-extension-chemical-facility-anti-terrorism-program|location=Washington, DC|publisher=Rep. Bennie G. Thompson}}

• Toxic Substances Control Act (TSCA)
• Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) - EU legislation)
• Dangerous Substances Directive (67/548/EEC) - EU legislation

{{Reflist}}

• [https://web.archive.org/web/20110306130442/http://www.dhs.gov/xprevprot/laws/gc_1166796969417.shtm US Dept. of Homeland Security Website]

Category:United States federal defense and national security legislation

Category:Chemical safety