Chemical Facility Anti-Terrorism Standards

Last updated

The Chemical Facility Anti-Terrorism Standards (CFATS), codified at 6 C.F.R. part 27, are a set of United States federal government security regulations for certain high-risk chemical facilities that possess particular chemicals, called chemicals of interest (COI) at particular concentrations. The CFATS regulations apply across a number of industries, ranging from chemical plants and chemical storage facilities to electrical generating facilities, refineries, and universities. [1]

Contents

Adoption

The U.S. Department of Homeland Security promulgated the Final Rule on April 9, 2007. [2] 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. [3]

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. [4]

The response from the US chemical community to the initial legislation was rather critical, [5] but the revisions introduced in November appear to have addressed many of the concerns of both industry and academia. [6] 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 2,500 pounds (1,100 kg)), have been set too high. [6]

Application

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. [1]

Legislation

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. [7] 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. [7] 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. [8] On June 23, 2014, it was reported (amended) alongside House Report 113-491 part 1. On July 8, 2014, the House voted in a voice vote to pass the bill. [9]

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. [10] [11]

See also

Related Research Articles

Homeland security is an American national security term for "the national effort to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards where American interests, aspirations, and ways of life can thrive" to the "national effort to prevent terrorist attacks within the United States, reduce the vulnerability of the U.S. to terrorism, and minimize the damage from attacks that do occur." According to an official work published by the Congressional Research Service in 2013, the "Homeland security" term's definition has varied over time.

<span class="mw-page-title-main">United States Department of Homeland Security</span> United States federal department

The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terrorism, border security, immigration and customs, cyber security, and disaster prevention and management.

<span class="mw-page-title-main">Plum Island Animal Disease Center</span> American research facility

Plum Island Animal Disease Center (PIADC) is a United States federal research facility dedicated to the study of foreign animal diseases of livestock. It is part of the Department of Homeland Security Directorate for Science and Technology, and operates as a partnership with the U.S. Department of Agriculture. The facility's director is Dr. Larry Barrett.

<span class="mw-page-title-main">Federal Protective Service (United States)</span> US Federal law enforcement agency

The Federal Protective Service (FPS) is a Federal Law Enforcement agency of the United States Department of Homeland Security (DHS). It is also "the federal agency charged with protecting and delivering integrated law enforcement and security services to facilities owned or leased by the General Services Administration (GSA)"—over 9,000 buildings—and their occupants.

<span class="mw-page-title-main">Toxic Substances Control Act of 1976</span> United States federal law

The Toxic Substances Control Act (TSCA) is a United States law, passed by the 94th United States Congress in 1976 and administered by the United States Environmental Protection Agency (EPA), that regulates chemicals not regulated by other U.S. federal statutes, including chemicals already in commerce and the introduction of new chemicals. When the TSCA was put into place, all existing chemicals were considered to be safe for use and subsequently grandfathered in. Its three main objectives are to assess and regulate new commercial chemicals before they enter the market, to regulate chemicals already existing in 1976 that posed an "unreasonable risk of injury to health or the environment", as for example PCBs, lead, mercury and radon, and to regulate these chemicals' distribution and use.

<span class="mw-page-title-main">Homeland Security Act of 2002</span> Post-9/11 United States law establishing the Department of Homeland Security

The Homeland Security Act (HSA) of 2002, was introduced in the aftermath of the September 11 attacks and subsequent mailings of anthrax spores. The HSA was cosponsored by 118 members of Congress. The act passed the U.S. Senate by a vote of 90–9, with one Senator not voting. It was signed into law by President George W. Bush in November 2002.

<span class="mw-page-title-main">United States House Committee on Homeland Security</span> Standing committee of the United States House of Representatives

The U.S. House Committee on Homeland Security is a standing committee of the United States House of Representatives. Its responsibilities include U.S. security legislation and oversight of the Department of Homeland Security.

<span class="mw-page-title-main">Real ID Act</span> 2005 United States law on identification documents

The Real ID Act of 2005 is an Act of Congress that establishes requirements that driver licenses and identification cards issued by U.S. states and territories must satisfy to be accepted for accessing federal government facilities and nuclear power plants and for boarding airline flights in the United States. The requirements include verification of the personal information presented when applying for the identification document, security features on the document, and electronic sharing of databases between states. The act also made various modifications to U.S. immigration law regarding asylum, border security, deportation, and certain work visas.

The National Infrastructure Protection Plan (NIPP) is a document called for by Homeland Security Presidential Directive 7, which aims to unify Critical Infrastructure and Key Resource (CIKR) protection efforts across the country. The latest version of the plan was produced in 2013 The NIPP's goals are to protect critical infrastructure and key resources and ensure resiliency. It is generally considered unwieldy and not an actual plan to be carried out in an emergency, but it is useful as a mechanism for developing coordination between government and the private sector. The NIPP is based on the model laid out in the 1998 Presidential Decision Directive-63, which identified critical sectors of the economy and tasked relevant government agencies to work with them on sharing information and on strengthening responses to attack.

<span class="mw-page-title-main">Transportation Worker Identification Credential</span> Identification card

The Transportation Worker Identification Credential program is a Transportation Security Administration and U.S. Coast Guard initiative in the United States. The TWIC program provides a tamper-resistant biometric credential to maritime workers requiring unescorted access to secure areas of port facilities, outer continental shelf facilities, certain manufacturing facilities, and vessels regulated under the Maritime Transportation Security Act of 2002, or MTSA, and all U.S. Coast Guard credentialed merchant mariners. As of May 2014, there were 2,999,058 people enrolled in the program. Those seeking unescorted access to secure areas aboard affected vessels, and all Coast Guard credentialed merchant mariners, must obtain a TWIC. The new measures were fully implemented on April 15, 2009. To obtain a TWIC, an individual must provide biographic and biometric information such as fingerprints, sit for a digital photograph and successfully pass a security threat assessment conducted by TSA.

<span class="mw-page-title-main">Sensitive Security Information</span>

Sensitive Security Information (SSI) is a category of sensitive but unclassified information under the United States government's information sharing and control rules. SSI is information obtained in the conduct of security activities whose public disclosure would, in the judgement of specified government agencies, harm transportation security, be an unwarranted invasion of privacy, or reveal trade secrets or privileged or confidential information. SSI is governed by Title 49 of the Code of Federal Regulations (CFR), parts 15 and 1520.

<span class="mw-page-title-main">DHS Science and Technology Directorate</span>

The Science and Technology Directorate (S&T) is a component within the United States Department of Homeland Security. DHS-S&T serves as the research and development arm of the Department as it fulfills its national security mission.

<span class="mw-page-title-main">DHS Chemical and Biological Defense Division</span>

The Chemical and Biological Defense Division (CBD) is a division of the Science and Technology Directorate of the United States Department of Homeland Security. Within the Homeland Security Advanced Research Projects Agency, CBD develops technologies to increase the United States's preparedness and protect key national infrastructure against chemical, biological, and agricultural threats and disasters through improved threat awareness and advanced surveillance, detection, and protective countermeasures.

<span class="mw-page-title-main">Pat Meehan</span> American politician

Patrick Leo Meehan is a former American Republican Party politician and federal prosecutor from Pennsylvania who represented parts of Delaware, Chester, Montgomery, Berks, and Lancaster counties in the United States House of Representatives from 2011 until his resignation in 2018. He succeeded Democrat Joe Sestak, who ran unsuccessfully for the United States Senate.

<span class="mw-page-title-main">Center for Domestic Preparedness</span>

The Center for Domestic Preparedness (CDP) is the only U.S. federal facility chartered to provide comprehensive preparedness training programs to the nation's emergency response providers. The facility provides all-hazards training to approximately 50,000 emergency responders annually, or a total of 1.1 million responders since its inception in 1998. Trainees hail from state, local, tribal, territorial, and federal governments, as well as private entities. Training for state, local, tribal, and territorial governments are entirely funded by the United States Department of Homeland Security (DHS), whereas responders for foreign federal governments and private entities may be trained on a fee-for-service basis.

<span class="mw-page-title-main">DHS Cyber Security Division</span>

The Cyber Security Division (CSD) is a division of the Science and Technology Directorate (S&T Directorate) of the United States Department of Homeland Security (DHS). Within the Homeland Security Advanced Research Projects Agency, CSD develops technologies to enhance the security and resilience of the United States' critical information infrastructure from acts of terrorism. S&T supports DHS component operational and critical infrastructure protections, including the finance, energy, and public utility sectors, as well as the first responder community.

<span class="mw-page-title-main">Department of Homeland Security Appropriations Act, 2014</span> Proposed United States Law

The Department of Homeland Security Appropriations Act, 2014 is an appropriations bill that was introduced into the United States House of Representatives during the 113th United States Congress. The bill would appropriate money to various government agencies related to the United States Department of Homeland Security. This funding would be used during fiscal year 2014, which ends September 30, 2014. The United States House Committee on Appropriations recommended "$38,993,000,000 in discretionary funding for the Department of Homeland Security (DHS) for fiscal year 2014, $34,885,000, or .09 percent, below the amount requested and $613,205,000, or 1.55 percent, below fiscal year 2013 enacted levels."

<span class="mw-page-title-main">Critical Infrastructure Research and Development Advancement Act of 2013</span>

The Critical Infrastructure Research and Development Advancement Act of 2013 is a bill that would require the United States Department of Homeland Security (DHS) to transmit to the Congress a strategic plan for research and development efforts addressing the protection of critical infrastructure and a report on departmental use of public-private consortiums to develop technology to protect such infrastructure. The bill also would direct the Government Accountability Office (GAO), within two years of enactment, to evaluate the effectiveness of clearinghouses established by DHS to share technological innovation.

<span class="mw-page-title-main">National Cybersecurity and Critical Infrastructure Protection Act of 2013</span>

The National Cybersecurity and Critical Infrastructure Protection Act of 2013 is a bill that would amend the Homeland Security Act of 2002 to require the Secretary of the Department of Homeland Security (DHS) to conduct cybersecurity activities on behalf of the federal government and would codify the role of DHS in preventing and responding to cybersecurity incidents involving the Information Technology (IT) systems of federal civilian agencies and critical infrastructure in the United States.

<span class="mw-page-title-main">Chemical Facility Anti-Terrorism Standards Program Authorization and Accountability Act of 2014</span> United States bill

The Chemical Facility Anti-Terrorism Standards Program Authorization and Accountability Act of 2014 is a bill that 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. 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.

References

  1. 1 2 Chemical Facility Anti-Terrorism Standards (CFATS) — Overview (PDF), United States Department of Homeland Security, November 2017, archived from the original (PDF) on 2018-10-20, retrieved 2019-05-10
  2. ↑ Chemical Facility Anti-Terrorism Standards; Final Rule("Final Rule"), 72 Fed. Reg. 17687-17745 (Apr. 9, 2007). Archived 2007-10-27 at the Wayback Machine
  3. ↑ Appendix to Chemical Facility Anti-Terrorism Standards, 72 Fed. Reg. 65396-65435 (Nov. 29, 2007).
  4. ↑ Final Rule, 72 Fed. Reg. at 17730; 6 C.F.R. § 27.105. "Archived copy". Archived from the original on 2007-10-27. Retrieved 2007-11-30.{{cite web}}: CS1 maint: archived copy as title (link) CS1 maint: bot: original URL status unknown (link)
  5. ↑ Ember, Lois (May 21, 2007), "Chemical Security", Chemical and Engineering News , p. 8
  6. 1 2 Ember, Lois (November 12, 2007), "Securing Chemicals", Chemical and Engineering News, p. 11
  7. 1 2 "CBO - H.R. 4007". Congressional Budget Office. 30 May 2014. Retrieved 7 July 2014.
  8. ↑ Durkovich, Caitlin (2014-02-27). "Written testimony of NPPD Office of Infrastructure Protection Assistant Secretary Caitlin Durkovich". United States Department of Homeland Security. Retrieved 8 July 2014.
  9. ↑ "H.R. 4007 - All Actions". United States Congress. Retrieved 9 July 2014.
  10. ↑ Johnson, Jeff (24 January 2019). "US chemical plant antiterrorism law extended". Chemical & Engineering News. Vol. 97, no. 4. Retrieved 30 August 2019.
  11. ↑ "House Passes Extension of Chemical Facility Anti-Terrorism Program" (Press release). Washington, DC: Rep. Bennie G. Thompson. 8 January 2019. Retrieved 30 August 2019.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.