The United States Department of Homeland Security (DHS), acting under a congressional mandate, has finalized interim rules to regulate security at any facility possessing a threshold quantity of a long list of chemicals. The rules, which were finalized on April 9, 2007, require any facility that possesses one of these chemicals to submit a Top-Screen questionnaire. If the facility is a high risk, the facility will also be required to prepare a security plan. Very briefly, the rules require:
- Any facility that possesses a chemical on a list called Appendix A in greater than a threshold quantity (also listed on Appendix A), is considered a chemical facility. Appendix A contains over 300 chemicals.
- All chemical facilities are required to complete an on-line questionnaire called a Top-Screen within 60 days of the date that DHS publishes the final version of Appendix A. DHS expects to publish the final Appendix A in early June 2007, which would then mean that the Top-Screens will be due in early August 2007. DHS estimates the Top-Screen will take between 30 and 40 hours to complete.
- The Top-Screen must be submitted by an officer of the corporation, or by someone designated by an officer, and that person must attest to the accuracy of the information.
- In the alternative, DHS will be contacting certain facilities directly and asking them to submit a Top-Screen according to a schedule provided by DHS.
- After completing the Top-Screen, a facility may be notified to take further actions, including submission of a Security Vulnerability Assessment and a Site Security Plan.
- Chemical facilities may be subject to inspection by DHS officials. Inspectors may review records, take photographs, and talk with employees. However, unlike EPA inspections, the materials that DHS obtains will remain in a confidential file.
These new chemical security rules do overlap with the Tier Two Hazardous Chemical Inventories that are provided to the state and local governments each March and with the hazard communication program required by the Occupational Safety and Health Administration (OSHA). However, Appendix A contains different chemicals and different thresholds than the U.S. Environmental Protection Agency (EPA) and OSHA requirements, so it will require an independent review.
In addition, many companies have already made significant investments in security plans, particularly since September 11, 2001. The interim final rules recognize this and allow DHS to approve pre-existing security plans that provide an "equivalent level" of security. As a result, it may not be necessary for every covered facility to prepare a new security plan.
Because these regulations are interim final, DHS may make additional changes to the requirements. In the meantime, these regulations are applicable now. View Appendix A and the online submission tool for the Top-Screen Questionnaires (called the CSAT system).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.