On November 20, 2007 the US Department of Homeland Security (DHS) formally promulgated the final Appendix A to its Chemical Facility Anti-Terrorism Standards (CFATS). The CFATS apply to any “chemical facility,” generally defined as any facility (or company) possessing more than certain amounts of “chemicals of interest” identified in Appendix A to 6 CFR Part 27. Appendix A lists approximately 350 chemicals with corresponding Screening Threshold Quantities based on the “hazards and consequences associated with the chemical.” The CFATS deadline to submit “Top Screens” regarding facility operations and chemicals used and stored on site is January 18, 2008.

For an overview of CFATS, see the September 2007 issue of Chemical Industry Update at http://www.ssd.com/publications/pub_detail.aspx?pubid=10048.

Revisions to Appendix A

Certain changes to the proposed Appendix A may be significant for some facilities – the deletion of acetone, for example. Of broader consequence, DHS replaced “any amount” with actual numerical values that better reflect the “hazard and consequences associated with the chemical.” Finally, Appendix A now grants some facilities flexibility in complying with the requirements (e.g., colleges and universities will have the opportunity to request a Top Screen submission extension). While these changes will certainly relieve some facilities of their responsibilities under the CFATS, DHS still anticipates that 5,000 facilities will be required to submit a Site Vulnerability Assessment and Site Security Plan