Chemical Security: Publication of the List of Chemicals of Interest

Today, the Department of Homeland Security’s published the final Appendix A to the Chemical Facility Anti-Terrorism Standards in the Federal Register. Appendix A is essentially a list of chemicals that, if stolen, could be turned into a weapon, or, if released near populated areas, could potentially harm or kill hundreds or thousands of people. Appendix A is important because it defines the universe of sites and facilities that will enter the first step in DHS’s regulatory process, and, if those sites and facilities are determined to be “high risk,” could be required to meet federal security standards under the rule.

The chemical sector is an essential part of America’s critical infrastructure and economy. Chemical facilities, and facilities that use or store chemicals, are responsible for the production of food, medicine, safe drinking water, energy and fuels, plastics, electronics, and other everyday items. Our national and economic security, as well as our present standard of living, depends on the continued production and transportation of chemicals and the vitality of the sector. The law Congress passed, and our regulatory structure, will raise the level of security at high-risk facilities without crippling these important industries.

Publication of Appendix A triggers a 60-day clock: If a facility possesses a chemical listed in Appendix A at or above the quantity noted, it is required to complete and submit to DHS a Top-Screen assessment by 60 calendar days from today, or January 22, 2008. (If a facility later comes into possession of a listed chemical at or above the quantity noted, it will have 60 calendar days from that date to fill out the Top-Screen.)

Once DHS has information from the Top-Screen, it will make preliminary determinations as to which facilities present “a high level of risk”—the facilities that Congress authorized DHS to regulate. Facilities determined to be high risk will have to conduct vulnerability assessments, and, based upon the risk the facility presents, develop and implement a site security plan that meets DHS’s performance standards.

This journal entry is one of many ways that DHS is reaching out to remind facility owners and operators of their responsibility to comply with the regulation and complete the Top-Screen. We at DHS take our charge to ensure the security of Americans very seriously. Terrorists are quick to take advantage of vulnerabilities, and we have seen chemicals exploited offensively overseas. The requirements set forth in Appendix A are sensible, workable and thorough, and we will vigilantly enforce these standards to protect our homeland.

Robert B. Stephan
Assistant Secretary for Infrastructure Protection