Laws & Regulations

Chemical Security

Statute

Homeland Security Appropriations Act of 2007 Public Law 109-295 (PDF, 109 pages - 289 KB). An Act of Congress mandating that the Secretary of the Department of Homeland Security establish risk-based performance standards for the security of high-risk chemical facilities within six months of the enactment of the Act. Also mandated was the development of vulnerability assessments as well as the development and implementation of site security plans for high-risk chemical facilities. The Chemical Facility Anti-Terrorism Standards (CFATS) interim final rule was created to fulfill the requirements of this Act. Public Law 110-161, Section 534 (Consolidated Appropriations Act, for FY 2008 (PDF, 614 pages - 1.65MB)), enacted December 2007, amended Section 550 of P.L. 109-295 by adding a new section (h). Attached in PDF format is the statutory language authorizing the Chemical Facility Anti-Terrorism Standards Regulations (6 CFR Part 27) consolidated from the two statues (PDF, 3 pages - 58 KB ).

Regulations

Advance Notice of Proposed Rulemaking: Chemical Facility Anti-Terrorism Standard (CFATS). Published December 28, 2006. In order to fulfill the requirements of Public Law 109-295 (PDF, 109 pages - 290 KB), the Department of Homeland Security developed and published this Advance Notice of Proposed Rulemaking, indicating that a new standard was under development, and requesting public comments on the proposed rule. Public comments were accepted from all sources through February 7, 2007.

Interim Final Rule: Chemical Facility Anti-Terrorism Standards (CFATS). Published April 9, 2007. After gathering and incorporating comments from individuals, trade associations, companies, and numerous other entities, the CFATS was published as an Interim Final Rule.  An essential part of this rule was a proposed Appendix A, or the list of Chemicals of Interest (COI) as well as the quantities of each COI that would require a chemical facility to complete and submit a Top Screen consequence assessment to the Department of Homeland Security through the secure online Chemical Security Assessment Tool (CSAT).

Appendix A to the Chemical Facility Anti-Terrorism Standard, Final Rule. Published November 20, 2007. This list consists of approximately 300 Chemicals of Interest (COI) and their individual Screening Threshold Quantities (STQ).  Any facility that possesses an Appendix A COI in a quantity at or above the listed STQ for any period of time is covered by the standard, and must submit a Top Screen within 60 calendar days.

Clarification to Chemical Facility Anti-Terrorism Standards; Propane. Published March 21, 2008. This notice clarifies how certain provisions of the Chemical Facility Anti-Terrorism Standards (CFATS) apply to the Chemical of Interest (COI) propane, which is understood by the Department of Homeland Security to contain at least 87.5% of the chemical propane. Specifically, this notice clarifies the Screening Threshold Quantity and counting rules that apply to the COI propane.

Notices Posted in the Federal Register

CFATS Regulatory Evaluation. Published on April 9, 2007. This regulatory assessment was prepared in order to estimate the magnitude of cost chemical facility owners and/or operators would incur implementing the Chemical Facility Anti-Terrorism Standards (CFATS) interim final rule (IFR).

Federal Register CSAT Registration Reminder. Published April 25, 2007.  The Department of Homeland Security recommends that chemical facilities register to access the Chemical Security Assessment Tool (CSAT) system. This is a voluntary registration process for facilities that think they may be covered by the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards located in 6 CFR Part 27 and that would like to initiate the process to determine whether or not they are covered by 6 CFR Part 27.

Agricultural Facilities Time Extension Notification. Published on January 9, 2008. The Department of Homeland Security published a letter that it issued on December 21, 2007. Through this letter, the Department granted a time extension for farmers and other agricultural users who would otherwise have been required to submit a Top-Screen consequence assessment through the secure online Chemical Security Assessment Tool Top-Screen.

Draft Risk-Based Performance Standards Guidance. Published on October 27, 2008.  The Department of Homeland Security accepted comments on the draft "Risk-Based Performance Standards" Guidance associated with the Chemical Facility Anti-Terrorism Standards.

Risk-Based Performance Standards Guidance. Published on May 15, 2009. This guidance provides DHS’s interpretations of the level of performance facilities in each of the risk-based tiers created by CFATS should strive to achieve under each Risk-Based Performance Standard (RBPS). It also seeks to help facilities comply with CFATS by describing in greater detail the eighteen RBPSs enumerated in CFATS, and by providing examples of various security measures and practices that could be selected to achieve the desired level of performance for each RBPS at each tier.

Paperwork Reduction Act Notices for Comment

Federal agencies are required to provide justifications before requesting information from individuals and groups, to ensure that the information is necessary and will used effectively. The Office of Management and Budget (OMB) manages this requirement and grants approval for requests of information.

CSAT Information Collection Request (1670-0007)

• 60 Day Notice to solicit comments for OMB Collection #1670-0007 (Helpdesk, User Registration, CVI Authorized User Training and Application, Top Screen, SVA, and SSP). Published November 23, 2007.
  
  
• 30 Day Notice to solicit comments for OMB Collection #1670-0007 (Helpdesk, User Registration, CVI Authorized User Training and Application, Top Screen, SVA, and SSP). Published January 28, 2008.
  
  
• 60 Day Notice to solicit comments for a revision to OMB Collection #1670-0007. Published July 01, 2009. This revision modifies the burden on many of the instruments based upon historical data submitted to the Department since the initiation of the collection. Several of the instruments are refined to reflect the maturing regulatory program. The instruments in collection #1670-0007 include: CFATS Helpdesk, Chemical-terrorism Vulnerability Information Authorization, CSAT User Registration, CSAT Top-Screen, CSAT Security Vulnerability Assessment and Alternative Security Program submitted in lieu of the CSAT Security Vulnerability Assessment, and the CSAT Site Security Plan and Alternative Security Program submitted in lieu of the CSAT Site Security Plan.

CFATS Personnel Surety Information Collection (1670-NEW)

• 60 Day Notice to solicit comments for OMB Collection #1670-NEW (CFATS Personnel Surety). Published June 10, 2009. This information collection will allow high-risk chemical facilities to comply with 6 CFR 27.230(a)(12)(iv) to implement “measures designed to identify people with terrorist ties.”

Chemical Facilities Anti-Terrorism Standards (1670-NEW)

• 60 Day Notice to solicit comments for OMB Collection #1670-NEW (CFATS). This information collection will be used by facilities to communicate with or notify the department regarding, for example, a Request for Redetermination, Request for an Extension, Notification of New Top-Screen, and a Request for a Technical Consultation.

Chemical-terrorism Vulnerability Information (CVI) Information Collection (1670-NEW)

• 60 Day Notice to solicit comments for OMB Collection #1670-NEW (Chemical-terrorism Vulnerability Information). Published July 01, 2009. This information collection will be used to manage the CVI program in support of CFATS.

Privacy Impact Assessments

In compliance with the Privacy Act (5 U.S.C. §552a (e) (3)), CFATS is making publicly available its Privacy Act Statement and updating documentation about how personal information is handled, used, shared, and protected by CFATS.

• CSAT Privacy Impact Assessment (original, published March 25, 2007) (PDF, 15 pages - 211 KB).
  
  
• CSAT Privacy Impact Assessment Update (update, published May 25, 2007) (PDF, 10 pages - 216 KB).
  
  
• CSAT Privacy Impact Assessment Update (update, published October 27, 2008) (PDF, 5 pages - 211 KB).
  
  
• CFATS Privacy Impact Assessment Update (update, published June 5, 2009) (PDF, 7 pages - 198 KB).
  
  
• CFATS Privacy Impact Assessment Update (update, published June 11, 2009) (PDF, 6 pages - 168 KB).

System of Record Notices

The Privacy Act of 1974 mandates that an agency must file a public System of Records Notice (SORN) when a new system is created that will collect and/or house personal information.

• CFATS PII is collected under the General Information Technology Access Account Records System (GITAARS) DHS/ALL-004.

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Employment Issues

E-Verify. An online system operated jointly by the Department of Homeland Security and the Social Security Administration (SSA) where employers can check the work status of new hires online by comparing information from an employee's I-9 form against SSA and Department of Homeland Security databases.

Social Security No-Match: Safe-Harbor Procedures for Employers Who Receive a No-Match Letter.  Amends the regulations relating to the unlawful hiring or continued employment of unauthorized aliens. The amended regulation describes the legal obligations of an employer, under current immigration law, when the employer receives a no-match letter from the Social Security Administration or the Department of Homeland Security. A

Optional Practical Training Interim Final Rule. An interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.

H-2A Temporary Agricultural Worker Program Proposed Changes. The proposed changes to the rule reduce current limitations and certain delays faced by U.S.employers and relax current limitations on employers’ ability to petition for multiple, unnamed agricultural workers.

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Homeland Security Presidential Directives

HSPD – 3:  Homeland Security Advisory System
Establishes a comprehensive and effective means to disseminate information regarding the risk of terrorist acts to federal, state, and local authorities and to the American people. As amended in HSPD-5.

HSPD – 7: Critical Infrastructure Identification, Prioritization, and Protection
Establishes a national policy for federal departments and agencies to identify and prioritize U.S. critical infrastructure and key resources and to protect them from terrorist attacks.

More Homeland Security Presidential Directives

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Infrastructure Protection

Critical Infrastructure Information Act. The Critical Infrastructure Information Act of 2002 (CII Act) seeks to facilitate greater sharing of critical infrastructure information among the owners and operators of the critical infrastructures and government entities with infrastructure protection responsibilities, thereby reducing the nation’s vulnerability to terrorism. Read the entire text of the Critical Infrastructure Information Act (PDF, 11 pages - 53 KB).

Final Rule: Procedures for Handling Protected Critical Infrastructure Information. These procedures govern the receipt, validation, handling, storage, marking and use of critical infrastructure information voluntarily submitted to the Department of Homeland Security.

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Travel Procedures

Issuance of a Visa and Authorization for Temporary Admission into the United States for Certain Nonimmigrant Aliens Infected with HIV. U.S. Customs and Border Protection and the Department of Homeland Security have issued a final rule to provide, on a limited and categorical basis, a more streamlined process for nonimmigrant aliens infected with the human immunodeficiency virus (HIV) to enter the United States as visitors on temporary visas (for business or pleasure) for up to 30 days.

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Travel Security

Changes to the Visa Waiver Program to Implement the Electronic System for Travel Authorization (ESTA) Program: Interim Final Rule. Requires Visa Waiver Program travelers to provide certain biographical information to U.S. Customs and Border Protection (CBP) officers electronically before departing to the United States.

Advanced Information on Private Aircraft Arriving and Departing the United States: Notice of Proposed Rulemaking. The proposed rule will require more detailed information to be filed with CBP's eAPIS system about arriving and departing private aircraft and persons onboard within a timeframe necessary to assess the risks that certain flights may pose to national security.

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Notice

On August 31, 2007, the U.S. District Court for the Northern District of California issued a temporary restraining order in AFL-CIO, et al. v. Chertoff, et al. (N.D. Cal. Case No. 07-CV-4472 CRB). The temporary restraining order against the Department of Homeland Security and the Social Security Administration enjoins and restrains those agencies from implementing the Final Rule entitled "Safe-Harbor Procedures for Employers Who Receive a No-Match Letter."

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