Chemical Security Laws and Regulations

These are the statutes, regulations, and notices regarding chemical security. Find out more on how the Department enhances chemical security.

Statute

Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014, Pub. L. No. 113-254 (PDF, 22 pages - 248 KB). An Act of Congress to reauthorize and codify into permanent law the Chemical Facility Anti-Terrorism Standards (CFATS) Program. The new legislation lays the foundation for the continued maturation of the CFATS Program, adding new provisions while preserving most of the existing regulation. It also establishes an Expedited Approval Program, which may allow chemical facilities in Tiers 3 and 4 to move to an approved site security plan more quickly. This authority replaces Sec. 550 of the Department of Homeland Security Appropriations Act of 2007.

Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 (PDF, 109 pages - 388 KB). Sec. 550 of the Act mandated 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 CFATS interim final rule was promulgated to fulfill the requirements of this Act.

Regulations

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.

Chemical Facility Anti-Terrorism Standards, Interim Final Rule. Published April 9, 2007. After gathering and incorporating comments from individuals, trade associations, companies, and numerous other entities, the CFATS regulation was published as an Interim Final Rule. DHS also published a proposed Appendix A, which included a 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).

Guidance

Chemical Facility Anti-Terrorism Standards: Guidance for the Expedited Approval Program. Published May, 13, 2015. DHS issued guidance to comply with the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014. The Act amended the Homeland Security Act of 2002 to require DHS to issue guidance for an Expedited Approval Program that identifies specific security measures sufficient to meet risk-based performance standards established as part of the CFATS regulations.

Risk-Based Performance Standards Guidance. Published on May 15, 2009. This guidance provided the Department’s interpretations of the level of performance facilities that each of the risk-based tiers created by CFATS should strive to achieve under each Risk-Based Performance Standard (RBPS). It also sought to help facilities comply with CFATS by describing in greater detail the 18 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.

Notices Posted in the Federal Register

Chemical Facility Anti-Terrorism Standards Suspension and Modification of Certain Submission Requirements. Published July 20, 2016. DHS informed the public of the actions the Department was taking to implement an improved tiering methodology for the Chemical Facility Anti-Terrorism Standards (CFATS) program that incorporates the relevant elements of risk mandated by section 2102(e)(2) of title XXI of the Homeland Security Act of 2002 (as amended). The notice temporarily suspended and modified certain submission requirements for chemical facilities of interest and covered chemical facilities. Implementation of the improved tiering methodology required changes to an Information Collection Request (ICR), which was approved by the Office of Management and Budget (OMB) on July 14, 2016.

CFATS Personnel Surety Program. Published December 18, 2015. DHS informed Tier 1 and Tier 2 high-risk chemical facilities covered under CFATS of the implementation of the CFATS Personnel Surety Program. The notice provides information on statutory and regulatory history, options available for compliance, program requirements and details, Chemical Security Assessment Tool user roles and responsibilities, and privacy considerations.

CFATS Appendix A Notice of Public Meeting. Published October 16, 2015. DHS invited public comment on the Appendix A Chemicals of Interest (COI) list. These comments may be used for potential revisions to the CFATS regulations. Along with the collection of written comments, DHS hosted a roundtable discussion and listening session on October 27, 2015.

Chemical Facility Anti-Terrorism Standards: Guidance for the Expedited Approval Program. Published May, 13, 2015. DHS issued guidance to comply with the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014. The Act amended the Homeland Security Act of 2002 to require DHS to issue guidance for an Expedited Approval Program that identifies specific security measures sufficient to meet risk-based performance standards established as part of the CFATS regulations.

CFATS Advance Notice of Proposed Rulemaking. Published on August 18, 2014. DHS initiated this rulemaking process as a step towards maturing the CFATS program and to identify ways to make the program more effective in achieving its regulatory objectives. This Advance Notice of Proposed Rulemaking provided an opportunity for the Department to hear and consider the views of interested members of the public, including regulated industry, on their recommendations for program modifications that could be incorporated into an updated CFATS regulation. The comment period was open through October 17, 2014.

DHS request for comment on CFATS regulatory provisions for aboveground gasoline storage tanks. Published on January 15, 2010. The Department of Homeland Security invited public comment on issues related to certain regulatory provisions in CFATS that apply to facilities that store gasoline in aboveground storage tanks. Written comments had to be submitted on or before March 15, 2010.

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

Clarification to Chemical Facility Anti-Terrorism Standards; Propane. Published March 21, 2008. This notice clarifies how certain provisions of 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.

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 end-users who would otherwise have been required to submit a Top-Screen consequence assessment through the secure online CSAT Top-Screen.

Federal Register CSAT Registration Reminder. Published April 25, 2007. The Department of Homeland Security recommended that chemical facilities register to access the Chemical Security Assessment Tool (CSAT) system. This was a voluntary registration process for facilities that think they may have been covered by the Department of Homeland Security's CFATS located in 6 CFR Part 27 and that wanted to initiate the process to determine whether or not they were covered by 6 CFR Part 27.

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 CFATS Interim Final Rule (IFR).

Advance Notice of Proposed Rulemaking: Chemical Facility Anti-Terrorism Standards. Published December 28, 2006. In order to fulfill the requirements Following the enactment of Pub. L. 109-295 (PDF, 109 pages - 388 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.

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.

A listing of Paperwork Reduction Act Notices for Comment is available.

Privacy Impact Assessments and System of Record Notices

For Privacy Impact Assessments and the associated Systems of Record Notices (SORNs) information, please visit the Privacy Documents for NPPD Page.