Earlier this week DHS updated the Identifying Facilities Covered by the Chemical Security Regulation page on its web site. DHS expanded the description of facilities that may be affected by CFATS and re-worded the description of how facilities can determine if they will be affected.
Facilities that Might Be Affected by CFATS
The old web page listed only three categories of facilities that might be affected by CFATS. The new page expands the list to include:
- chemical manufacturing, storage and distribution;
- energy and utilities;
- agriculture and food;
- paints and coatings;
- plastics; and
This is still not an exhaustive list. We know from news reports that there were University labs that did make the list of 7,009 facilities labeled high-risk chemical facilities under the CFATS regulations.
The explanatory text accompanying the list has been re-written, but there were no major changes in the information provided. The tone does change somewhat reflecting the fact that there is no single category of facilities that must complete a Top Screen. The main determinant is the possession of more than a screening threshold quantity (STQ) of a chemical of interest (COI) from Appendix A to 6 CFR part 27. The new explanation still reinforces the fact that DHS may require other facilities to complete a Top Screen either through direct communication or the publication of a notice in the Federal Register.