Wednesday, June 3, 2020

CFATS Resources Page – 6-1-20 – Fact Sheets

In Monday’s post about the ‘Hydrogen Peroxide’ flyer, I noted that ISCD had included a link to that fact sheet on their CFATS Resources web page (okay, CISA is probably maintaining that page not ISCD in particular, but I won’t get too picky here). While that was the only new entry on the page, there were a number of changes to documents on that page that I had not previously noted because CISA had not been including change dates on web pages. For the most part there is nothing really earthshaking here, but CFATS facilities need to know that there are ‘updated’ documents available here.

Fact Sheets

This header includes a long list of ‘fact sheets’ about the Chemical Facility Anti-Terrorism Standards (CFATS) program. Most of these fact sheets now have updating dates in November 2019. The last update that I noted for many of them was in May of 2019; that was mainly a CISA branding function. Looking at a few of the documents the new versions have some relatively minor editorial word changes.

The one exception is the fact sheet on CFATS penalty assessments. When the original fact sheet was issued in 2017, the table for “Applicable fines for failing to file Top-Screen and/or SVA/SSP” in the fact sheet provided the same data as was found in the Table 1 of the 2017 policy letter. The updated ‘CFATS Penalty Policy page (link from ‘Fact Sheets’ section) links to the same policy letter, but there are some significantly different data in the new fact sheet.

For example: the policy letter reports that the first warning letter would be sent to a facility 14 days after the Top Screen submission deadline had passed. The fact sheet states that this letter would be sent 14 days before the submission deadline. Similarly, the first penalty assessment ($2,000) would be levied 30 days after the submission deadline according to the policy letter and just one day after the submission deadline according to the fact sheet. Again, the policy letter would levy a $2,000/day penalty for failure to file starting 90 days after the submission deadline and the fact sheet notes that that would start at 60-days.

I suspect that the two documents are talking about two different types of Top Screens. I think that the policy letter is describing an initial Top Screen for a facility that is not yet covered by the CFATS program and the fact sheet is referring to the recurring resubmissions that covered facilities are required to submit. I am basing this on the differing references to the date in the warning letter; ISCD is unlikely to know when the submission is required for the initial Top Screen and thus unable to provide a 14-day warning before the required submission date.

Industry-related Chemicals Fact Sheets

This subheading under ‘Fact Sheets’ provides a list of industries that frequently use DHS chemicals of interest (COI) that could require facilities to submit Top Screens. These fact sheets were originally published in 2017 and 2018 (see here for example) and most recently updated in 2019. While the republication was essentially a CISA rebranding effort, some editorial changes were made to the various fact sheets.

With the exception of the “Agricultural Production Facilities Fact Sheet”, clicking on any of the listed industries takes you the same web page; “INDUSTRY CHEMICAL FACILITY ANTI-TERRORISM STANDARDS (CFATS) RESOURCES”. There you have to again click on the industry of concern to get to the actual fact sheet of interest. The reason that the ag fact sheet is treated differently is because it is about the continued exemption from Top Screen submissions that DHS has provided to specifically defined agricultural production facilities.

Well, that is enough about the documents listed on this page for today. I will look at more of them in later posts.

No comments:

/* Use this with templates/template-twocol.html */