Thursday, January 13, 2022

OCS Updates CFATS FAQ – 1-13-22

Today, CISA’s Office of Chemical Security (OCS) updated the responses to one of the Frequently Asked Questions (FAQ) on the Chemical Facility Anti-Terrorism Standards (CFATS) Knowledge Center. The revision updates the civil penalty that may be assessed under the CFATS program.

The FAQ is # 1554 - Does the Cybersecurity and Infrastructure Security Agency (CISA) have enforcement authority to fine noncompliant facilities, to include shutting down a facility?

NOTE: The link provided for the FAQ in this post was copied from the CFATS Knowledge Center but may not work when followed from your machine. This is an artifact of that web site. If the links do not take you to the referenced FAQ, you will have to use the ‘Advanced Search’ function on the page to link to the FAQ or download the ‘All FAQs’ document at the bottom of the ‘Advanced Search’ page.

The new version of the FAQ response lists the maximum fine that the Department may assess as $38,139 for each day the violation continues. This is an increase from the $35,486 quoted in the previous version of the FAQ response. This was increased by a DHS final rule published on January 11th, 2022. The CISA portion of that rule set the new maximum level for the CFATS program.

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