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U.S. Department ofHomeland Security Chemicals of Interest
Anti-terrorism Standard
Overview of the Overview of the Proposed Program Proposed Program
as it applies toas it applies to Fox Chase Cancer Fox Chase Cancer
CenterCenter
What is the Standard?What is the Standard?[ as of November 20, [ as of November 20, 2007]2007]
Interim Final Rule that imposes Interim Final Rule that imposes comprehensive federal security comprehensive federal security regulations for “high risk” “chemical regulations for “high risk” “chemical facilities”.facilities”.
Requires “covered facilities” to Requires “covered facilities” to prepare Security Vulnerability prepare Security Vulnerability Assessments and develop and Assessments and develop and implement Site Security Plans.implement Site Security Plans.
Authorizing LegislationAuthorizing Legislation This regulation is authorized by This regulation is authorized by
the the Department of Homeland Department of Homeland Security Appropriations Act of Security Appropriations Act of 20072007 (Public Law 109-295, (Public Law 109-295, Section 550) [The Act].Section 550) [The Act].
What is the Standard?What is the Standard?
Final Rule was published in the Final Rule was published in the Federal Register on December 20, Federal Register on December 20, 2007 and becomes effective 60 days 2007 and becomes effective 60 days after, January 17, 2008. after, January 17, 2008.
Important DefinitionsImportant Definitions
CHEMICAL FACILITY CHEMICAL FACILITY
HIGH RISK HIGH RISK
COVERED FACILITYCOVERED FACILITY
TOP-SCREEN PROCESSTOP-SCREEN PROCESS
Chemical Facility Anti-TerroChemical Facility Anti-Terrorism Standardsrism Standards
The Department of Homeland The Department of Homeland Security (DHS) has issued Security (DHS) has issued Chemical Facility Anti-Terrorism StanChemical Facility Anti-Terrorism Standardsdards for any facility that manufactures, for any facility that manufactures, uses, stores, or distributes certain uses, stores, or distributes certain chemicals above a specified chemicals above a specified quantity. quantity. The standard may apply The standard may apply to hospitals and research to hospitals and research institutions and you may have to institutions and you may have to file a report to DHS by 1/19/08. file a report to DHS by 1/19/08.
Chemical Facility Anti-TerroChemical Facility Anti-Terrorism Standardsrism Standards
On November 20, 2007 DHS published On November 20, 2007 DHS published an updated Appendix A to this an updated Appendix A to this standard identifying nearly 300 standard identifying nearly 300 chemicals that present a security risk. chemicals that present a security risk. If a facility possesses amounts of a If a facility possesses amounts of a chemical at or above the threshold chemical at or above the threshold quantities specified in this inventory, quantities specified in this inventory, they are required to fill out the “Top-they are required to fill out the “Top-Screen” questionnaire within 60 days Screen” questionnaire within 60 days of the publication date of 11-20-2007. of the publication date of 11-20-2007. There are three security issues There are three security issues involved: involved:
Chemical Facility Anti-TerroChemical Facility Anti-Terrorism Standardsrism Standards
To assist you in the assessment of To assist you in the assessment of your chemical inventory, ASHE has your chemical inventory, ASHE has converted the inventory list into an converted the inventory list into an excel spreadsheet that can be used excel spreadsheet that can be used as a tool to determine your facility’s as a tool to determine your facility’s status with regard to this Standard. status with regard to this Standard.
available at available at http://www.ashe.org/ashe/codes/legishttp://www.ashe.org/ashe/codes/legislativeissues.htmllativeissues.html. .
Chemical Facility Anti-TerroChemical Facility Anti-Terrorism Standardsrism Standards
If there are no chemicals present If there are no chemicals present in a facility at or above the in a facility at or above the screening threshold, then screening threshold, then nothing further is required.nothing further is required. The The threshold quantities apply to the 60 threshold quantities apply to the 60 days prior to the publication date of days prior to the publication date of 11-20-2007 and anytime thereafter. 11-20-2007 and anytime thereafter.
Important DefinitionsImportant Definitions CHEMICAL FACILITY: CHEMICAL FACILITY:
“…“…any facility that possesses or any facility that possesses or plans to possess, at any relevant plans to possess, at any relevant point in time, a quantity of a point in time, a quantity of a chemical substance determined by chemical substance determined by the Secretary to be potentially the Secretary to be potentially dangerous or that meets other risk-dangerous or that meets other risk-related criteria identified by the related criteria identified by the Department.” Department.”
Important DefinitionsImportant Definitions
Q: Is FCCC a Chemical Facility?Q: Is FCCC a Chemical Facility?A: Yes. Initial screening phase of A: Yes. Initial screening phase of
the program may demonstrate the program may demonstrate that FCCC possesses some of the that FCCC possesses some of the regulated chemicals in quantities regulated chemicals in quantities greater than the listed threshold greater than the listed threshold values. values.
HIGH RISK: “…refers to a chemical HIGH RISK: “…refers to a chemical facility that, in the discretion of the facility that, in the discretion of the Secretary of Homeland Security, Secretary of Homeland Security, presents a high risk of significant presents a high risk of significant adverse consequences for human adverse consequences for human life or health, national security life or health, national security and/or critical economic assets if and/or critical economic assets if subjected to terrorist attack, subjected to terrorist attack, compromise, infiltration, or compromise, infiltration, or exploitation.” exploitation.”
Important DefinitionsImportant Definitions
Q: Is FCCC a High Risk Facility?Q: Is FCCC a High Risk Facility? A: Unlikely. DHS will designate A: Unlikely. DHS will designate
facilities as High Risk only after the facilities as High Risk only after the initial screening phase. However, initial screening phase. However, conventional wisdom, along with conventional wisdom, along with recent comments by DHS officials, recent comments by DHS officials, are not clear if university research are not clear if university research facilities will not make that list.facilities will not make that list.
Important DefinitionsImportant Definitions
Important DefinitionsImportant Definitions
COVERED FACILITY: “…a chemical COVERED FACILITY: “…a chemical facility determined by the Assistant facility determined by the Assistant Secretary to present high levels of Secretary to present high levels of security risk…” security risk…”
Important DefinitionsImportant Definitions Is FCCC a covered facility?Is FCCC a covered facility?
Unlikely but possible. Unlikely but possible. The initial screening phase of the The initial screening phase of the program will probably result in FCCC program will probably result in FCCC not being designated a covered not being designated a covered facility. The result will be that we facility. The result will be that we will not be required to perform a will not be required to perform a Security Vulnerability Assessment or Security Vulnerability Assessment or develop a Site Security Plan. develop a Site Security Plan.
TOP-SCREEN PROCESS: TOP-SCREEN PROCESS:
“…“…an initial screening process an initial screening process identified by the Assistant identified by the Assistant Secretary through which chemical Secretary through which chemical facilities provide information to the facilities provide information to the department [of Homeland Security]department [of Homeland Security]…” …”
Important DefinitionsImportant Definitions
Q: Is FCCC required to participate in Q: Is FCCC required to participate in the Top-screen process?the Top-screen process?
A: Possibility. If we have even one A: Possibility. If we have even one regulated chemical in a quantity regulated chemical in a quantity greater than its listed threshold, we greater than its listed threshold, we must complete and submit a Top-must complete and submit a Top-screen. screen.
Important DefinitionsImportant Definitions
Authorizing LegislationAuthorizing Legislation The ActThe Act requires the development requires the development
and implementation of “risk-and implementation of “risk-based performance standards,” based performance standards,” and applies to facilities that and applies to facilities that “present high levels of security “present high levels of security risk.” risk.”
The ActThe Act builds on “pre-existing builds on “pre-existing federal security initiatives and federal security initiatives and chemical safety programs.”chemical safety programs.”
Developed by the American Society of Mechanical Engineers, RAMCAP is a method for evaluating consequences, vulnerability and risk for elements of critical infrastructure.The initial screening segment of RAMCAP, known as Top-screen, has been incorporated into the Chemical Facility Anti-terrorism Standard.
DHS Risk Assessment DHS Risk Assessment Methodology (RAMCAP)Methodology (RAMCAP)
Authorized by the Clean Air Act.Requires facilities with chemicals in amounts exceeding thresholds to implement an accident prevention program and an emergency response program, and submit a Risk Management Plan.
EPA Risk Management EPA Risk Management Program (RMP)Program (RMP)
Sets requirements for management of hazards associated with processes using highly hazardous chemicals.
OSHA Process Safety OSHA Process Safety Management of Highly Management of Highly Hazardous Chemicals Hazardous Chemicals Standard (PSM)Standard (PSM)
Covers emergency response operations involving the release of hazardous substances.Currently, only Jeff Henne and I participate in annual HAZWOPER training.
OSHA Hazardous Waste OSHA Hazardous Waste Operations and Operations and Emergency Response Emergency Response (HAZWOPER) Standard(HAZWOPER) Standard
Provides workers with the right to know the hazards associated with the chemicals with which they work, and measures they can take to protect themselves.Compliance with the HAZCOM Standard is one of the most important, and time-intensive, duties of the Safety Safety Office.
OSHA Hazard OSHA Hazard Communication Communication (HAZCOM) Standard(HAZCOM) Standard
Phased Implementation of Phased Implementation of the Standardthe Standard Chemical facilities will be required to Chemical facilities will be required to
complete and submit a Top-screen within complete and submit a Top-screen within 60 days of the publication of the final rule. 60 days of the publication of the final rule.
DHS will then determine which facilities will DHS will then determine which facilities will be required to continue in the program, and be required to continue in the program, and complete Security Vulnerability complete Security Vulnerability Assessments and Site Security Plans.Assessments and Site Security Plans.
FCCC’s participation in the program will FCCC’s participation in the program will probably end with the submission of the probably end with the submission of the Top-screen.Top-screen.
The Top-screen The Top-screen ProcessProcess
DHS considers terrorism risk to DHS considers terrorism risk to be a function of three be a function of three variables:variables:– Consequence (or criticality)Consequence (or criticality)– Vulnerability (or the Vulnerability (or the
likelihood that an attack likelihood that an attack would succeed if launched)would succeed if launched)
– Threat (or the likelihood an Threat (or the likelihood an attack would be launched in attack would be launched in the first place)the first place)
The Top-screen The Top-screen ProcessProcess
DHS also believes DHS also believes consequence is the initial consequence is the initial qualifying factor. qualifying factor. So it is requiring the use of So it is requiring the use of “Top-screen”, which is a “Top-screen”, which is a “consequence-only” “consequence-only” assessment tool.assessment tool.
The Top-screen ProcessThe Top-screen Process
Top-screen is a basic questionnaire that Top-screen is a basic questionnaire that chemical facilities will be required to chemical facilities will be required to complete.complete.
It is based on the RAMCAP model of the It is based on the RAMCAP model of the same name. same name.
It will be used to identify High Risk It will be used to identify High Risk facilities.facilities.
It will be completed online, using the DHS It will be completed online, using the DHS Chemical Security Assessment Tool Chemical Security Assessment Tool (CSAT).(CSAT).
The Top-screen Process – The Top-screen Process – Two Categories of UsersTwo Categories of Users
PROVIDER – “…a qualified PROVIDER – “…a qualified individual familiar with the facility individual familiar with the facility in question. This person will in question. This person will submit the screening tool.”submit the screening tool.”
The Top-screen Process – The Top-screen Process – Two Categories of UsersTwo Categories of Users
SUBMITTER – “…an officer of the SUBMITTER – “…an officer of the corporation (or equivalent) corporation (or equivalent) responsible for the facility in responsible for the facility in question. The Submitter will send question. The Submitter will send the completed Top-screen to DHS, the completed Top-screen to DHS, and in so doing, will attest to the and in so doing, will attest to the accuracy of the information accuracy of the information provided.” provided.”
The Top-screen Process – The Top-screen Process – Segment OneSegment One
The first segment of the Top-screen will The first segment of the Top-screen will include identifying information for the include identifying information for the facility, such as name, address, and facility, such as name, address, and geographic coordinates.geographic coordinates.
This segment will also address issues of This segment will also address issues of criticality by asking questions regarding criticality by asking questions regarding potential loss of life and loss of potential loss of life and loss of capability to execute critical missions capability to execute critical missions as the result of a terrorist incident. as the result of a terrorist incident.
The Top-screen Process – The Top-screen Process – Segment TwoSegment Two
The second segment asks a series of The second segment asks a series of exclusionary questions to screen out facilities exclusionary questions to screen out facilities that are excluded by law from the regulation.that are excluded by law from the regulation.
Excluded faculties are mainly those that are Excluded faculties are mainly those that are covered under the Maritime Transportation covered under the Maritime Transportation Security Act, are owned or operated by the Security Act, are owned or operated by the Departments of Defense or Energy, or are Departments of Defense or Energy, or are licensed by the Nuclear Regulatory licensed by the Nuclear Regulatory Commission. Commission.
The Top-screen Process – The Top-screen Process – Segment ThreeSegment Three
The third segment addresses risk to human The third segment addresses risk to human life by identifying which chemicals are life by identifying which chemicals are present.present.
DHS has developed, and is currently DHS has developed, and is currently refining, a list of chemicals and a threshold refining, a list of chemicals and a threshold quantity (TQ) for each. quantity (TQ) for each.
The facility will identify in the Top-screen The facility will identify in the Top-screen which of those chemicals are present at the which of those chemicals are present at the facility in quantities equal to or above the facility in quantities equal to or above the TQ.TQ.
This segment addresses security issues This segment addresses security issues associated with specific chemicals and TQs.associated with specific chemicals and TQs.
What We Need to Do What We Need to Do
Register to access the Chemical Security Register to access the Chemical Security Assessment Tool (CSAT).Assessment Tool (CSAT).
Identify a Preparer (Provider), Identify a Preparer (Provider), Submitter, and Submitter, and Authorizer (can be Provider or Submitter).Authorizer (can be Provider or Submitter).
What We Need to Do What We Need to Do
Pre-plan for work required to complete the Pre-plan for work required to complete the Top-screen within 60 days of the rule Top-screen within 60 days of the rule being published. This will probably involve being published. This will probably involve checking existing chemical inventories checking existing chemical inventories against the proposed Appendix A against the proposed Appendix A chemicals and scheduling field inspections chemicals and scheduling field inspections of buildings that store chemicals. of buildings that store chemicals.
What We Need to Do What We Need to Do
Schedule A Chemicals of Schedule A Chemicals of InterestInterest– ReleaseRelease– TheftTheft– SabotageSabotage– Security IssuesSecurity Issues
What We Need to Do What We Need to Do
Department of Homeland Department of Homeland Security Chemical Facility Anti-Security Chemical Facility Anti-Terrorism Standards: Terrorism Standards:
Final RuleFinal Rule (November 19, 2007) (November 19, 2007)
