Transcript CFATS Compliance Plan - Environmental Health & Safety

Chemical Facility Anti-terrorism
Standards (CFATS)
Compliance Plan Overview
prepared by
The Office of Environmental Health
& Safety
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Background
In late 2006, Congress passed the Department of
Homeland Security Act of 2007. In addition to
providing money for the Department of
Homeland Security (DHS), the law gives DHS the
authority to regulate the nation’s highest risk
chemical facilities and directs DHS to develop
chemical facility security regulations.
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In 2007, DHS published the regulations (6 CFR
part 27), which are known as CFATS. CFATS took
effect in 2007 and require “high-risk” chemical
facilities to enhance security and establish new
procedures for protecting chemical facility
security information. Whether a facility is “high
risk” is a risk-based determination made by DHS
on a facility-by-facility basis. Generally, the type
and amount of chemicals that a facility possesses
determine whether – and to what extent – a
facility is subject to CFATS.
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The Process
When a facility possesses any of the 325
chemicals of interest (COI) at or above the
threshold level list in Appendix A; the facility must
submit a report to DHS via a secure web portal.
This report is known as the Top-Screen.
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After reviewing the Top-Screen, DHS notifies each
facility of their preliminary security risk
determination. Facilities that do not “present a
high level of security risk” are not subject to
CFATS. These facilities have no further regulatory
obligation – though a material modification at
the facility may prompt further inquiry. (Even
when a facility is not regulated, COI should be
kept secured.) Facilities that do “present a high
level of security risk” are subject to additional
review and must complete a Security
Vulnerability Assessment (SVA).
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• Facilities that are required to complete a SVA
must submit the completed SVA back to DHS
within the specific timeline based on their
preliminary risk based tier level.
• There are four risk-based tiers ranging from high
(Tier 1) to low (Tier 4).
• Based on your SVA, DHS will perform a final
threat analysis to determine your facility's final
tier level.
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• For facilities that are determined to be highrisk, DHS requires each of the facilities to comply
with regulatory measures, including developing
and implementing a Site Security Plan (SSP) or
Alternate Security Plan (ASP), which describes
security measures (both physical and procedural).
• DHS has the authority to impose civil penalties up
to $25,000 a day and/or, shut down noncompliant facilities.
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• Any information that is developed and/or submitted
to DHS pursuant to CFATS is protected under the
Chemical-terrorism Vulnerability Information (CVI)
law from inappropriate public disclosure. CVI must
be safeguarded at all times and it can not be shared
with other, non-CVI users.
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Process for Compliance
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• OSU faculty and staff need to maintain a chemical
inventory in the EHS Assistant web-based
chemical inventory system.
• Any changes involving COI must be reported to
EHS within 30 days of the occurrence.
• EHS will review the submitted chemical
inventories for COI and quantities. If any COI are
over threshold limits, EHS will contact PI/
Supervisor to verify the COI and the reported
quantity.
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• Upon verification of a COI at or above threshold,
EHS will advise the PI that additional security
measures should be taken to safeguard the COI.
• EHS will Perform/Update Top Screen
• Based upon DHS’s preliminary risk based tier
level, EHS may request additional information in
order to complete the SVA.
• If DHS’s final risk determination is that your
facility is a high risk facility, EHS will request that
you assign a Facility Security Coordinator (FSC)
who will work with EHS to develop your ASP/SSP.
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• EHS will complete the ASP/SSP and will discuss
security policies and procedures detailed in the plan
with the FSC prior to submitting the completed plan
to DHS for approval.
• In the event that DHS does not approve the initial
ASP/SSP, EHS in conjunction with the FSC, will modify
the plan as needed and re-submit to DHS.
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Compliance Time Lines
• If you possess any COI at or above threshold, the
Top Screen must be submitted to DHS within 60
days.
• If required, SVA’s must be submitted within 90
days.
• If required, SSP’s/ASP’s must be submitted within
120 days.
• Tier 1 & 2 facilities must re-submit every 2 years.
• Tier 3 & 4 facilities must re-submit every 3 years.
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Challenges to Compliance
• The vast size of the university offers major
challenges in the following areas:
– Coordination
– Communication
– Training
– Monitoring
– Physical Security
– Location of Branch Campuses
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• Facilities that have COI’s include:
– Hospitals
– School of Medicine
– School of Veterinary Medicine
– Research Labs
– Aquatic Facilities
– Airport
– Motor Pools
– Buildings and Grounds
– Agriculture Research Facilities
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• For COI users, training will need to be provided to
ensure that the knowledge and the tools are
available to comply with CFATS.
• For facility’s over threshold, Facility Security
Coordinators (FSC’s) will need to be assigned and
trained.
• It will be necessary to constantly monitor
chemical inventories for any changes that impact
COI threshold levels.
• Reviews will need to be conducted to ensure that
all plans are kept current and in compliance with
the latest regulations.
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• All PI’s and/or Lab managers must use EHS
Assistant, which is the web-based chemical
inventory system.
• Using EHS Assistant, PI/Lab managers can update
their inventory or other information, respond to
questions or correct any questions on their
inspections.
• Inventories must be submitted on a annual basis
and PI/Lab managers must certify that they are
correct.
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For additional information, contact:
• John Sharpe:
– Work: 614-292-0619
– Cell: 614-937-2756
– E-mail: [email protected]
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Web Sites
• EHS: www.ehs.osu.edu
• EHS Assistant: https://ehsa.osu.edu/ehsa
• DHS Chemical Security:
http://www.dhs.gov/files/programs/gc_1169501486
179.shtm
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