Transcript Slide 1

The Office of Infrastructure Protection
National Protection and Programs Directorate
Department of Homeland Security
Chemical Facility Anti-Terrorism Standards Update
Ohio Chemical Technology Council
November 12, 2013
Chemical Facility Anti-Terrorism Standards
 The Chemical Facility Anti-Terrorism Standards
(CFATS) regulatory program focuses specifically
on security at high-risk chemical facilities
– The CFATS program identifies and regulates highrisk chemical facilities to ensure they have
security measures in place
 The Department works closely with the private
sector and industry to assess risks, implement
protective programs, and measure effectiveness
– Facilities must meet and maintain performancebased security standards appropriate to the
facilities and the risks they pose
Source: DHS
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Origins in a Post-9/11 World
 For decades, chemical facilities were safe, but not necessarily secure
– Post 9/11 paradigm shift to security
– However, many chemical facilities did not voluntarily invest sufficiently in
security
 Senator Corzine proposed Federal legislation six weeks after 9/11
– Vehemently opposed by industry; failed to pass
 Pittsburgh Tribune-Review expos
– Throughout 2002 & 2003, Reporter Carl
Prine walked into chemical facilities around
the country with a smile and wave
 60 Minutes story (6/13/04)
– Steve Kroft & Carl Prine walked into many
of the same plants, this time with cameras
– Public groundswell arose for action
Pittsburgh Tribune-Review available at Newseum.org
Images of Kroft and Pine available on PBS.org
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Legislative Development
 DHS agreed that chemical facility security legislation should be a top priority
– A successful attack on one of many chemical facilities could cause significant loss of
human life
– Immediately post-9/11, many chemical facilities had woefully insufficient security
– Simply relying on voluntary industry security efforts was not having a sufficient effect
 Many Congressmen heeded the call, and various bills were introduced
– Legislation was supported by the public, Congress, and even industry
– Multiple detailed bills were proposed but no agreement was reached
 On October 4, 2006, President Bush signed House Homeland Security
Appropriations Bill, which included a provision to give DHS regulatory authority
over “high-risk chemical facilities”
 To implement this new authority, the Department developed the Chemical
Facility Anti-Terrorism Standards (CFATS), 6 CFR Part 27
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Guiding Principles of the CFATS Program
 Not all chemical facilities present the same level of risk
– The most scrutiny should be focused on those that, if attacked, could endanger the
greatest number of lives, have the greatest economic impact, or present other
significant risks
 Facility security should be based on reasonable and clear performance
standards
– Facilities should be given flexibility to select site-specific security measures that will
effectively address those risks
 Recognize the progress many responsible companies have made to date and
build on that progress
 Security measures should never compromise safety measures
 Chemical facility security risks should not be transferred to surrounding
communities
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Who Is Regulated?
 Whether CFATS applies to a facility depends on the facility’s unique
characteristics, starting with the quantity of Chemicals of Interest (COI) the
facility possesses.
 Potential regulation is not based on the facility type, meaning that many
different types of facilities may be subject to CFATS, including:
– Chemical manufacturers
– Warehouses and distributors
– Oil and gas operations
– Hospitals
– Semi-conductor manufacturers
– Colleges and universities
 Congress did exempt several types of facilities from regulation:
– Facilities regulated under the Maritime Transportation Security Act (MTSA) or
regulated by the Nuclear Regulatory Commission (NRC)
– Facilities owned or operated by the Departments of Defense or Energy
– Public water systems and water treatment works
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CFATS Process
Initiate CFATS Process
Complete Top-Screen
Complete SVA or ASP
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Facility with Chemicals
of Interest (COI) at or
above the Screening
Threshold Quantity
(STQ) recognizes the
need to submit a TopScreen and completes
CVI training and CSAT
user registration.
CFATS Help Desk
registers the facility
and provides a user ID
and password.
Facility completes
Top-Screen,
identifying chemicals
and quantities and
providing other
relevant information.
DHS reviews TopScreen information
and determines the
facility's Preliminary
Tier status or
determines that
facility is not high risk.
DHS sends facility a
Preliminary Tier letter
and deadline for
completing a Security
Vulnerability
Assessment (SVA) or an
Alternative Security
Program (ASP for Tier 4
facilities, if they
choose). If DHS has
determined that the
facility is not high risk,
the facility is sent a
letter releasing it from
further regulation.
Covered (high-risk)
facility completes an
SVA or ASP to provide
more detailed
information about COI
and vulnerability to
attack.
SVA/ASP Review
Step 7
DHS reviews SVA or
ASP information
provided and
determines either the
facility’s Final Tier or
that facility is not high
risk.
Complete SSP or ASP
Step 8
DHS notifies the
facility of its final
status, and tiered
facilities are
provided deadlines
for completing an
Site Security Plan
(SSP) or ASP.
Step 9
Facility completes
an SSP or ASP
detailing sitespecific security
measures to satisfy
applicable RiskBased Performance
Standards.
Authorization
Step 10
DHS reviews SSP or
ASP and (a) issues
an authorization
letter for SSP or ASP
and schedules an
inspection or (b)
issues notice to
resolve deficiencies.
Failure to resolve
deficiencies may
result in
disapproval.
Inspection & Approval
Step 11
Step 12
DHS conducts
authorization
inspection, reviews all
available information,
and either issues a
Letter of Approval for
the SSP or ASP or
issues notice to the
facility to resolve
deficiencies. Failure to
resolve deficiencies
may result in
disapproval.
If SSP or ASP is
approved, DHS
conducts compliance
inspections on a
regular and recurring
basis to verify
continued compliance
with the approved SSP
or ASP.
Risk-Based Performance Standards
RBPS guidance, though non-prescriptive, exemplifies security measures that
covered facilities may wish to consider when developing SSPs or ASPs.
Facilities are free to include other measures in their SSPs or ASPs,
provided such measures satisfy applicable RBPS.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Restrict area perimeter
Secure site assets
Screen and control access
Deter, detect, delay
Shipping, receipt, and storage
Theft and diversion
Sabotage
Cyber
Response
Monitoring
11.
12.
13.
14.
15.
16.
17.
18.
Training
Personnel surety
Elevated threats
Specific threats,
vulnerabilities, or risks
Reporting of significant
security incidents
Significant security incidents
and suspicious activities
Officials and organization
Records
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Program Status: Covered Facilities
 DHS has received over 46,000 Top-Screens.
 Of the Top-Screens received and analyzed, DHS issued preliminary tier
notification and SVA due dates to over 8,500 facilities.
 DHS has received over 8,500 SVAs and has reviewed nearly all of them.
 As of November 4, 2013, CFATS covers 4,321 facilities (3,398 final tiered
facilities, 923 preliminarily tiered facilities) across all 50 states.
Tier
Final Tiered
Facilities
Facilities Awaiting
Final Tier
1
110
12
2
359
50
3
1032
174
4
1897
687
Total
3398
923
All statistics are current as of November 4, 2013
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Program Status: Other Results
 Since the program’s inception, more
than 3,000 facilities have voluntarily
removed or reduced the onsite quantity
of chemical of interest (COI), or
modified their processes, to the point
that they are no longer considered
high-risk
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Progress on CFATS Implementation
 The Department is working to continuously strengthen the CFATS program
and improve its implementation
 Progress in the last year includes:
– Improving the SSP/ASP review process and increasing the pace of SSP/ASP
reviews and approvals
– Engaging industry in the development of ASP templates
– Instituting corporate security reviews
– Completing an external peer review of the CFATS risk assessment
methodology
– Publishing a Federal Register 60- Day Notice on the Personnel Surety
Program. The Notice closed on June 4, 2013
– Conducting the first Compliance Inspection in September
 Upcoming:
– 30-Day Personnel Surety Notice in the Federal Register
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Executive Order on Chemical Safety and Security
 On August 1, 2013, the President issued an Executive Order to improve the
safety and security of chemical facilities and reduce the risks of hazardous
chemicals to first responders, workers, and communities.
 The Executive Order directs the Federal Government to:
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–
–
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Improve operational coordination with state and local partners;
Enhance federal agency coordination and information sharing;
Modernize policies, regulations and standards; and
Work with stakeholders to identify best practices.
 DHS, along with the Environmental Protection Agency (EPA) and the
Department of Labor (DOL), are serving as co-chairs for the Chemical
Safety and Security Working Group. Federal agencies have formed subworking groups and begun implementing actions of the Executive Order.
 More information can be found at http://www.whitehouse.gov/the-pressoffice/2013/08/01/executive-order-improving-chemical-facility-safety-andsecurity
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Executive Order
Improving Chemical Facility Safety and Security
EO Listening Sessions
November 5, 2013
Texas City, Texas
November 15, 2013
Washington, DC
November 19, 2013
Springfield, IL
November 25, 2013
Webinar
December 4, 2013
Hamilton, NJ
December 11, 2013
Orlando, FL
December 16, 2013
Webinar
Week of January 8, 2014
California (Tentative)
January 14, 2014
Washington, DC
Week of January 20, 2014
Houston, TX (Tentative)
 Comments and questions are also being collected through submission to
[email protected]
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Learn More About CFATS
 CFATS Web site: For CFATS Frequently Asked
Questions (FAQs), and other useful CFATSrelated information, please go to
www.dhs.gov/chemicalsecurity.
 Presentations and Conferences: DHS is
interested in participating in events to provide
information and updates on the CFATS
program– request a presentation or a chemical
security conference booth by e-mailing DHS at
[email protected].
 CFATS Help Desk: DHS has developed a
CFATS Help Desk that individuals can call or
email with questions on the CFATS program.
– Toll-Free number: 1-866-323-2957; e-mail
address: [email protected].
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For more information visit:
www.dhs.gov/criticalinfrastructure
Frank Blair
Chemical Security Inspector, ISCD
[email protected]