Jenner & Block: More Progress From DHS On Security Plan Approvals

Jenner & Block: More Progress From DHS On Security Plan Approvals

As previously reported on July 2, 2013, the Department of Homeland Security (DHS) continues to make progress in managing its Chemical Facility Anti-Terrorism Standards (CFATS) program. The CFATS program identifies and regulates high-risk chemical facilities to ensure they have security measures in place to reduce the risks associated with these chemicals.

With statistics through July 15, 2013, a recent June 2013 DHS fact sheet reports the following updates on the CFATS program:

·  More than 44,000 preliminary assessments were reviewed by DHS from facilities with chemicals of interest

·  4,298 facilities are currently covered by CFATS

·  More than 3,000 facilities voluntarily removed, reduced, or modified their holdings of chemicals of interest

·  1264 visits to assist facilities with compliance

·  536 Security Plans authorized

·  166 Security Plans approved following an on-site inspection

CFATS is the first DHS regulatory program focused specifically on security at high-risk chemical facilities. Federal law authorizes DHS to regulate security at chemical facilities that it determines are high-risk. DHS determines a facility's initial risk profile by requiring facilities in possession of specific quantities of specific chemicals of interest to complete a preliminary risk assessment. Facilities initially determined by DHS to be high-risk must complete and submit a Security Vulnerability Assessment. If DHS makes a final determination that a facility is high-risk, the facility must submit a Site Security Plan for DHS approval or an Alternative Security Program that includes security measures to meet applicable risk-based performance standards established by DHS.

It is interesting to note that the CFATS program is not 100% focused on chemical manufacturers. In fact, the majority of the first 100 approved security plans (26%) were at semi-conductor manufacturing sites. Approvals also have been completed for chemical and non-chemical manufacturing facilities, distribution warehouses, industrial gas plants, research and development facilities, waste management facilities, food processing plants, pest control facilities, and one university.

For more information about the CFATS program, visit www.dhs.gov/chemicalsecurity or call 1-866-323-2957.

    By E. Lynn Grayson, Partner, Jenner & Block

Read more at Corporate Environmental Lawyer Blog by Jenner & Block LLP.

For more information about LexisNexis products and solutions, connect with us through our corporate site