On November 20 the Department of Homeland Security (DHS) completed its rule making process for Chemical Facilities Anti-Terrorism Standards (CFATS) by publishing the final version of Appendix A to the standard. The purpose of CFATS is to prevent the intentional misuse of any of about 320 chemicals of interest (COI) listed in Appendix. The standard addresses three areas of misuse, including intentional release, theft and sabotage and provides screening threshold quantities for each. Although the regulation is directed towards industrial and commercial facilities, the rule does apply to universities and most other facilities that possess any COI in excess of the screening threshold quantities. Teaching, research and conservation laboratories are also covered by the standard, but are exempt from requirements regarding risks associated with intentional release.
The regulation requires facilities to estimate the types and quantities of the COIs on hand. If the screening threshold quantity for any COI is exceeded, the facility must submit a Top-Screen analysis to the DHS within 60 days of the November 20 publication date. On November 27, 2007, SMU requested and was granted a 60-day extension of the Top-Screen submission deadline.
In March 2008, Southern Methodist University completed its initial inventory phase of CFATS with your help and determined that SMU did not posses any Chemicals of Interest at or above the Screening Threshold Quantity (STQ) at that time. However, Pursuant to § 27.210(a)(1)(i), facility must notify DHS by completing the Top-Screen process within 60 calendar days of coming into possession of any COI at or above STQ. A chemical facility is liable to the United States for a civil penalty of $25,000 for each day during which the violation continues.
In order to aid you in this process, a copy of Appendix A of the standard is linked, providing a comprehensive list of COIs. A spreadsheet can also be downloaded to record your locations and amounts of any COIs you identify at your facility. Personnel in charge of the use of these chemicals is also responsible of notifying Environmental Health and Safety. In order to notify EHS, download and complete the spreadsheet and send it to Director of Environmental Health and Safety, PO Box 750231, Dallas, Texas 75275-0231.
If you have questions about the regulation or the process please contact the Office of Risk Management at 214-768-3228 or 214-768-3224.