- 26 February 2007 -
Homeland Security Issues New Chemical Facility Security Regulations

Congress passed legislation on chemical plant security and President Bush signed it on October 4, 2006.  The new measure was part of the 2007 appropriations bill for the Department of Homeland Security (DHS) and required DHS to establish risk-based and performance-based standards for chemical plants to help protect against terrorist attacks.  Specifically, DHS must promulgate regulations within six months for those chemical facilities that "present high levels of security risk."

In the legislation, DHS was given broad and largely undefined powers to define what it means to be a "high risk" chemical plant, and, thus, subject to the regulation.  Similarly, other terms such as "risk-based performance standards”"are not defined in the legislative language and must be defined by DHS in the new regulation.

On Dec. 28, 2006, DHS issued an advanced notice of rulemaking seeking comments on the proposed text of the interim final regulations and some practical and policy issues integral to the development of a chemical facility security program. The regulations require chemical facilities complete a secure online risk assessment to assist in determining overall level of risk. Facilities determined to be "high-risk"will then be required to conduct vulnerability assessments and submit site security plans that meet the appropriate performance standards. DHS will validate the information provided by the facilities through audits and inspections.

Performance standards will be designed to achieve specific outcomes such as securing perimeters and critical targets at the facility, controlling access, deterring theft of potentially dangerous chemicals and preventing internal sabotage. Security strategies necessary to satisfy these standards will depend on the level of risk at each facility.  Failure to comply with the performance standards could result in civil penalties (up to $25,000 per day). Egregious noncompliance could result in an order to cease operations.

Under the legislation, the regulations must be in effect by April 4, 2007.  DHS expects immediate implementation for the highest risk facilities and a phased implementation at other chemical facilities that present security risks beginning in April 2007 and continuing through 2008.

For more information on this regulation visit the DHS website at www.dhs.gov.