U.S. Department of Homeland Security Chemicals of Interest Anti-terrorism Standard

1. U.S. Department of Homeland Security Chemicals of Interest Anti-terrorism Standard

2. Overview of the Proposed Program as it applies to Fox Chase Cancer Center

3. What is the Standard?[ as of November 20, 2007] • Interim Final Rule that imposes comprehensive federal security regulations for “high risk” “chemical facilities”. • Requires “covered facilities” to prepare Security Vulnerability Assessments and develop and implement Site Security Plans.

4. Authorizing Legislation • This regulation is authorized by the Department of Homeland Security Appropriations Act of 2007 (Public Law 109-295, Section 550) [The Act].

5. What is the Standard? • Final Rule was published in the Federal Register on December 20, 2007 and becomes effective 60 days after, January 17, 2008.

6. Important Definitions • CHEMICAL FACILITY • HIGH RISK • COVERED FACILITY • TOP-SCREEN PROCESS

7. Chemical Facility Anti-Terrorism Standards • The Department of Homeland Security (DHS) has issued Chemical Facility Anti-Terrorism Standards for any facility that manufactures, uses, stores, or distributes certain chemicals above a specified quantity.  The standard may apply to hospitals and research institutions and you may have to file a report to DHS by 1/19/08. 

8. Chemical Facility Anti-Terrorism Standards • On November 20, 2007 DHS published an updated Appendix A to this standard identifying nearly 300 chemicals that present a security risk. If a facility possesses amounts of a chemical at or above the threshold quantities specified in this inventory, they are required to fill out the “Top-Screen” questionnaire within 60 days of the publication date of 11-20-2007.  There are three security issues involved:

9. Chemical Facility Anti-Terrorism Standards • To assist you in the assessment of your chemical inventory, ASHE has converted the inventory list into an excel spreadsheet that can be used as a tool to determine your facility’s status with regard to this Standard. • available at http://www.ashe.org/ashe/codes/legislativeissues.html.

10. Chemical Facility Anti-Terrorism Standards • If there are no chemicals present in a facility at or above the screening threshold, then nothing further is required. The threshold quantities apply to the 60 days prior to the publication date of 11-20-2007 and anytime thereafter.

11. Important Definitions • CHEMICAL FACILITY: “…any facility that possesses or plans to possess, at any relevant point in time, a quantity of a chemical substance determined by the Secretary to be potentially dangerous or that meets other risk-related criteria identified by the Department.”

12. Important Definitions Q: Is FCCC a Chemical Facility? A: Yes. Initial screening phase of the program may demonstrate that FCCC possesses some of the regulated chemicals in quantities greater than the listed threshold values.

13. Important Definitions • HIGH RISK: “…refers to a chemical facility that, in the discretion of the Secretary of Homeland Security, presents a high risk of significant adverse consequences for human life or health, national security and/or critical economic assets if subjected to terrorist attack, compromise, infiltration, or exploitation.”

14. Important Definitions • Q: Is FCCC a High Risk Facility? • A: Unlikely. DHS will designate facilities as High Risk only after the initial screening phase. However, conventional wisdom, along with recent comments by DHS officials, are not clear if university research facilities will not make that list.

15. Important Definitions • COVERED FACILITY: “…a chemical facility determined by the Assistant Secretary to present high levels of security risk…”

16. Important Definitions • Is FCCC a covered facility? Unlikely but possible. The initial screening phase of the program will probably result in FCCC not being designated a covered facility. The result will be that we will not be required to perform a Security Vulnerability Assessment or develop a Site Security Plan.

17. Important Definitions • TOP-SCREEN PROCESS: “…an initial screening process identified by the Assistant Secretary through which chemical facilities provide information to the department [of Homeland Security]…”

18. Important Definitions • Q: Is FCCC required to participate in the Top-screen process? • A: Possibility. If we have even one regulated chemical in a quantity greater than its listed threshold, we must complete and submit a Top-screen.

19. Authorizing Legislation • The Act requires the development and implementation of “risk-based performance standards,” and applies to facilities that “present high levels of security risk.” • The Act builds on “pre-existing federal security initiatives and chemical safety programs.”

20. DHS Risk Assessment Methodology (RAMCAP) • Developed by the American Society of Mechanical Engineers, RAMCAP is a method for evaluating consequences, vulnerability and risk for elements of critical infrastructure. • The initial screening segment of RAMCAP, known as Top-screen, has been incorporated into the Chemical Facility Anti-terrorism Standard.

21. EPA Risk Management Program (RMP) • Authorized by the Clean Air Act. • Requires facilities with chemicals in amounts exceeding thresholds to implement an accident prevention program and an emergency response program, and submit a Risk Management Plan.

22. OSHA Process Safety Management of Highly Hazardous Chemicals Standard (PSM) • Sets requirements for management of hazards associated with processes using highly hazardous chemicals.

23. OSHA Hazardous Waste Operations and Emergency Response (HAZWOPER) Standard • Covers emergency response operations involving the release of hazardous substances. • Currently, only Jeff Henne and I participate in annual HAZWOPER training.

24. OSHA Hazard Communication (HAZCOM) Standard • Provides workers with the right to know the hazards associated with the chemicals with which they work, and measures they can take to protect themselves. • Compliance with the HAZCOM Standard is one of the most important, and time-intensive, duties of the Safety Safety Office.

25. Phased Implementation of the Standard • Chemical facilities will be required to complete and submit a Top-screen within 60 days of the publication of the final rule. • DHS will then determine which facilities will be required to continue in the program, and complete Security Vulnerability Assessments and Site Security Plans. • FCCC’s participation in the program will probably end with the submission of the Top-screen.

26. The Top-screen Process • DHS considers terrorism risk to be a function of three variables: • Consequence (or criticality) • Vulnerability (or the likelihood that an attack would succeed if launched) • Threat (or the likelihood an attack would be launched in the first place)

27. The Top-screen Process • DHS also believes consequence is the initial qualifying factor. So it is requiring the use of “Top-screen”, which is a “consequence-only” assessment tool.

28. The Top-screen Process • Top-screen is a basic questionnaire that chemical facilities will be required to complete. • It is based on the RAMCAP model of the same name. • It will be used to identify High Risk facilities. • It will be completed online, using the DHS Chemical Security Assessment Tool (CSAT).

29. The Top-screen Process – Two Categories of Users • PROVIDER – “…a qualified individual familiar with the facility in question. This person will submit the screening tool.”

30. The Top-screen Process – Two Categories of Users • SUBMITTER – “…an officer of the corporation (or equivalent) responsible for the facility in question. The Submitter will send the completed Top-screen to DHS, and in so doing, will attest to the accuracy of the information provided.”

31. The Top-screen Process – Segment One • The first segment of the Top-screen will include identifying information for the facility, such as name, address, and geographic coordinates. • This segment will also address issues of criticality by asking questions regarding potential loss of life and loss of capability to execute critical missions as the result of a terrorist incident.

32. The Top-screen Process – Segment Two • The second segment asks a series of exclusionary questions to screen out facilities that are excluded by law from the regulation. • Excluded faculties are mainly those that are covered under the Maritime Transportation Security Act, are owned or operated by the Departments of Defense or Energy, or are licensed by the Nuclear Regulatory Commission.

33. The Top-screen Process – Segment Three • The third segment addresses risk to human life by identifying which chemicals are present. • DHS has developed, and is currently refining, a list of chemicals and a threshold quantity (TQ) for each. • The facility will identify in the Top-screen which of those chemicals are present at the facility in quantities equal to or above the TQ. • This segment addresses security issues associated with specific chemicals and TQs.

34. What We Need to Do • Register to access the Chemical Security Assessment Tool (CSAT). • Identify a Preparer (Provider), • Submitter, and • Authorizer (can be Provider or Submitter).

35. What We Need to Do • Pre-plan for work required to complete the Top-screen within 60 days of the rule being published. This will probably involve checking existing chemical inventories against the proposed Appendix A chemicals and scheduling field inspections of buildings that store chemicals.

36. What We Need to Do • Schedule A Chemicals of Interest • Release • Theft • Sabotage • Security Issues

37. What We Need to Do • Department of Homeland Security Chemical Facility Anti-Terrorism Standards: Final Rule (November 19, 2007)