NOTE: On November 20, 2007 the Department published the final Appendix A in the Federal Register. With the publication of a final Appendix A, all provisions of 6 CFR Part 27, including § 27.210(a)(1)(i), are operative and in effect.
In developing the list, the Department looked to existing expert sources of information including other federal regulations related to chemicals. The other sources that the Department referenced in part are:
- Chemicals covered under the Environmental Protection Agency’s Risk Management Program;
- Chemicals included in the Chemical Weapons Convention;
- Hazardous materials, such as gases that are poisonous by inhalation; and
- Explosives regulated by the Department of Transportation.
The Department of Homeland Security has identified three security issues related to chemicals:
- Release: Toxic, flammable, or explosive chemicals or materials that, if released from a facility, have the potential for significant adverse consequences for human life or health.
- Theft or Diversion: Chemicals or materials that, if stolen or diverted, have the potential to be misused as weapons or easily converted into weapons using simple chemistry, equipment or techniques, in order to create significant adverse consequences for human life or health.
- Sabotage: Chemicals or materials that, if mixed with readily available materials, have the potential to create significant adverse consequences for human life or health.
The Department continues to assess available information about chemicals critical to government mission and the economy. The Department will use the information it collects through the Top-Screen process to identify facilities responsible for economically critical and mission-critical chemicals.