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Chemical Facility Anti-Terrorism Standards

The U.S. Department of Homeland Security has released an interim final rule that imposes comprehensive federal security regulations for high-risk chemical facilities.

This rule establishes risk-based performance standards for the security of our nation’s chemical facilities. It requires covered chemical facilities to prepare Security Vulnerability Assessments, which identify facility security vulnerabilities, and to develop and implement Site Security Plans, which include measures that satisfy the identified risk-based performance standards.

It also allows certain covered chemical facilities, in specified circumstances, to submit Alternate Security Programs in lieu of a Security Vulnerability Assessment, Site Security Plan, or both.

Development of the Interim Final Rule

Although Section 550 of the DHS Appropriations Act of 2007 gives the Secretary of the Department of Homeland Security the authority to issue interim final regulations without prior notice and comment, the Department of Homeland Security chose to release an Advance Notice of Rulemaking (ANRM) on December 21, 2006; this notice sought comments on the proposed text for the interim final rule as well as on various implementation and policy issues related to the chemical security program. The Department received numerous and helpful comments from a variety of stakeholders, analyzed these recommendations, and incorporated many of them in the Interim Final Rule. 

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