The Department of Homeland Security developed a chemicals of interest list (PDF, 16 pages - 2 MB) (Appendix A) (PDF, 41 pages - 2.12 MB) that includes chemicals that present one or more security issues.
On November 20, 2007 the Department of Homeland Security 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.
The deadline in the Chemical Facilities Anti-Terrorism Standard (CFATS) interim final rule for submission of “Top Screens” required by 6 CFR § 27.210(a)(1)(i) will be 60 calendar days from the date of publication of Appendix A in the Federal Register.
In developing the list, the Department looked to existing expert sources of information including other federal regulations related to chemicals. Among the other sources that the Department referenced in part are the following:
- 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 or Contamination —Chemicals or materials that, if mixed with readily available materials, have the potential to create significant adverse consequences for human life or health.
The following are two additional security issues being considered at this time. The Department of Homeland Security will use the Top Screen process to identify the chemicals associated with these security issues as well as to determine their potential future inclusion in Appendix A and/or coverage under Chemical Facility Anti-Terrorism Standards.
- Critical to Government Mission—Chemicals or facilities the loss of which could create significant adverse consequences for national security or the ability of the government to deliver essential services and
- Critical to National Economy —Chemicals or facilities the loss of which could create significant adverse consequences for the national or regional economy.
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.