The Chemical Facility Anti-Terrorism Standards (CFATS) program requires a facility that is determined to be high-risk to develop and implement security measures that meet applicable risk-based performance standards (RBPS) for securing chemicals of interest (COI).
Both the Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 § 550 and CFATS, 6 CFR Part 27, provide authority for the Department to conduct authorization inspections. Specifically, 6 CFR § 27.250(a) provides authority for the Department to enter, inspect, and audit the property, equipment, operations, and records of CFATS covered facilities.
CFATS Penalty Policy
The Department’s Infrastructure Security Compliance Division (ISCD) is authorized to issue an Administrative Order (A Order) and an Order Assessing Civil Penalty (B Order) to a chemical facility found to be in violation of CFATS. Both A Orders and B Orders may be appealed pursuant to the procedures set forth in 6 CFR Part 27 Subpart C.
Compliance failures are divided into several categories:
- Failure to File Violations
- Site Security Plan (SSP)/Alternative Security Program (ASP) Deficiencies (generally found during the authorization and approval process) and/or SSP/ASP Infractions (generally found during Compliance Inspections)
- Chemical-terrorism Vulnerability Information (CVI) Violations.