The following individuals might be able to provide information and assistance in the preparation and submittal of Top-Screen:

• Process safety personnel – they know about RMP inventories and documents.
• Environmental personnel – they have a broader idea of site inventories of chemicals because they are responsible for compiling the Tier 2 reports annually.
• Logistics/transportation personnel – they know who the customers are and the uses of the products that the site sells.
• Laboratory/research personnel – can also help on chemical inventories as many of the CWPs and WMEs are usually found in the laboratory because of the small container sizes.
• Marketing/sales personnel – they usually know who the customers are and the uses of site products and also can help with questions related to site capacities (e.g., refinery throughput).
• Engineering personnel – they should be able to help with questions related to replacement costs because they run the projects. Also, they can often a help with capacities and throughputs.
• Security personnel – they should know about all security issues at the facility.

See Attachment A of the CSAT Top Screen User Manual (http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf) (PDF, 66 pages - 1.67 MB).

You can access the Chemical Facility Anti-Terrorism Standards (CFATS) Interim Final Rule, which includes Appendix A: DHS Chemicals of interest and several fact sheets at the DHS Critical Infrastructure: Chemical Security website (http://www.dhs.gov/chemicalsecurity).

You may mail forms to the following mailing address:

Office of Infrastructure Protection
Chemical Security Compliance Division
ATTN: CSAT
Department of Homeland Security
Building 5300, MS 6282
P.O. Box 2008
Oak Ridge, TN 37831-6282

You may FAX forms or other information to this mailing address:

Office of Infrastructure Protection
Chemical Security Compliance Division
ATTN: CSAT
Department of Homeland Security
Building 5300, MS 6282
1 Bethel Valley Road
Oak Ridge, TN 37831-6282

You may also contact the CSAT help desk at e-mail address CSAT@DHS.GOV or phone1-866-323-2957 or FAX to 1-866-731-2728

You may call the CSAT Help Desk at (866) 323-2957 Monday through Friday from 7:00 AM until 7:00 PM, Eastern Standard Time.

In order to fill out and submit a Top-Screen, a facility will need to assemble information on all chemicals of interest (COI) that appear on appendix A.  The Top-Screen User's Manual has a list of resources to consult and individuals who may be able to assist a facility in assembling this information.  Facilities should use the Appendix A regulation and the instructions in the Top-Screen User's Manual to determine if they have COI in an amount at or above the applicable STQ as well as when they compile the Total On-site Quantity and the Area of ighest Quantity.

DHS has provided worksheets and an example of how to calculate the TOQ and AHQ in Attachment A of the Top Screen User's Manual at  (http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf)

A downloadable PDF file with the CSAT Top-Screen Questions is available through the DHS Chemical Security website at http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenquestions.pdf.

The Top-Screen User's Manual contains a list of all acronyms used in the CSAT Top-Screen, as well as additional information on how to complete the Top-Screen.  The CSAT Top-Screen User's Manual is available through the DHS Chemical Security website at http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf

If you would like to report a possible security concern involving the Chemical Facility Anti-Terrorism Standards (CFATS) regulation at your facility or another facility, you may contact the CFATS Chemical Facility Security Tip Line at 877-FYI 4 DHS (877 394-4347)  You are welcome to report these concerns on the voicemail anonymously, or, if you would like a return call, please leave your name and number.  If you are calling to report a potential security incident that has already occurred, please call the National Infrastructure Coordination Center at 202-282-9201. If you have a security emergency or terrorist incident, please hang up and call the FBI or 911 immediately.

If you have questions about CFATS in general, please call 866-323-2957.

Referenced Text:
You can access the Appendix to Chemical Facility Anti-Terrorism Standards; Final Rule at: www.dhs.gov/chemicalsecurity

Referenced Text:
In this final rule, DHS, among other things,: (i) adjusts the STQs for certain COI; (ii) defines the specific security issue or issues implicated by each chemical of interest, and in some cases, establishes different STQs for COI based upon the security issue presented; and (iii) adds provisions that instruct facilities on how to calculate the quantities of COI that they have in their possession.

Referenced Text:
These refinements to Appendix A will assist the Department in more precisely identifying facilities that may be designated as high risk, while reducing the burden on facilities that possess chemicals in smaller amounts.

Referenced Text:
This additional information provides guidance to regulated entities, so that they better understand how to use the appendix, and it explains the Department’s rationale(s) for including these chemicals, at these STQs, on the list.

Referenced Text:
There are three main categories of security issues: release, theft/diversion, and sabotage/contamination.

Referenced Text:
The “release” category has three subcategories: (1) Release-Toxic: chemicals with the potential to create a toxic cloud that would affect populations within and beyond the facility, if intentionally released; (2) Release-Flammables: chemicals with the potential to create a vapor cloud explosion that would affect populations within and beyond the facility, if intentionally released; and (3) Release-Explosives: chemicals with the potential to affect populations within and beyond the facility if intentionally detonated.

Referenced Text:
Theft/Diversion-Chemical Weapons (CW)/Chemical Weapons Precursors (CWP): chemicals that could be stolen or diverted and used as CW or easily converted into CW; (2) Theft/Diversion-Weapons of Mass Effect (WME): chemicals that could be stolen or diverted and used directly as WME; and (3) Theft/Diversion-Explosives (EXP)/Improvised Explosive Device Precursors (IEDP): chemicals that could be stolen or diverted and used in explosives or IEDs. The third category, “sabotage/contamination,” refers to those chemicals that, if mixed with other readily-available materials, have the potential to create significant adverse consequences for human life or health.

Referenced Text:
Each chemical in Appendix A presents at least one security issue, and some chemicals present multiple security issues. Where there are multiple issues associated with a chemical, a facility must complete and submit a Top-Screen if it meets or exceeds the STQ for any of the applicable security issues.

Referenced Text:
The Department will periodically update the list of chemicals in Appendix A and will do so subject to notice and comment. The Department may add or remove chemicals, or categories of chemicals, or may change STQs based on new or additional information.

Referenced Text:
The Department has also added § 27.204, which addresses mixtures. It provides a minimum concentration provision for each security issue. The Department included this provision in response to commenters, who requested guidance on how to treat mixtures of chemicals of interest.

Referenced Text:
To identify the release chemicals for Appendix A, the Department looked to the list of substances in the EPA’s RMP rule.12 See Tables 1 and 2 to 40 CFR § 68.130 for release-toxics and Tables 3 and 4 to 40 CFR § 68.130 for release-flammables. The Department had included all of the EPA RMP substances in proposed Appendix A,13 and aside from the exceptions noted below, continues to do so in this final appendix.  For release-toxics, the Department uses the same listing criteria, including the EPA acute toxicity criteria and vapor pressure cut-off, which can be found in EPA’s final rule, “List of Regulated Substances and Threshold for Accidental Release Prevention; requirements for Petitions Under Section 112(r) of the Clean Air Act as Amended.” See 59 FR 4478, 4482 (January 31, 1994). EPA includes a toxic substance on its RMP list if the substance is an acute toxic that has vapor pressure high enough that the release could result in an offsite poisonous inhalation hazard.

Referenced Text:
The first entry for AN in the appendix addresses AN as an explosive. The Department has listed the DOT Division 1.1 explosive: ammonium nitrate [with more than 0.2 percent combustible substances, including any organic substance calculated as carbon, to the exclusion of any other added substance].  The entry for this form of AN can be found in the DOT Hazardous Materials Regulations at 49 CFR § 172.101.  The second entry for AN in the appendix addresses the more common form of AN in solid form with a nitrogen concentration of 23% or greater. This form of AN is largely used in the agricultural community and in amounts that typically exceed 400 pounds (the STQ for all other theft/diversion-EXP/IEDP chemicals). Given the circumstances surrounding its use (i.e., extensive use in the agricultural industry), DHS has set the STQ for this form of AN at 2,000 pounds. (This form of AN in a mixture will count toward the STQ in a minimum concentration of 33% or more.)

The Appendix A COI aluminum powder (CAS No. 7429-90-5) encompasses aluminum paste and shavings.  The STQ for this COI is 100 pounds.  The minimum concentration is A Commercial Grade (ACG), defined as “any quality or concentration of a chemical of interest offered for commercial sale that a facility uses, stores, manufactures, or ships”. 6 CFR § 27.105. Therefore, a facility must count any commercial grade of aluminum powder (including paste and shaving) toward the STQ.  Consistent with 6 CFR § 27.203(a)(6), a facility need not consider the aluminum powder contained in articles, such as paints, inks, or dyes.

In determining whether the facility possesses an amount of COI at or above the STQ, facilities should consider the chemicals in their possession within the framework for each of the three separate and distinct security issue categories (release, theft/diversion, and sabotage/contamination).  A facility must count each COI in its possession, using the applicable STQs, minimum concentration, and counting provisions.  If the facility possesses an amount at or above the applicable STQ for a COL, it must complete and submit a Top-Screen.

Referenced Text:
Additional information on the treatment of COI that appear in more than one category under Appendix A can be found in the preamble to Appendix A of CFATS at 72 FR 65398.

Only state laws and requirements that conflict with the new Federal regulations, or frustrate the purpose of those regulations, will be preempted. However, where such issues arise, DHS intends to work with State officials to reach an appropriate solution.

Example: Although preemption determinations are context-specific, one example of such a context involves the protection of sensitive information protected from disclosure by the interim final rule. If a state's freedom of information law required the disclosure of information protected from disclosure by the federal regulations, the federal regulations would preempt the state law. The federal rules regarding non-disclosure of the information would govern.

Facilities that register with DHS will complete the Top-Screen to determine if they are exempt from the regulation and, if not exempt, they will complete this consequence-based assessment. Upon completing the Top-Screen a facility will be evaluated to determine if it presents a high level of security risk. The Department will notify the facility in writing of its initial determination. If the Department’s preliminary determination is that the facility is not a high risk facility the department will send a letter stating its determination. See Attachment B for an example of such a letter.

If the Department’s preliminary determination is that the facility is a high risk facility the department will also notify the facility’s of its placement in a risk-based tier pursuant to §27.220(a). See Attachment C for an example of such a letter. The facility will then be required to complete an SVA. The purpose of the SVA is to identify the critical onsite assets (based on the security concerns identified in the Top-Screen), evaluate the vulnerabilities of these critical assets against a defined set of potential attack scenarios, re-evaluate the potential consequence on an asset basis, and determine a final facility tier level. Following communication of the final facility tier, the facility will complete a SSP detailing the security measures to protect the identified critical assets, and meet the intent of the Risk-Based Performance Standards, as outlined in 6 CFR Part 27.

Based on the information supplied, your facility is not covered by the Department of Homeland Security under Section 550 of the Homeland Security Appropriateions Act of 2007.  You will be mailed a letter that will confirm this in writing.  In the event there are significant changes to your facility makeup or activities that may change you designation you are required to again complete the Top Screen to determine if you are a covered facility.

Click Next and follow the instructions to complete the screen.

If the facility is not exempt, or is partially exempt, continue to fill out the screen.

To learn more about the types of facilities that are covered under the regulation, please visit http://www.dhs.gov/xprevprot/programs/gc_1181765846511.shtm.

For more information on the development of the chemicals of interest list (Appendix A), please visit http://www.dhs.gov/xprevprot/programs/gc_1185909570187.shtm.

A facility must complete and submit a Top-Screen in accordance with 6 CFR 27.200(b)(1) when:

1. The Assistant Secretary contacts a chemical company individually.

DHS contacted a very limited number of facilities that potentially represented highest risk facilities. These facilities were individually notified on or about the effective date of the rule, June 8th 2007.

2. DHS publishes a notice in the Federal Register.

DHS published the “chemical of interest list” (Appendix A to 6 CFR Part 27) on April 9th for a 30 day period.  The comment period closed May 9th.  DHS published the final Appendix A on November 20, 2007.

A CSAT Top Screen is due from facilities that possess or plan to possess a chemical on the DHS chemical of interest list at or above its STQ.  Facilities that come into possession of any chemical of interest on the DHS chemical of interest list at or above the STQ have 60 calendar days from the date upon which they possess that amount of the chemical to complete a new Top Screen. 

Additionally, all covered facilities must update their Top Screens periodically according to the schedule specified in 6 C.F.R. 27.210.  The submission schedule varies by tier.  A new Top Screen is also due within 60 days of a facility making material modifications to its product portfolio, personnel, operations or site.  DHS also requires covered facilities to conduct an annual audit of its compliance with its Site Security Plan (SSP).

DHS communicates with facilities in a variety of ways, including by phone and in writing.  DHS may also publish notice in the Federal Register when appropriate.  DHS also coordinates and communicates, to the extent necessary, with state and local officials, law enforcement, and emergency responders.

It is our position that embedded components of a site can submit a jointly-completed Top Screen, SVA, and SSP -- essentially acting as one site under CFATS. This is consistent with the "chemical facilities" definition ("within a common infrastructure or within a single fenced area") and also consistent with the preamble response to comments on multiple owners/operators (p. 17697), which generally gives facilities leeway (in most cases) to identify who at the facility is responsible for compliance. Also, the facilites should develop a letter of understanding as to who is responsible for what compliance activities.

Note that this regulatory definition allows DHS to make individual determinations in the future on  more complex cases based on the specific circumstances and does not apply to the facilities of different companies that might share a fenceline but are not embedded.

Referenced Text:
For purposes of part 27, an underground storage facility refers to a below-ground storage location for chemicals of interest or mixtures of chemicals of interest (e.g., petroleum-based materials) that are placed in the storage location (until needed) after having been extracted from the ground and refined or processed. Such facilities include, but are not limited to, depleted reservoirs in oil and/or oil gas fields, aquifers, and salt cavern formations.

Referenced Text:
Chemical of Interest shall refer to a chemical listed in Appendix A to part 27.

Referenced Text:
Security Issue shall refer to the type of risks associated with a given chemical. For purposes of this part, there are four main security issues: (1) release (including toxic, flammable, and explosive); (2) theft and diversion (including chemical weapons and chemical weapons precursors, weapons of mass effect, and explosives and improvised explosive device precursors), (3) sabotage and contamination, and (4) critical to government mission and national economy.

Referenced Text:
The Department recognizes that multiple federal entities regulate matters related to chemicals. In the Advance Notice to part 27, the Department discussed pre-existing chemical security and safety programs, such as those of the USCG, EPA, OSHA, and ATF. The Department notes, however, that each entity regulates chemicals for distinct reasons. Congress has given each entity a different mandate, and so each entity must satisfy its mandate. For example, OSHA is concerned with, inter alia, the protection of employees that use certain chemicals in the workplace. DOT is concerned with the safe and secure transportation of hazardous materials. EPA, through its RMP program, is concerned with preventing an accidental release of certain chemicals. DHS, however, is concerned with the security implications of facilities possessing these chemicals. Congress has given DHS explicit authority to regulate security at chemical facilities.

Referenced Text:
In response to commenters who indicate that there may be a lack of awareness about these requirements, the Department notes that publication of a document in the Federal Register is official notice of a document’s existence and its contents to those parties that may be subject to it or affected by it. In this case, the IFR and this final rule puts all affected parties on notice that they must comply with the terms of part 27. Despite this fact, the Department has undertaken outreach efforts since the publication of this IFR and will continue to do so.

Referenced Text:
Pursuant to § 27.210(a), the Department uses two methods to require facilities to undergo preliminary screening (i.e., complete and submit a Top-Screen). The first method, found in § 27.210(a)(1)(i), is linked to Appendix A. From the effective date of a final Appendix A (i.e., this final rule), facilities that possess any of the chemicals listed in Appendix A at or above the STQ for any applicable security issue will have 60 calendar days to complete and submit a Top-Screen to DHS.  The second method, found in § 27.210(a)(1)(ii), allows the Department to contact facilities independently of Appendix A.

Referenced Text:
Facilities that later come into possession of such chemicals at or above the STQ for any applicable security issue will have to complete and submit a Top-Screen within 60 calendar days of coming into possession of such chemicals.  See § 27.210(a)(1)(i). In addition, covered facilities have an ongoing obligation to complete and update the Top-Screen as provided in § 27.210(d). Covered facilities that make material modifications to their operations or site must complete and submit a revised Top-Screen within 60 days of the material modification.

Referenced Text:

While the requirements of Appendix A will continue to apply to academic institutions, there are several revisions to Appendix A, many of which should allay the concerns of academic institutions. First, DHS is providing colleges and universities with the option to request an extension of time to complete and submit their Top-Screens following the publication of a final Appendix A. The president, dean, provost, or other senior official at a college or university may request an extension from the Assistant Secretary for Infrastructure Protection, and DHS may grant that request for up to 60 additional calendar days following the publication of final Appendix A.

Referenced Text:
Even if academic institutions get screened into this regulatory program (i.e., they complete the Top-Screen, DHS classifies them as a high -risk facility, and they have to develop and implement SVAs and SSPs), the academic institutions may well have security measures in place that will help them meet the applicable risk-based performance standards. See § 27.230 (indicating that a facility must select, develop in their SSP, and implement appropriately risk-based measures designed to satisfy the risk-based performance standards listed in § 27.230(a)(1)-(19)). In that case, the additional burden of complying with this regulation would consist of either creating a CSAT SSP or referencing measures in an existing security plan by way of an Alternate Security Program (ASP). See § 27.235 “Alternative Security Program.” Colleges and universities may benefit from working together to develop an ASP template specifically tailored to the research environment in an academic setting.

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DHS notes that EPA’s decisions were based on safety and the prevention of an accidental release. DHS is concerned with an intentional attack on an explosives facility, which has the potential to generate significant impacts for human life and health beyond the facility. Given the different focus of DHS’s regulation, it is important that DHS consider DOT Class 1, Division 1.1 explosives; there is the potential for a serious off-site effect from an intentional and successful attack on a facility with these explosives.

If you go to http://www.dhs.gov/chemicalsecurity to sign up for e-mail updates to the CFATS program you will receive an e-mail notification when the agriculture extension has been lifted. The notification will contain instructions for facilities currently affected by the agriculture extension.

You can also go to http://www.regulations.gov and sign up for changes to the chemical security rule under DHS-2006-0073 and receive any changes made in the Federal Register. If you sign up for notification of changes, you will receive an e-mail when new information or updated information is available.

In Section 550, Congress directed the Department of Homeland Security to identify and secure those chemical facilites that present the greatest security risk.  Security risk is a function of the following:

• The consequence of a successful attack on a facility (consequence),
• The likelihood that an attack on a facility will be successful (vulnerability), and
• The intent and capability of an adversary in respect to attacking a facility (threat).

The Department plans to implement the regulation in phases, beginning with chemical facilities that appear to present the highest security risk.  The Department adopted a risk-based tiering structure in its regulatory approach, so that the requirements, scrutiny, and oversight of facilities will increase with the level of risk.

For more information on risk-based standards, please visit http://www.dhs.gov/xprevprot/programs/gc_1185897486043.shtm.

Because each chemical facility faces different security challenges, Congress explicity directed the Department to issue regulations "establishing risk-based performance standards for the security of chemcial facilties".

Performance standards are particularly appropriate in a security context because they provide individual facilities the flexibility to address their unique security challanges.  Using performance standards rather than prescriptive standards also helps to to increase the overall security of the sector by varying the security practices used by different chemical facilities.  Security measures that differ from facility to facility mean that each facility presents a new and unique problem for potential adversaries. 

The Chemical Security Assessment Tool (CSAT) is the Department of Homeland Security's system for collecting and analyzing key data from chemical facilities to:

• identify facilities that present a high level of risk,
• support the preliminary and final tiering decisions for individual high-risk facilities,
• assess a facility's security vulnerabilities, and
• evaluate a facility's security plan to address vulnerabilities and meet risk-based performance standards. 

The Chemical Security Assessment Tool is comprised of four secure, web-based tools:

• Facility Registration Questionnaire,
• Consequence screening questionaire (Top-Screen),
• Security Vulnerability Assessment (SVA) tool,
• Site Security Plan (SSP) template.

After registering for CSAT, facilities are provided access to the Top-Screen questionaire, the response to which enables the Department to identify facilities subject to the Chemical Facilities Anti-Terrorism Standards Interim Final Rule (CFATS).  For facilities that are determined to be high risk, other tools, specifically the SVA and SSP, will be made available to satisfy additional CFATS requirements.

Any facility that possesses a COI listed on Appendix A at or above the applicable STQ must complete and submit a CSAT Top-Screen.

The Department may also notify facilities - either directly or through a Federal Register notice - that they need to complete and submit a CSAT Top-Screen.

If a facility possesses a COI listed in Appendix A at or above the applicable STQ or is requested by the Assistant Secretary for Infrastructure Protection to complete a CSAT Top-Screen, the facility must begin the CSAT process regardless of whether or not it has already implemented security measures.  DHS recognizes that many facilities have invested time, resources, and capital to identify vulnerabilities and improve overall security, and the CFATS program has been designed to allow those facilities to leverage their existing security measures in working toward compliance with CFATS and applicable risk-based performance standards where appropriate.

A facility that possesses COI in an amount at or above the applicable STQ must submit a Top-Screen in accordance with the calculation provisions in 6 CFR §27.203 and the minimum concentration provisions in §27.204.  In some cases, this may include COI in:

• Pipelines within the boundarie of a chemical facility otherwise covered by CFATS.
• Transportation containers used for storage not incident to transportation, including transportation containers connected to equipment at a facility for loading or unloading and transportation containers detached from motive power that delivered the container to the facility.
• Shipping containers requiring a DOT placard that will be shipped from the facility.
• Natural gas or liquified natural gas stored in peak shaving facilties; and/or
• Gasoline, diesel, kerosene, or jet fuel (including fuels that have flammability hazard ratings of 1, 2, 3, or 4, as determined by using the National Fire Protection Association's (NFPA) Standard System for the identification of the Hazards of Materials for Emergency Response) stored in aboveground tank farms, including tank farms that are part of pipeline systems.

At this point, CFATS does not apply to COI in railroad facilities or long-haul pipelines.

Section 550 explicitly prohibits DHS from disapproving a Site Security Plan “based on the presence or absence of a particular security measure,” including inherently safer technologies.  Even so, covered facilities are certainly free to consider IST options, and their use may reduce risk and regulatory burdens.

Yes.  The Department has authority to impose civil penalties of up to $25,000 per day and, when necessary, shut down non-compliant facilities.

A facility with Appendix A COI at or above the applicable STQ is required to use the CSAT system in order to complete and submit a Top-Screen.  A facility covered by CFATS is also required to use the CSAT system, for example, to do the following:

• Access the User Registration System
• Identify, assign, and authorize the Authorizer, Submitter, and Preparer.
• Send in the signed PDF form that is produced by the User Registration System to DHS.
• Receive usernames and passwords from DHS.
• Access the CSAT website to transfer accounts, if needed.
• Access the CSAT website to add Reviewers, if needed.
• Access the CSAT website to conduct the Top-Screen questionnaire, if needed.
• Access the CSAT website to complete a Site Vulnerability Assessment, if required.

DHS adopted the Environmental Protection Agency's definition of a technically qualified individual, which is located at 40 CFR § 720.3(ee).  A technically qualified individual is a person or persons (1) who, because of education, training, or experience, or a combination of these factors, is capable of understanding the health and environmental risks associated with the chemical substance which is used under his or her supervision, (2) who is responsible for enforcing appropriate methods of conducting scientific experimentation, analysis, or chemical research to minimize such risks, and (3) who is responsible for the safety assessments and clearances related to the procurement, storage, use, and disposal of the chemical substances as may be appropriate or required within the scope of conducting a research and development activity.

Referenced Text:

For more discussion on this topic, please refer to Appendix A to 6 CFR Part 27.203 and 72 FR 65402.

All facilities, including colleges and universities, have the flexibility to define the parameters of their facilities.  The CFATS requirements are facility-specific.  As such, an institution of higher learning can, if appropriate, submit a Top-Screen on a facility-by-facility basis or on a campus-wide basis.  However, DHS will judge whether or not the facility or facilities, if determined to be high-risk, have complied with CFATS and, specifically, the Risk-Based Performance Standards (RBPS).

Referenced Text:

Additional information on the treatment of colleges and universities under CFATS can be found in the preamble to Appendix A to CFATS at 72 FR 65412.

If a covered facility makes material modifications to its operations or site, the facility must complete and submit a revised Top-Screen to the Department within 60 days of completion of the material modification, as required by 6 CFR §27.210(d).

DHS will review the revised Top-Screen and then notify the covered facility as to whether it is still considered a covered facility and, if so, whether the facility must submit a revised SVA, SSP, or both in accordance with 6 CFR § 27.210(d).

If the facility believes the material modifications could affect the Department’s initial determination that the facility is high risk or the facility’s preliminary tiering, the facility should notify DHS in writing that the new Top-Screen has been or will be submitted. The facility also may request an extension of the initial SVA due date in accordance with 6 CFR § 27.210(c).

If the covered facility has not received written notification from DHS in response to the revised Top-Screen prior to the original SVA due date and the SVA due date has not been extended by DHS, the SVA due date in the initial notification letter still applies.  The facility should submit an SVA based on its original Top-Screen submission to DHS by the original due date in accordance with 6 CFR § 27.210(a)(2), though the facility may reference its submission of a new Top-Screen to reflect material modifications made to the facility as part of the SVA submission.

A request for an extension must be submitted to DHS in writing by USPS or delivery service.  DO NOT FAX your extension request to the CSAT Help Desk.

By mail --

C/O Dennis Deziel
Infrastructure Security Compliance Division
Office for Infrastructure Protection
U. S. Department of Homeland Security
Mail Stop #8100
Washington, DC 20528

By delivery service --

C/O Dennis Deziel
Infrastructure Security Compliance Division
Office for Infrastructure Protection
Mail Stop #8100
U. S. Department of Homeland Security
245 Murray Lane, SW, Building 410
Washington, DC 20528

In the request, please include the facility ID and an explanation for the facility’s extension request – including any relevant Chemical-terrorism Vulnerability Information (CVI).

Any CVI submitted must be marked, packaged and sent in compliance with CVI requirements.  (See 6 CFR § 27.400, available at www.dhs.gov/chemicalsecurity)

Information on CFATS and CSAT is available at http://www.dhs.gov/chemicalsecurity.  Specific media inquiries should be directed to DHS Public Affairs at 202-282-8010.

A consultant may not request or initiate a CSAT user change.

In general, the original user must make any change to his/her user role – e.g., authorizer changes authorizer, submitter changes submitter, preparer changes preparer.  If the original user is not available, someone else from the facility or company may be able to make the change.  Please consult the “CSAT User Account Management Guide” available at www.dhs.gov/chemicalsecurity under “CSAT Assessment Tool” “Update My CSAT Account Information.”

Referenced Text:
Pursuant to § 27.203(b)(1)(i), facilities must include chemicals in a vessel, which, pursuant to 40 CFR § 68.3, “means any reactor, tank, drum, barrel, cylinder, vat, kettle, boiler, pipe, hose, or other container.”

Referenced Text:
DHS adopts the EPA definition of transportation, and accordingly considers a container to be in transportation as long as it is attached to the motive power (e.g., truck or locomotive) that delivered it to the site. If the tank car is detached from the motive power, and therefore no longer in transportation, the facility must consider the contents of the tank car in calculating its STQ.

Referenced Text:
DHS has adopted the Department of Transportation (DOT) definition of packaging, which refers to “a receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packing requirements of [DOT’s Hazardous Materials Regulations].” See 49 CFR § 171.8. This includes, but is not limited to, tank cars, cylinders, bulk bags, bottles inside or outside of a box, cargo tanks, and tank cars.

Referenced Text:
Except as provided in paragraphs (b)(2) (regarding laboratories) and (b)(3) (regarding propane), in calculating whether a facility possesses an amount that meets the STQ for release chemicals of interest, the facility shall only include release chemicals of interest:
(i) in a vessel as defined in 40 CFR § 68.3, in a underground storage facility, or stored in a magazine as defined in 27 CFR § 555.11;
(ii) in transportation containers used for storage not incident to transportation, including transportation containers connected to equipment at a facility for loading or unloading and transportation containers detached from the motive power that delivered the container to the facility;
(iii) present as process intermediates, by-products, or materials produced incidental to the production of a product if they exist at any given time;
(iv) in natural gas or liquefied natural gas stored in peak shaving facilities; and
(v) in gasoline, diesel, kerosene or jet fuel (including fuels that have flammability hazard ratings of 1, 2, 3, or 4, as determined by using National Fire Protection Association (NFPA) 704: Standard System for the Identification of the Hazards of Materials for Emergency Response [2007 ed.], which is incorporated by reference at 27.204(a)(2)) stored in aboveground tank farms, including tank farms that are part of pipeline systems;
(2) Release-Toxic, Release-Flammable, and Release-Explosive Chemicals. Except as provided in paragraph (c)(2)(i), in calculating whether a facility possesses an amount that meets the STQ for release-toxic, release-flammable, and release-explosive chemicals, a facility need not include release-toxic, release-flammable, or release-explosive chemicals of interest that a facility manufactures, processes or uses in a laboratory at the facility under the supervision of a technically qualified individual as defined in 40 CFR § 720.3.

Referenced Text:
If the tank car is detached from the motive power, and therefore no longer in transportation, the facility must consider the contents of the tank car in calculating its STQ.

In calculating STQ for a release-COI, a facility must include release-COI's in transportation containers used for storage not incident to transportation, including transportation containers connected to equipment at a facility for loading or unloading and transportation containers detached from motive power that delivered the container to the facility.  Examples of transportation containers with COI that facilities should count toward their STQ include:

• a tank car containing COI that is attached to processing units;
• a tank car containing COI that is detached from the locomotive that had delivered the tank car to the facility.

Referenced Text:
Additional information on the treatment of transportation containers under CFATS can be found in the preamble to Appendix A of CFATS at 72 FR 65398.

The CVI manual (http://www.dhs.gov/xlibrary/assets/chemsec_cvi_proceduresmanual.pdf) (PDF, 59 pages - 228 KB) regarding protection of information is available on the Chemical-terrorism Vulnerability Information website.

Section 550(c) of the DHS Appropriations Act of 2007 states that protecting sensitive information gathered during the CFATS process from public disclosure is crucial to DHS’ ability to ensure that high risk chemical facilities are secure. Therefore, information submitted by facilities is protected as Critical-terrorism Vulnerability Information (CVI). 

Through the use of CVI, the dissemination of such sensitive information to parties without a need to know can be avoided.  In addition, the limited and controlled exchange of CVI is essential for effective partnering and information-sharing between government and industry.

DHS is balancing justified information protection concerns with the desire to enhance appropriate information sharing by ensuring that entities or individuals with a “need to know,” including appropriate State and local officials, have access to the necessary CVI, while, at the same time, protecting CVI from public disclosure that would undermine the government’s ability to ensure the security of chemical facilities.

Information about CVI is available at http://www.dhs.gov/xprevprot/programs/gc_1181835547413.shtm. Click the link for Chemical-terrorism Vulnerability Information at the bottom of the page.

               The June 2007 CVI Procedural Manual, published shortly after the CVI regulations were first adopted, envisioned an approach to sharing CVI under which States could choose to establish their own CVI programs that would act as a repository for CVI and would make need to know determinations for all officials within the State.  Thus, the June 2007 Manual suggested that States enter into Memoranda of Agreement with DHS which would have included appointment of State CVI Officers to make those need to know determinations. However, after more than a year of experience under the CVI regulations, and after considering numerous reactions from the public and private sectors to the approach envisioned by the June 2007 Manual, DHS has determined that the formal CVI sharing model described in the June 2007 Manual is not necessary.  Rather, the revised CVI Procedural Manual lays out a new approach for public officials to obtain CVI from facilities that does not include Memoranda of Agreement with States or need to know determinations by State CVI Officers. For more information about the new CVI sharing procedures please read the CVI Procedural Manual and take the CVI Training.

Referenced Text:

Please call the CSAT Helpdesk at 866-323-2957.  Please be prepared to provide the following information:

• Date of the event
• Description of the event (e.g., who was involved, what happened, where did this take place)
• Other relevant facts
• any mitigation that has been implemented to respond t or minimize the potential impact of the CVI that has been disclosed?

No. Upon completion of the new training module, you will receive a new CVI certificate. This certificate will reflect a new date of training, but the CVI number will remain the same as on your original certificate.

Go back to the CVI Authorized User Training and choose the option "I have completed a previous version and wish to refresh my training."  Verify your CVI number and e-mail address.  Complete the training again and correctly re-answer the test questions and re-check the affirmation statements.  You will then be presented with the contact information you supplied from your previous session.  You may correct and re-submit your contact information here.  Once you press the "Update/Continue" button, a new certificate will be generated and e-mailed to you.

The NDA that was required as part of the CVI Authorized User training prior to September 22, 2008, has no time limit or other conditions that automatically terminate its effectiveness. Thus, except as explained below, those agreements remain in effect for any individuals that became Authorized Users by completing CVI training prior to September 22, 2008.

Based on the experience acquired by DHS and by the regulated community in handling CVI since the original CVI training was made available in 2007, and on the revisions made on September 22, 2008, to the CVI Procedural Manual and to the updated CVI training (e.g., making the procedures for disclosing CVI clearer, simpler and more efficient), DHS has determined that NDA’s are not required for individuals who become Authorized Users by completing the updated CVI training. DHS believes that familiarity with the revised CVI Procedural Manual and completion of the updated CVI training, along with the Department’s authority to impose penalties and other sanctions for unlawful disclosure of CVI and to issue orders to correct or mitigate unauthorized disclosures, is sufficient to permit individuals to become Authorized Users without signing an NDA. The revised CVI Procedural Manual, however, explicitly reserves the Department’s right to require NDA’s under appropriate circumstances in the future.

If you became an Authorized User prior to September 22, 2008, you are not required to take the updated CVI training. In light of the Department’s current policy regarding NDA’s under the revised CVI Procedural Manual and the updated CVI training, however, DHS has decided to abrogate the CVI NDA’s signed by any Authorized User prior to September 22, 2008, provided that the Authorized User voluntarily completes the updated CVI Authorized User in effect on September 22, 2008.

Your CVI Authorized User Number which is found is on your CVI certificate. The number is comprised of, and should be entered as, two strings of numbers. The first string of numbers is the date you were certified with the format of YYYYMMDD. The second is a unique sequential numeric identifier. For example, your CVI number might be as follows: 20080101 - 1234567.

When prompted, you must supply the complete CVI number. For example, if you are retaking CVI training, you will see a prompt beginning “CVI” followed by two blanks. Type or copy the first part of your CVI number (i.e., the date) into the first blank and then place the unique numeric identifier in the second blank. Contact the CSAT Help Desk at 866-323-2957 if you cannot remember your CVI Authorized User Number.

Active CVI Authorized Users are not required to take subsequent CVI training in order to maintain CVI status.  However, many improvements to CVI handling and safeguarding procedures were made to the September 2008 revised CVI Procedural Manual.  These changes are also reflected in the updated CVI training.  DHS recommends Authorized Users read the revised Procedural Manual to become familiar with the changes and consider taking the revised CVI training.

Those taking the revised CVI training will receive a new CVI Authorized User Certificate with a new issuance date but the original CVI Authorized User number.  Taking the training will also provide an opportunity to:

• Update CVI authorized user information, and
• Link CVI certification with CSAT authorized user account (for Authorizers, Submitters, Preparers, or Reviewers of CFATS covered facilities)

In the revised CVI training, existing CVI Authorized Users will be prompted at the beginning of the training to enter their CVI Authorized User number, which is located on the CVI Certificate, and the e-mail address the user provided during the original training.

If you are unable to locate your CVI Authorized User number or experience difficulty verifying your existing CVI authorized user status, please contact the CSAT Helpdesk at 866-323-2957 or csat@dhs.gov for assistance.

authorized by Section 550 of Public Law 109-295 to protect from inappropriate public disclosure any information developed or submitted pursuant to Section 550 (e.g., Top-Screen, SVA, SSP).  This included information that is developed and/or submitted to DHS pursuant to the Chemical facility Anti-Terrorism Standards (CFATS) regulation which implements Section 550.

Specifically, the IFR requires that this and related information - what the IFR calls Chemical-terrorism Vulnerability Information, or "CVI" - shall be protected from public disclosure. At the same time, the IFR makes clear that CVI will be shared with state and local officials, including law enforcement officials and first responders, as appropriate. For example, it is expected that chemical facilities will coordinate extensively with State and local officials - including the sharing of relevant CVI - in the course of completing the Site Security Plans (SSPs). The IFR also sets forth requirements concerning how the information must be marked and protected.

The Act requires additional protections over the disclosure of CVI in the course of any administrative or judicial proceedings. In these circumstances, CVI will be protected as if the information were classified. Individuals who do not otherwise have a "need to know" CVI will not be able to gain access to it through litigation.

Compliance with the requirements in 6 CFR § 27.400 and familiarity with the guidance in the CVI Procedural Manual will help DHS, chemical facilities and other covered persons ensure that sensitive information about the Nation's high-risk chemical facilities is safeguarded.

Guidance for questions relating to economically-critical chemical production is located in section 5.9 of the CSAT Top-Screen User Manual (http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf) (PDF, 66 pages - 1.7 MB).

You will be directed to supply additional information on each such chemical. Check the Add button to confirm that all chemicals meeting the criteria have been entered [Q:10.1-2774]. Then, click the Describe button to enter the following information on each chemical. Enter the following information for each chemical:

• Chemical name; [Q:10.1-772]
• CAS# (if available); [Q:10.2-8607]
• Any other name by which the chemical is commonly known (for example, Trinitrophenol is also known as Picric acid); [Q:10.2-872]
• the facility’s estimated domestic market share of this chemical from the drop-down box; [Q:10.2-873]
• Customer application of the chemical. [Q:10.3-912]
• Primary Market Sector for the chemical. [Q:10.5-9147] and on the next page enter a brief description of the other primary sector(s) not listed;[Q:10.5-915]
• Select whether there is an exact or direct substitute(s) available for this chemical produced to meet the needs of the facility’s customers (Yes or No). If Yes, select whether the exact or direct substitute is available in North America [Q:10.7-815] or overseas [Q:10.7-816];
• Select whether a functional substitute(s) is available. If Yes, select whether the functional substitute is available in North America [Q:10.7-812] or overseas [Q:10.7—813];
• Select the facility’s estimated annual average Capacity Utilization Rate from the range of values provided in the drop-down box.
• Select the facility’s estimated National Emergency Production Rate for this chemical from the range of values provided in the drop-down box.
• Annual production rate of mission critical chemicals.
• From the ranges provided in the drop-down box, select the estimated replacement cost(s) of the production unit(s) for this chemical at this facility.

A facility's production of a chemical is deemed economically critical when it accounts for 35% or more of the domestic production of any chemical. This excludes the production of chemicals for critical infrastructure sectors deemed mission critical chemicals.

If this facility produces a chemical that is critical to the continued operation of other US manufacturing, including, but not limited to mining, construction, information, finance, government or service sector of the US economy (excluding the mission critical infrastructure sectors defined above), does the volume production of this chemical from this facility account for more than 35% of the total US production volume of this chemical. [Q:10.0-771] In other words, does the production of this chemical from this facility represent a market share larger than 35%? The market share is calculated as the facility’s production divided by the total US production for a particular chemical in volume terms. An estimate of the total US production volume of a particular chemical in the facility’s production portfolio should be available from a company’s marketing department.

Market Share = Facility Production of Chemical X (in volume terms) / Total US Production of Chemical X (in volume term)

Information provided to the US Census Bureau through the Annual Survey of Manufacture's is a good resource for answering this question (see FAQ#202).  A facility may provide the response from their previous survey if the number accurately reflect current facility operations.  Otherwise, the facility should calculate the amount using instructions from the 2006 survey which is available at http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf (PDF, 86 pages - 1.13 MB). Additional information on the treatment of economically critical chemicals under CFATS can be found in the Top-screen User's Manual.

For more information on this topic, please reference page 9 of 41 in the Final Rule, Appendix to Chemical Facility Anti-Terrorism Standards (http://www.dhs.gov/xlibrary/assets/chemsec_appendixafinalrule.pdf) on the DHS Critical Infrastructure: Chemical Security website.

Referenced Text:
Section 27.204(a)(3) provides that a facility shall count toward the STQ the total quantity of all commercial grades of release-explosives. DHS has added a definition of “A Commercial Grade” (ACG) to § 27.105. ACG refers to any quality or concentration of a chemical of interest offered for commercial sale that a facility uses, stores, manufactures, or ships.Section 27.204(a)(3) provides that a facility shall count toward the STQ the total quantity of all commercial grades of release-explosives.

Referenced Text:
As an explosive, AN presents two security issues: theft/diversion-EXP/IEDP and release-explosive. DHS is treating the possible theft/diversion of this form of AN in the same way that it is treating all other DOT Division 1.1 explosives. Where a facility has larger amounts of AN as an explosive, there may also be release hazards. As that is the case, DHS has set the STQ for the possible release of AN as an explosive at 5,000 pounds.  Where AN as an explosive presents a theft-EXP/IEDP security issue, the STQ is 400 pounds, and a facility is expected to include all amounts of ACG of AN when determining whether it meets or exceeds the STQ.  And, per § 27.203(c), in calculating this theft STQ, facilities need only count amounts in transportation packagings.

Guidance for questions relating to chemical manufacturing, processing, use, storage and distribution is presented in section 5.0 of the CSAT Top-Screen User Manual (http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf) (PDF, 66 pages - 1.7 MB).

For more information on this topic, please reference page 16 of the CSAT Top-Screen User's Manual http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf (PDF, 88 pages - 1.3 MB).

Referenced Text:
Alternative Facility Name. [Q:1.0-62] Provide any alternative name(s) by which a facility may be known (e.g., “Green Street Facility” or “Downtown Facility”). If a facility has no alternative name, leave this field blank.

For more information on this topic, please reference page 16 of the CSAT Top-Screen User's Manual http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf (PDF, 88 pages - 1.3 MB).

Referenced Text:
Facility NAICS. [Q:1.1-63] Provide the five- or six-digit NAICS code that corresponds most closely to the primary activity of the facility as a whole. The first three digits of the code define a major business sector (e.g., 325 represents chemical manufacturing), and the last two or three digits indicate an establishment’s specialty within the major sector (e.g., 325131 represents Inorganic Dye and Pigment Manufacturing). NAICS codes are maintained by the U.S. Census Bureau and can be found on the U.S. Census Bureau website at http://www.census.gov/epcd/naics02/.

For more information on this topic, please reference the CSAT Top-Screen User's Manual http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf (PDF, 88 pages - 1.3 MB).

Referenced Text:

Facility Type. [Q:1.1-65] From the drop-down menu, choose a facility type that best describes the facility. For example, if the facility uses anhydrous ammonia for refrigeration, choose Chemical manufacturing, use, storage, and distribution. If the facility is a peak shaving facility, choose LNG storage. The options for Facility Type include:
• Petroleum refining
• LNG storage (e.g., peak shaving facility)
• Chemical manufacturing, use, storage, and distribution — any public or private facility that manufactures, processes, uses, stores, or distributes chemicals. This type of facility can range, for example, from a large petrochemical manufacturing facility to a facility that uses anhydrous ammonia for refrigeration.

Note: All facilities, regardless of type, must answer the questions related to chemical manufacturing, processing, use, storage, and distribution. Guidance for answering questions about chemical manufacturing, processing, use, storage, and distribution is in Section 5.0 (Sections 5.8 and 5.9 specifically cover questions relating to mission critical and economically critical chemical production). However, if a facility is a petroleum refinery or an LNG storage facility, the Preparer will be asked to respond to additional questions tailored to that type of facility.. In this User’s Manual, guidance for answering petroleum refinery questions is in Section 3.0, and in Section 4.0 for LNG storage facility questions.

Referenced Text:

Owner Name. [Q:1.2-78] This may be a person, company, cooperative, state, municipality, or other entity. It may or may not be the same as the name entered for the facility operator.

Operator Name. [Q1.2-594] Enter the name of the person or entity that has responsibility for the daily operations of the facility. This may be a person, company, cooperative, state, municipality, or other entity, and may or may not be the same as the name entered for the facility owner. If the owner and operator are the same, enter the same information in both data fields.

Referenced Text:
Program 1, 2, and 3 processes are defined under the RMP rule and denote the relative level of risk from an accidental release associated with the process (and hence the facility). A Program 1, 2, or 3 designation establishes the regulatory requirements with which the facility/company must comply. For more information on EPA RMP, see 40 CFR 68.10(b), (c), and (d), or Chapter 2 of EPA’s General Guidance for Risk Management Programs (40 CFR 68). Additional information can be found at http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/index.html.

Referenced Text:
Parent Company Name(s) and DUNS number(s). [Q:1.45-432 to Q:1.45-435] Enter the name and DUNS number of the corporation(s) or other business entity(ies) that own or operate at least 50 percent of the voting stock of the company that owns or operates the facility. If a facility is owned by a joint venture, enter the name and DUNS number of the first of the two major owners. If a facility does not have a parent company or is not owned or operated by a joint venture, leave these fields blank.

Referenced Text:
If a release-flammable chemical of interest is present in a mixture in a concentration equal to or greater than one percent (1%) by weight of the mixture, and the mixture has a National Fire Protection Association (NFPA) flammability hazard rating of 4, the facility shall count the entire amount of the mixture toward the STQ. Except as provided in § 27.203(b)(1)(v) for fuels that are stored in aboveground tank farms (including farms that are part of pipeline systems), if a release-flammable chemical of interest is present in a mixture in a concentration equal to or greater than one percent (1%) by weight of the mixture, and the mixture has a National Fire Protection Association (NFPA) flammability hazard rating of 1, 2, or 3, the facility need not count the mixture toward the STQ. The flammability hazard ratings are defined in NFPA 704: Standard System for the Identification of the Hazards of Materials for Emergency Response [2007 ed.].

Referenced Text:
The minimum concentration and mixtures provisions for propane are the same as for all other release-flammables.

Referenced Text:
Using the revised general DHS rule for release-flammables, the STQ for propane would be 10,000 pounds. DHS, however, set the STQ for propane in this final rule at 60,000 pounds.  Pursuant to § 27.203(b)(3), facilities need not include propane in tanks of 10,000 pounds or less when calculating whether a facility has a total inventory of 60,000 pounds.

Pursuant to 6 CFR 27.203(b)(v), facilities must consider chemicals of interest (COI) in gasoline, diesel, kerosene or jet fuel (including fuels that have a National Fire Protection Administration flammability hazard rating of 1, 2, 3, or 4) stored in above-ground tank farms, including tank farms that are part of pipeline systems, when determining whether or not the facility possesses any COI in an amount at or above the applicable STQ for that COI.

Facilities must consider COI in fuels when stored in above-ground tank farms, including tank farms that are part of pipeline systems.  See § 27.203(b)(1)(v).  This includes fuels with any one of the four National fire Protection Association (NFPA) flammability hazard ratings and not just fuels with a NFPA flammability hazard rating of 4 which will cover common fuels such as gasoline.  See 40 CFR 68.115(b)(2).  These fuels also would have been excluded under DHS's flammable mixtures provisions (see § 27.204(a)(2)(8) except that DHS specifically included these fuels in §27.203(b)(1)(v), because of concern that they could create significant human life and/or health consequences if an intentional attack by a terrorist were successful.

Pursuant to §27.240(a)(2), if a release-flammable chemical of interest is present in a mixture in a concentration equal to or greater than one percent (1%) by weight of the mixture, and the mixture has a NFPA flammability hazard rating of 4, the facility shall count the entire weight of the mixture toward the COI's Screening Threshold Quantity (STQ).  For example, if a facility has 500 pounds of a flammable mixture containing five percent (5%) pentane and the mixture as a whole has a NFPA flammablility hazard rating of 4, the facility shall count the entire weight of the mixture, or 500 pounds toward pentene's STQ of 10,000 pounds.

A release-flammable mixture with 1% or more of a release-flammable COI and an NFPA hazard rating of 4 must be counted whether stored above or below ground.  For more information on calculating the STQ for COI in release-flammable mixtures, including release-flammable mixtures that are fuels, please refer to the Top-Screen User's Manual, which is available online at http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf.

If a release-flammable COI is present in a fuel mixture in a concentration equal to or greater than one percent (1%) by weight of the mixture, and the mixture has an NFPA flammability hazard rating of 1, 2, 3 or 4, the facility counts the entire weight of the mixture toward the STQ. If a release-flammable chemical of interest is present in a mixture, and the concentration of the chemical is less than one percent (1%) by weight, the facility need not count the mixture in determining whether the facility possesses the STQ.

Mixtures of propane and other release-flammable COI that contain at least 87.5 percent propane, should be treated as "propane," subject to the 60,000 - pound STQ rather than a flammable mixture subject to the minimum concentration (i.e., mixtures) provisions applicable to other mixtures of release-flammables.  A facility need not include propane in tanks of 10,000 - pounds or less when calculating the 60,000 - pound STQ.

The minimum concentration (i.e., mixtures) provisions for release-flammable mixtures apply if the mixture contains less than 87.5 percent propane.

For additional information see "Clarification to Chemical Facility Anti-Terrorism Standards; Propane" published in the Federal Register March 21, 2008 (73 FR 5051).

Release-Flammable Mixtures that are not Fuels:

• If a releas-flammable chemical of interest (COI) is present in a mixture in a concentration equal to or greater than one percent (1%) by weight of the mixture, and the mixture has a National Fire Protection Association (NFPA) flammability hazard rating of 1,2, or 3, the facility need not count the mixture.  The facility need only count the amount of the release-flammable COI equal to or greater than one percent (1%).
• If a release-flammable chemical of interest is present in a mixture in a concentration equal to or greater than one percent (1%) by weight of the mixture, and the mixture has a NFPA flammability hazard rating of 4, the facility must count the entire amount of the mixture.  The facility must count the entire amount of such a mixture whether it is stored in a below ground or above ground tank farm.

Release-Flammable Mixtures that are Fuels:

• If a release-flammable chemical of interest is present in gasoline, diesel, kerosene or jet fuel (including fuels that have flammability hazard ratings of NFPA 1, 2, 3, or 4) stored in an aboveground tank farm, including tank farms that are part of pipeline systems, in a concentration equal to or greater than one percent (1%) by weight of the mixture, the facility must indicate the type of fuel it possesses anad provide the entire amount of the fuel. 
• If the same release-flammable chemical of interest is present in a fuel stored in a concentration less than one percent (1%) by weight of the mixture, and the mixture has a NFPA flammability hazard rating of 1, 2, 3, or 4, the facility need not count for the release-flammable COI or mixture.

Do not use commas when reporting quantities. Round to two significant digits and report quantities as follows (similar to the way quantities are rounded and reported in RMP):

• 5,333 pounds should be reported as 5300 pounds
• 107,899 pounds should be reported as 110000 pounds
• 128,000 pounds should be reported as 130000 pounds

Referenced Text:

DHS has assigned a Minimum concentration provision to each chemical of interest in Appendix A. The Minimum concentration for each Appendix A COI is one of the following:

Specific Percentage (1.00-50%): If a specific percentage appears in the Minimum concentration column for a COI, a facility must count toward the STQ for that COI all quantities of that chemical that meet or exceed the listed minimum concentration amount.

A Commercial Grade (ACG): ACG is defined in §27.105 as “any quality or concentration of a chemical of interest offered for commercial sale that a facility uses, stores, manufactures, or ships. Appendix A chemicals are manufactured mainly in the chemical industry. However, they are used in the chemical as well as various other industries such as the automotive, agricultural, consumer products, pharmaceutical, and paints and coatings industries. These industries use Appendix A chemicals to produce commercial and consumer goods, such as paint, crop protection, detergents, and computers. Appendix A COI are thus manufactured in various commercial grades to satisfy the needs of diverse industries. For COI with a minimum concentration of ACG, a facility must count all commercial grades of such COI toward the STQ.

CUM 100g: A facility shall count any amount and concentration of COI with a minimum concentration of CUM 100g toward the cumulative STQ of 100 grams. For example, a facility that possesses isopropylphosphonyl difluoride and ethyl phosphonyl difluoride must count the total amount in any concentration of each COI toward the single cumulative STQ of 100 grams.

For more information on this topic, please reference page 27 of the CSAT Top-Screen User's Manual http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf (PDF, 88 pages - 1.3 MB).

Referenced Text:
Pursuant to 6 CFR § 27.203(a)(6), in calculating whether a facility possesses a chemical of interest that meets the STQ for any security issue, a facility need not include chemicals of interest contained in articles, as defined in 40 CFR § 68.3. As defined in EPA’s RMP regulation, an “article” is a manufactured item formed to a specific shape or design that has end use functions dependent on the shape or design and that does not release or result in exposure to a regulated substance under normal use or processing. See 40 CFR § 68.3

• Example: A facility need not count the quantity of vinylidene chloride contained in flexible plastic food wrap toward the facility’s STQ of vinyidene chloride, because the flexible plastic food wrap is an article.

• Example: A facility that only possesses paint need not count the COI, such as aluminum powder, contained in that paint, because the paint is an article. However, a facility that manufactures paint (and possesses a commercial grade of aluminum powder with a minimum concentration of ACG to manufacture the paint) must count all commercial grades of the aluminum powder it possesses toward the STQ of 100 pounds.

• Example: A facility that possesses toothpaste containing potassium nitrate need not count t hat potassium nitrate toward its STQ for potassium nitrate, because the toothpaste is an article. However, a facility that purchases a commercial grade of potassium nitrate in order to manufacture toothpaste must count it towards its STQ for potassium nitrate.

Pursuant to § 27.203(b)(1)(i), facilities must include release chemicals in a vessel, as defined by 40 CFR § 68.3.  The definition of a "vessel" includes piping.  When determining if the facility possesses the applicable screening threshold quantity, the following are provided for purposes of applying this requirement at a facility with chemicals of interest.

* If the piping contains COI and is run between unit operations at the facility, then the facility must count the COI toward the STQ.  An example would be phosgene that is manufactured at a facility then piped directly to manufacture polycarbonate plastic.

* If the piping contains COI and is supplied from another vessel at the facility, then the facility must count the COI in the piping, the other vessel or any other unit operation toward the STQ. An example would be any COI chemical stored in a tank that is piped directly to a unit operation at the facility.  (However, the same mass of the COI need not be counted more than one time as it traverses through the process for a release-flammable chemical.)  

* However, if the piping contains COI and runs through the facility, but the facility does not possess the COI (e.g., no COI is withdrawn from or supplied to the pipeline by the facility), the facility need not count the COI.  An example would be a natural gas pipeline that traverses below ground through a facility's property yet never supplies product to the facility.

If a facility stores a release-toxic or release-flammable COI underground, the facility will be directed by the Top-Screen to specific questions regarding the storage of the COI.  Those questions include the number of underground storage tanks, the total capacity of the underground tanks in pounds, and the distance from the underground storage tank(s) to the nearest infrastructure (in feet.)  Infrastructures may include buildings, bridges, or other above ground structures or pipelines.

If you have already completed and submitted a Top Screen for your facility, you are not required to submit a new Top Screen at this time simply because the COI is stored underground. However, if you do have a release-flammable or release-toxic COI stored underground, you may choose to submit a new Top Screen which will provide the CFATS program with some additional useful information. If you choose to submit a new Top Screen, you may do so by following the steps described in FAQ # 1406. (Please note that covered, high-risk, facilities are required to submit revised Top Screens periodically, and after material modifications to the operations or site, in accordance with 6 CFR § 27.210(b) and (d).)

For the purposes of CFATS, ACG refers to any quantity or concentration of a chemical of interest offered for commercial sale that a facility uses, stores, manufactures, or ships.  The definition of ACG can be found in 6 CFR 27.105

Referenced Text:
Additional infornation on the meaning of ACG under CFATS can be found in the preamble to Appendix A to CFATS at 72 FR 65406.

The TOQ is the amount of COI that a facility possesses or possessed at any time within the past 60 days.  This is the single highest amount of each COI that was present at any time in the past 60 days, not the aggregate amount.  Compute the TOQ using the same provisions a facility considers when determining whether it possesses a COI in an amount at or above the applicable STQ.  The records prepared by a facility to comply with other programs, such as EPA's Emergency Planning and Community Right-to-Know Act (EPCRA) and RMP, contain information that may be useful in compiling the TOQ.

Yes, when determining the Total On-site Quantity for release-COI, a facility must also include COI that are present as process intermediates, by-products, and incidental production materials (see 6 CFR 27.203(b)(1)(ii).  A facility should compute the TOQ using the same provisions a facility considers when determining whether it possesses a release-COI in an amount at or above the applicable STQ; therefore, release-COI in process and in by-products should be considered in both.

A facility compute the TOQ using the same provisions a facility considers when determining whether it possesses a COI in an amount at or above the applicable STQ.  Therefore, whether a facility possesses a COI in an amount at or above the applicable STQ should be determined in accordance with the minimum concentration provisions in 6 CFR 27.204 and instructions (as well as for compiling the TOQ and AHQ) can be found in the Top-screen User's Manual, which is available online at http://www.dhs.gov/xlibrary/assets/chemsec_casttopscreenusersmanual.pdf.

The Area of Highest Quantity (AHQ) is defined as an area within a radius of 170 feet in which the greatest amount of a release-COI is located. The same counting rules that a facility applies in determining whether it meets or exceeds the applicable STQ for release-COI, also applies when compiling the AHQ.