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  • Answer Upon - New Chemical Security Rules Go Into Effect 6-8-07

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    High-Risk Chemical Facility' is. Section 27.105 provides the following definition of High-Risk:

    "...high risk shall refer to a chemical facility that, in the discretion of the Secretary of Homeland Security, presents a high risk of significant adverse consequences for human life or health, national security and/or critical economic assets if subjected to te

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    On June 8th, 2007 the new Department of Homeland Security (DHS) regulations (6 CFR part 27) dealing with security requirements at chemical facilities go into effect. These new rules will be used to protect High-Risk Chemical Facilities from terrorist attack. These rules specify what organizations will be required to provide data to DHS to assist that agency in determining which facilities are declared to be High Risk Facilities.

    One of the important parts of this regulation is the broad definition it uses for 'chemical facility'. Section 27.105 of the new regulation defines chemical facility this way:

    "Chemical Facility or facility shall mean any establishment that possesses or plans to possess, at any relevant point in time, a quantity of a chemical substance determined by the Secretary to be potentially dangerous or that meets other risk-related criteria identified by the Department."

    The important thing here is that the definition says nothing about chemical manufacturing, or chemical warehouse. Any establishment that uses hazardous chemicals, and that includes a wide variety of businesses, can be classed as a Chemical Facility under this regulation. The regulation gives an operational definition that covers anybody that possesses a dangerous quantity of a chemical and leaves the definition of dangerous to the Secretary of Department of Homeland Security.

    Additionally, DHS has the discretion to define what a 'High-Risk Chemical Facility' is. Section 27.105 provides the following definition of High-Risk:

    "...high risk shall refer to a chemical facility that, in the discretion of the Secretary of Homeland Security, presents a high risk of significant adverse consequences for human life or health, national security and/or critical economic assets if subjected to te

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    termining which facilities are declared to be High Risk Facilities.

    One of the important parts of this regulation is the broad definition it uses for 'chemical facility'. Section 27.105 of the new regulation defines chemical facility this way:

    "Chemical Facility or facility shall mean any establishment that possesses or plans to possess, at any relevant point in time, a quantity of a chemical substance determined by the Secretary to be potentially dangerous or that meets other risk-related criteria identified by the Department."

    The important thing here is that the definition says nothing about chemical manufacturing, or chemical warehouse. Any establishment that uses hazardous chemicals, and that includes a wide variety of businesses, can be classed as a Chemical Facility under this regulation. The regulation gives an operational definition that covers anybody that possesses a dangerous quantity of a chemical and leaves the definition of dangerous to the Secretary of Department of Homeland Security.

    Additionally, DHS has the discretion to define what a 'High-Risk Chemical Facility' is. Section 27.105 provides the following definition of High-Risk:

    "...high risk shall refer to a chemical facility that, in the discretion of the Secretary of Homeland Security, presents a high risk of significant adverse consequences for human life or health, national security and/or critical economic assets if subjected to te

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    nt point in time, a quantity of a chemical substance determined by the Secretary to be potentially dangerous or that meets other risk-related criteria identified by the Department."

    The important thing here is that the definition says nothing about chemical manufacturing, or chemical warehouse. Any establishment that uses hazardous chemicals, and that includes a wide variety of businesses, can be classed as a Chemical Facility under this regulation. The regulation gives an operational definition that covers anybody that possesses a dangerous quantity of a chemical and leaves the definition of dangerous to the Secretary of Department of Homeland Security.

    Additionally, DHS has the discretion to define what a 'High-Risk Chemical Facility' is. Section 27.105 provides the following definition of High-Risk:

    "...high risk shall refer to a chemical facility that, in the discretion of the Secretary of Homeland Security, presents a high risk of significant adverse consequences for human life or health, national security and/or critical economic assets if subjected to te

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    des a wide variety of businesses, can be classed as a Chemical Facility under this regulation. The regulation gives an operational definition that covers anybody that possesses a dangerous quantity of a chemical and leaves the definition of dangerous to the Secretary of Department of Homeland Security.

    Additionally, DHS has the discretion to define what a 'High-Risk Chemical Facility' is. Section 27.105 provides the following definition of High-Risk:

    "...high risk shall refer to a chemical facility that, in the discretion of the Secretary of Homeland Security, presents a high risk of significant adverse consequences for human life or health, national security and/or critical economic assets if subjected to te

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    High-Risk Chemical Facility' is. Section 27.105 provides the following definition of High-Risk:

    "...high risk shall refer to a chemical facility that, in the discretion of the Secretary of Homeland Security, presents a high risk of significant adverse consequences for human life or health, national security and/or critical economic assets if subjected to terrorist attack, compromise, infiltration, or exploitation."

    To adequately determine which facilities are High Risk Facilities, the Department will have to collect a data from a larger number of facilities that might be high risk, conduct some analysis, and then make some decisions. Additionally, DHS intends to rank High Risk Facilities into four tiers of relative level of risk to prioritize which facilities get DHS attention. To make it easy to collect this data and then efficiently analyze the collected data DHS has established a web-based tool called the Chemical Security Analysis Tool (CSAT) with various modules into which designated facilities will be required input data.

    The module that the largest number of facilities will be required to use will be the Top Screen Module. Facilities will be required to enter basic information about the chemicals on hand, location of facility, type of facility and surrounding area information. DHS will then take that information, do some analysis and determine whether the damage to the facility would cause any of thesignificant adverse consequences specified in the definition if successfully attacked by terrorist. If DHS provides an interim designation of being a High Risk Facility, then the facility would have to do more detailed security studies (a Security Vulnerability Assessment, SVA) and report that information to the SVA module of the CSAT. DHS would analyze that data and then ma

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