Roberts Law Group News

DHS Semiannual Regulatory Agenda


The Department of Homeland Security (DHS) published its Semiannual Regulatory Agenda on July 30, 2021, which included proposed actions related to the Ammonium Nitrate Security Program and the Chemical Facility Anti-Terrorism Standards (CFATS).
Ammonium Nitrate Security Program
DHS’s Cybersecurity and Infrastructure Security Agency (CISA) proposed a rulemaking to implement the December 2007 amendment to the Homeland Security Act titled “Secure Handling of Ammonium Nitrate.” The amendment requires DHS to “regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility . . . to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.” CISA previously issued a Notice of Proposed Rulemaking (NPRM) on August 3, 2011, and CISA is planning to issue a Supplemental NPRM in November 2021.
Taking into consideration the comments received during the August 2014 Advance NPRM regarding potential revisions to the CFATS regulations, CISA has determined to limit the scope of its next CFATS rulemaking to improving Appendix A to the CFATS regulations and addressing concerns with release-flammable security issues. Additionally, in June 2020, CISA published a notice announcing the availability of a retrospective analysis of the data, assumptions, and methodology that were used to support the 2007 CFATS interim final rule and provided the public an opportunity to provide comment. CISA is reviewing the comments received on the retrospective analysis and determining the next appropriate step for this rulemaking.