Roberts Law Group News

CFATS Notice of Proposed Rulemaking (NPRM)

In August 2017, the Department of Homeland Security (DHS) published its Semiannual Regulatory Agenda, which stated that it intends to publish a Chemical Facility Anti-Terrorism Standards (CFATS) NPRM in October 2017.
Industry and the Trade Associations had been working with DHS to develop the frame work for the next version of the CFATS program before the NPRM was published. Changes may include: Appendix A revisions; changes to Chemical of Interest (COI) Screening Threshold Quantities (STQs); adjustments to COI concentration and mixture rules; clarification of terminology (e.g., the addition of definitions for terms such as “material modification,” “critical asset,” and/or “inspection”); and/or streamlining the Risk Based Performance Standards (RBPSs).