No one would deny the importance of protecting our chemical and petrochemical facilities against terrorists and other threats. But putting standards and best practices in place is understandably a lengthy and ever-evolving process. The industry's security leaders need to stay on top of the latest regulations, such as the Chemical Facility Anti Terrorism Standards (CFATS), to be compliant with the law and provide adequate security for their facilities and personnel.

Just over a year ago, on June 8, 2007, the Department of Homeland Security's CFATS Interim Final Rule (IFR) became a Federal Regulation under 6 CFR 27. The IFR along with its Appendix A, Chemicals of Interest (COI), released on Nov. 20, 2007 put in motion the uniform process of assessing our nation's chemical and petrochemical facilities against Risk-Based Performance Standards (RBPS). The purpose is to ensure that "high risk" chemical and petrochemical facilities have the proper security measures in place to prevent the release, theft, diversion, sabotage, or contamination of specific COI, as identified in Appendix A. The impact on the industry will depend on where a company's facility is ranked in the CFATS Tier process.

Under the IFR, if your company or facility manufactures, uses, stores or distributes any COI at the threshold levels identified in Appendix A, your company must have completed an online "Top Screen" using the DHS' Chemical Security Assessment Tool (CSAT) by January 22, 2008. As of March 31, 2008 over 30,000 Top Screens had been submitted and another 7,800 who had requested extensions were due. The DHS expects a total of 42,000 to 45,000 Tops Screens will be submitted before the process is completed.

If you have a facility that would fall under CFATS and you have not completed a Top Screen, it is not too late to do so. But please be aware that if you do not enter the screening process, DHS will be able to identify your facility through state and business record checks they are currently conducting, and will take action under Section 27.300 of the IFR. It also should be noted that if you currently have a facility that is governed under the Maritime Transportation Security Act you are not required to complete a Top Screen.