Overview of the Chemical Facility Anti-Terrorism Standards

For the past few decades, chemical facilities located throughout the United States have been subject to a variety of regulations governing facility safety, but security at those facilities has for the most part been unregulated. Since the horrific attacks of 9/11, however, chemical facility security has become a national priority alongside of chemical facility safety. In light of this, in October 2006, Congress granted the Department of Homeland Security (DHS) regulatory authority over chemical facility security. Pursuant to this authority, in April 2007, DHS promulgated the Chemical Facility Anti-Terrorism Standards (CFATS).

Through CFATS, DHS has established a risk-based approach to securing the nation's highest risk chemical facilities. CFATS requires all high-risk chemical facilities to perform Security Vulnerability Assessments and develop and implement Site Security Plans that meet eighteen risk-based performance standards established by DHS. Facilities subject to CFATS are inspected on a regular basis to ensure that they are implementing their security plans and that the security measures they have selected in the plans are commensurate to the facility's level of risk. This paper will provide an overview of the CFATS regulatory regime and how it is being used to help chemical facilities address security in a post-9/11 world.