The U.S. Department of Homeland Security has released an interim final rule that imposes comprehensive federal security regulations for high-risk chemical facilities.

This rule establishes risk-based performance standards for the security of our nation’s chemical facilities. It requires covered chemical facilities to:

• Prepare Security Vulnerability Assessments, which identify facility security vulnerabilities, and to
• Develop and implement Site Security Plans, which include measures that satisfy the identified risk-based performance standards.

Responsibility for chemical security is shared among federal, state, and local governments, as well as the private sector.

The Department of Homeland Security has issued Chemical Facility Anti-Terrorism Standards for any facility that manufactures, uses, stores, or distributes certain chemicals above a specified quantity.

The rule also contains associated provisions addressing inspections and audits, recordkeeping, and he protection of information that constitutes Chemical-terrorism Vulnerability Information (CVI).

Individuals with a need to know Chemical-terrorism Vulnerability Information are required to properly safeguard sensitive information that describes facility security operations. The improper use or disclosure of this information could be exploited by terrorists to attack these facilities or target them for theft or diversion of materials of concern.

Chemical facilities are provided a means to protect the information that must be submitted to the Department to demonstrate compliance with Chemical Facility Anti-Terrorism Standards. Program procedures also require anyone in possession of Chemical-terrorism Vulnerability Information to only share this information with individuals that have completed the authorization requirements and demonstrate a need to know.