Department of Homeland Security Chemical Facilities Anti-Terrorism Standard— Top-Screen Assessments Due on January 22, 2008

January 18, 2008
by TODD KANTORCZYK and MICHAEL NINES
MGKF Special Alert

On November 20, 2007, the Department of Homeland Security ("Department") published a Final Rule, which revised the list of chemicals of interest ("COI") in Appendix A to the Chemical Facility Anti-Terrorism Standards ("CFATS"). The revised list includes approximately 300 chemicals that the Department has determined present one or more security issues. Pursuant to the Final Rule, any facility that manufactured, used, stored or distributed any of the chemicals identified in Appendix A above a specified screening threshold quantity must complete and submit an assessment survey (referred to as "Top-Screen") to the Department by January 22, 2008. The Department will then evaluate the assessment survey to determine whether the facility possesses chemicals in sufficient quantities to present a high level of security risk, which determination could subject the facility to further regulation under CFATS.

For further information regarding this alert, and/or for assistance in completing the Top-Screen assessment survey, please contact Todd D. Kantorczyk, Esquire (tkantorczyk@mgkflaw.com or 484 430-2359) or Michael C. Nines, Technical Consultant (mnines@mgkflaw.com or 484-430-2350 ).