January 31, 2008 / Issue No. 1-08
 
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Water
EPA Fast Tracks Rule To Set Limits on Sediment in Construction Runoff
AGC Joins Coalition in Comments to U.S. EPA, U.S. Army Corps of Engineers on Wetlands Jurisdictional Guidance
New Energy Law Includes Stormwater Standard for Federal Development Projects
EPA Announces Several New Resources for Stormwater Professionals
Air
AGC Comments on Last-Minute Changes to Californiaís Off-road Diesel Rules
AGC Weighs in on Green House Gas Provision in Energy Bill, Wins Short-Term Safeguard
EPA Announces Webcast on 2008 Diesel Retrofit Funding Opportunities
Chemicals
New Rule Regulates Chemical Storage Facilities and Operators
News & Events
Donít Miss the Unveiling of AGCís New LEED Course for Contractors at 2008 Annual Convention; Registration Reopened
AGC Environmental Network Steering Committee To Meet at 2008 Annual Convention; All Attendees Welcome
AGC Audio Conference Planned to Provide Contractors with the Basics of Green Construction
Complete Recordings from AGCís 2007 Environmental Audio Conferences Now Available
AGC-EPA Interface
Environmental Performance Metrics for Construction

  New Rule Regulates Chemical Storage Facilities and Operators
On January 19, 2008, facilities must comply with Appendix A and all provisions of 6 CFR Part 27 of the U.S. Department of Homeland Security (DHS) Chemical Facility Anti-Terrorism Standards Interim Final Rule that sets guidelines for security provisions and threat classifications of certain industrial chemical storage facilities.

The rule, which falls under the Security Appropriations Act of 2007, requires that qualifying storage facilities make assessments of chemical stock and issue Security Vulnerability Assessments (SVAs) based on those materials identified in the rule and then to provide Site Security Plans (SSPs) explaining how those materials will be secured. The rule allows DHS to enforce these guidelines through the issuance Orders Assessing Civil Penalty and Orders for the Cessation of Operations.

DHS has also developed a tier system that categorizes the risk level for given chemicals covered by the Rule. Tier designations identify those chemical facilities that pose the greatest risk to national security and are based on an assessment of the:

  • threat of a terrorist attack on a facility,
  • vulnerability of a facility to a terrorist attack, and
  • consequences of an attack on a facility.

To accurately assess these issues, DHS now requires that all operators and managers of chemical facilities that fall under the new rule submit results of a Chemical Security Assessment Tool (CSAT), which is comprised of a Facility Registration Questionnaire, a Consequence Screening Questionnaire (Top-Screen), and a SVA and SSP.

Affects on Contractors

In spite of the temporary nature of construction projects and the fact that contractors may be responsible for the security of a site only for brief periods of time, this rule may affect contractors. Any entity that is responsible for the security of a chemical storage site that falls under this rule must comply. This means that contractors storing the chemicals of concern or working at these facilities are responsible for the security of that facility during their contract they will have to submit CSAT test results.

For questions on the requirements of this rule, contact the Homeland Security Help Desk (866) 323-2957.

For more information, click here to view the DHS’s website.
The official rule published in the Federal Register can be found here as a pdf.
An appendix of the chemicals that falls under the Rule can be found here as a pdf
For information on the Chemical Security Assessment Tool (CSAT), click here. [ return to top ]