On December 28, 2006, the Department of Homeland Security (DHS) published in the Federal Register a proposed rule to develop mandatory chemical facility security programs at high-risk chemical facilities.
The proposed regulation requires chemical facilities fitting certain profiles to complete an online risk assessment to assist in determining their overall level of risk. High-risk facilities will then be required to conduct vulnerability assessments and submit site security plans that meet DHS's performance standards. DHS will validate submissions through audits and site inspections, and will provide technical assistance to facility owners and operators as needed. Performance standards will be designed to achieve specific outcomes, such as securing the perimeter and critical targets, controlling access, deterring theft of potentially dangerous chemicals and preventing internal sabotage. Security strategies necessary to satisfy these standards will depend upon the level of risk at each facility.Failure to comply with performance standards may result in civil penalties up to $25,000 per day and "egregious" instances of noncompliance could result in an order to cease operations.
Public comments on the proposed rule must be submitted by February 7, 2007.
