On April 4, 2017, the Department of Homeland Security (DHS) began issuing tiering notifications to Chemical Facility Anti- Terrorism Standards (CFATS) regulated facilities based on the results of DHS’s new enhanced risk-tiering methodology.
To date, approximately 12,000 updated Top-Screens have been received from the 27,000 facilities that previously reported holdings of chemicals of interest (COI) at or above the screening threshold quantity.
DHS has sent out over 10,000 tiering determination letters to facilities that have submitted new Top-Screens. Tiering letters are being prioritized based on when DHS received the facility Top-Screen, upcoming compliance inspection schedules, and to consider workload for submitters that have a high number of covered facilities with changes.
Over the next 18 months we will continue to notify facilities of the requirement to submit new Top-Screens and issue tiering decisions on a rolling basis.
I’ve Received a Tiering Letter, Now What?
As facilities receive tiering letters, their next steps will depend on their results.
Facilities new to the CFATS program will be required to submit security plans. If a current facility receives a revised tiering assessment, it does not necessarily mean that it will be required to submit a Site Security Plan (SSP)/Alternative Security Program (ASP).
Facilities should review their tiering letter along with their approved SSP/ASP to determine whether it meets the security measures associated with all the chemicals of interest (COI), specific security issues (Theft/Diversion, Release, or Sabotage), and tiers in the letter. If not, an SSP/ASP update may be required.
Examples of situations in which a facility will need to update its SSP may include:
- Facilities that add a newly tiered COI, which is located in a new asset area not currently addressed in the SSP/ASP;
- Facilities that increase in tier and do not have sufficient security measures to account for the higher tier;
- Facilities with an added security concern from a current COI that lacks sufficient security measures to account for the new security concern.
For example, if a facility possesses chlorine tiered for “theft/diversion” but now must also account for chlorine as a “release” concern, the existing SSP/ASP would need to be revised to include security measures to address risks associated with release COI.
DHS will assess facilities on a case-by-case basis to ensure security measures are appropriate to their level of risk.