What has been dropped and what’s still on the Department of Homeland Security’s (DHS) final Appendix A: Chemicals of Interest?
Of greatest interest to ag retailers is urea fertilizer, which has been removed from the final appendix. Methyl bromide and chloropicrin also were removed from the list.
The appendix is a critical element of the Chemical Facility Anti-Terrorism Standards (CFATS) regulations. It contains a list of chemicals that, if possessed by a facility in a specified quantity, trigger a requirement to complete and submit an online DHS consequence assessment tool called a Top-Screen.
“The removal of urea from the final appendix is a big win for the agricultural retail-distribution industry,” states Jack Eberspacher, ARA president and CEO. “If urea had remained on the DHS list, many agricultural retail facilities would have been unnecessarily drawn into these new chemical security regulations, costing the industry significant time and money. ARA is pleased with the adjustments made to other products that remained on the final list, such as anhydrous ammonia, aqua ammonia, and propane.”
ARA visited with the White House’s Office of Management & Budget, urging their support for the removal of urea fertilizer. In addition, ARA played an integral role in ongoing discussions with DHS officials regarding the removal of this product, along with other adjustments to the Screening Threshold Quantity (STQ) for propane and various key ag products.
ARA has partnered with the Asmark Institute on a “How to Comply” CFATS guidance document for ARA members, which should arrive by mail soon.
Facilities that possess chemicals of interest at or above the listed STQs are required to complete the Top-Screen within 60-calendar days of the publication of Appendix A. DHS officials have indicated that the final appendix will be published in the Federal Register between Nov. 19-23.
To determine the type and quantity of chemicals that will be subject to the preliminary screening process, DHS examined the following three security issues:
Release — quantities of toxic, flammable, or explosive chemicals that have the potential to create significant adverse consequences for human life or health if intentionally released or detonated.
Theft and Diversion — chemicals that have the potential, if stolen or diverted, to be used or converted into weapons.
Sabotage and Contamination — chemicals that, if mixed with other readily available materials, have the potential to create significant adverse consequences for human life or health.
Visit www.dhs.gov/chemicalsecurity for more information on chemical security or to view the Appendix A final rule of CFATS.
Key Agricultural Products on the Final List Include:
Anhydrous ammonia — Screening Threshold Quantity (STQ) is 10,000 pounds (lbs.), similar to EPA’s Risk Management Program (RMP) level.
Ammonia (concentration of 20% or greater) — STO is 20,000 lbs., similar to EPA’s RMP level.
Solid Ammonium Nitrate (nitrogen content of 23 percent nitrogen or greater) – STO is 2,000 lbs.