Chemical Facility AntiTerrorism Standards

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Chemical Facility Anti-Terrorism Standards
Rudy UnderwoodSenior Director State and
Grassroots American Chemistry Council
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Todays Presentation

• ACC Action
• Major Rule Components
• Select Risk-Based Performance Standards
• 2009 Outlook

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Action to Date

• ACC members have invested over 6 billion since
  9/11 to enhance security through the Responsible
  Care Security Code (RCSC) which is mandatory for
  all of our members
• We represent over 90 of the U.S. chemical
  manufacturing capacity at approximately 2040
  facilities nationwide
• Over 60 of ACC members are small business and
  yet regardless of facility size and chemicals
  used or produced, all ACC members have
  implemented the Security Code

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Chemical Facility Anti-Terrorism Standards

• DHS Rule Components
• Appendix A list of chemicals and thresholds
  used by DHS to conduct a rough screen and
  prioritize sites
• Over 40,000 sites evaluated some still
  trickling in
• Assess for theft/diversion, sabotage, offsite
  consequence and economic criticality
• Over 7,000 sites were preliminarily deemed high
  risk. They must complete a vulnerability
  assessment Chemical Security Assessment Tool
  (CSAT) for tiers 1 3 and other approved methods
  (RCSC) for tier 4.

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Chemical Facility Anti-Terrorism Standards

• 18 Risk-Based Performance Standards (RBPS) apply
  in whole or in part based upon vulnerabilities
  identified sites then select the appropriate
  combination of metrics based upon case-by-case
  analysis
• Site Security Plans (SSP)
• DHS reviews and approves SSPs which will codify
  the performance metrics and CSAT results once
  approved the site must implement the measures
• Enforcement includes 25,000 fines and potential
  facility shutdown for non-compliance
• Rule sunsets on October 1, 2009

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Chemical Facility Anti-Terrorism Standards

• DHS rule components for high risk sites

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RBPS 1 Restrict Area PerimeterRBPS 2 Secure Site
Assets

• 1 Secure and monitor the perimeter of the
  facility
• 2 Secure and monitor restricted areas or
  potentially critical targets within the facility
• Similar goals to minimize the likelihood of a
  successful and/or undetected penetration of the
  facilitys perimeter and critical assets
• On foot or in vehicle
• By force, stealth, or deception
• Two fundamental aspects
• Secure - Physically limiting accessibility to the
  facility/asset
• Monitor - Maintaining domain awareness of the
  perimeter/asset, including the areas immediately
  beyond the perimeter (the buffer zone)

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RBPS 1 2 Measures

• Four major categories include
• Human Barriers fences, gates, guards, patrols
• Vehicle Barriers bollards, ditches, jersey
  walls
• Standoff distance buffer zones around the
  facility or key asset green areas, distance to
  receptor
• Monitoring/Surveillance video, IDS, lighting
• Layered security which combines these features
  will most often be needed to meet the requirements

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Restricting Access?
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RBPS 3 - Screen and Control Access

• Control access to the facility and to restricted
  areas within the facility by screening and/or
  inspecting individuals and vehicles as they
  enter
• Measures to deter the unauthorized introduction
  of dangerous substances and devices that may
  facilitate an attack, or actions having serious
  negative consequences
• Measures implementing a regularly updated
  identification system that checks the ID of
  facility personnel, contractors and others
  seeking access

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RBPS 3 Measures

• Five major categories include
• Personnel ID photo ID checks, employee and
  contractor badges, biometrics
• Hand carried items inspections visual, ex-ray
  metal detectors
• Control point measures traffic calming, vehicle
  barriers, restrict access points, gates
  turnstiles, access control systems
• Vehicle ID and inspection visual, explosive
  detection, cargo inspection systems
• Parking security limit parking within secure
  areas, parking permits, gates, access

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RBPS 11 Training

• Ensure proper security training, exercises and
  drills of facility personnel
• Measures to increase employee awareness,
  identification and response to suspicious
  behavior, unauthorized access etc.
• Develop and implement programs on a regular basis
• Include local first responders
• Document type, frequency etc. of programs for DHS
  inspector verification

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RBPS 12 Personnel Surety

• Perform appropriate background checks on and
  ensure apporpriate credentials for facility
  personnel, and as appropriate, for unescorted
  visitors with access to restricted areas or
  critical assets
• Verify and validate identity
• Check criminal history
• Verify and validate legal authorization to work
• Identify those with terrorist ties
• Submit certain information for DHS/FBI to
  complete analysis
• Contractors and anyone else gaining access to
  restricted areas will need to meet these
  requirements

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RBPS 12 Personnel Surety

• Who Needs an Appropriate Background Check?
• All individuals who have unescorted access to
  critical or restricted areas or assets
• Current employees YES
• New employees YES
• Contractors YES
• Transport drivers YES
• Visitors -YES

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RBPS 18 Recordkeeping

• CFATS has specific requirements for records at 6
  CFR 27.255
• Facilities must maintain 3 years of records for
• Training, drills and exercises
• Security threats, incidents and breaches
• Maintenance, calibration and testing of security
  equipment
• Letters of DHS authorization and approval
• Documentation of audit and inspection results
• Six years of records are required for
• Submitted top-screens, SVAs and SSPs
• All related correspondence with DHS
• Stored appropriately and available to DHS on
  request

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CFATS Outlook

• Implementation of the CFATS rule (including
  capital outlays) continues to ramp up through
  2009 and 2010
• Expectations for DHS to expand voluntary
  initiatives targeting facilities not subject to
  the rule are moving parallel to CFATS
• DHS working to close potential security gaps with
  TSA, Coast Guard and others throughout the
  chemical supply chain

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Legislative Outlook

• Three Options to Reauthorize CFATS
• Pass Reauthorizing Legislation
• Strike the Sunset Language
• Appropriate Funds for the Program
• House Taking the Lead on Action
• Homeland Security Energy and Commerce
• Jurisdictional Issues Continue in House
• Water Treatment Facilities

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House Draft Legislation

• Chairman Thompson Draft Legislation Similar to
  Last Years Bill
• Good News - Continues Risk-Based Performance
  Standards
• Bad News Contains IST and Private Right of
  Action Provisions
• Committee on Homeland Security indicates they
  would like to take up the bill before the 4th of
  July recess

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• Thank You!
• Rudy Underwood
• Rudy_underwood_at_americanchemistry.com
• 770-421-2991
• www.americanchemistry.com