The Chemical Facilities Anti-Terrorism (CFATS) program was authorized by the Department of Homeland Security (DHS) to regulate chemical facilities for anti-terrorism purposes. Section 550 of the DHS Appropriations Act, 2007 (Public Law 109-295), which provided DHS with such authority, is set to expire on October 4, 2011.
Under Section 550, DHS was required to establish risk-based performance standards for security at chemical facilities, develop vulnerability assessments, and develop/implement site security plans. DHS must then review and approve each facility’s assessment plan and implementation, even if the facility’s plan was not a DHS-developed plan. Disapproval is only to occur if the facility’s plan or assessment fails to comply with the regulations.
Article authored by McAfee & Taft attorney: Heidi Slinkard Brasher.
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