CFATS Update: Almost 4,000 Facilities in Final Tier

Earlier this month, ChemicalProcessing.com presented an ADT-sponsored webinar focused on CFATS & MTSA Security: Tips & Regulatory Updates. The hour-long webinar addressed issues that chemical plants face in an effort to comply with the anti-terrorism standards.

Ryan Loughin, director of Petrochem & Energy Group at ADT and Steve Roberts, attorney at law at Roberts Law Group were both keynote speakers. The majority of the event centered on questions presented from industry professionals about CFATS compliance and the waiting period between security authorizations.

Loughin presented new CFATS facility tier figures as of July 6. He showed that approximately 3,951 facilities are in the final tier, while 616 facilities are awaiting final tier status. To date, there are 99 tier one SSPs and no SSPs have been fully approved, yet. No one has a letter of approval. A few have had a conditional inspection based on preliminary approval (letter of inspection) and a team has come out to inspect the site. The speakers addressed that most CFATS inspections are typically scheduled for a five-day period with five to eight inspectors. But the length of the inspection really depends on how prepared the site is.

Neither speaker could provide a clear answer pertaining to what people can start doing to implement security measures while awaiting SSP approval -- both stated that this issue is a problem.

Quite a few regulations are still in the testing stage and have yet to be fully developed. A CFATS/MTSA Harmonization Update revealed that no real progress has taken place in developing in-depth MTSA and CFATS site regulations, only preliminary phases.

Roberts addressed the proposal for updating MTSA II regulations examining risks, standards and interpretation of regulations. As far as how companies can manage their CFATS initiative, the overall suggestion for companies, was to implement basic security needs in advance of getting official authorization -- for example, monitoring systems on fence lines. It really depends on what the company already has in place and what improvements are being requested.

One concern presented by webinar attendees pertained to the new ammonium nitrate law. The law isn’t a regulation yet and it is separate from CFATS and may or may not be subject to CFATS. The registration rule is really after the theft aversion issue in the ammonium nitrate problem. Yes, they are related but they are two separate problems. There is no final regulation or draft yet.

The Department of Homeland Security (DHS) released three federal register notices for submitting requirements to the terrorist screening database (TSDB) under CFATS Personnel Surety Program (PSP) on June 11. They include:

  • Notice of proposed rulemaking proposing privacy act exemption for CFATS personnel surety program system of records.
  • Response to comments received during 30-day CFATS personnel surety program information collection request.
  • Notice of privacy act system of records for the CFATS personnel surety program.

DHS is following up on notices relating to the terrorist screening database. The DHS is seeking information from two classes of personnel -- facility personnel and unescorted visitors referred to as “affected individuals.”

DHS will require high-risk chemical facilities to have “affected individuals” submit full name, date of birth and citizenship for U.S. Citizens and lawful residents. Non-U.S. persons must submit full name, date of birth, citizenship, passport and/or Alien registration number. This information is being asked to reduce the number of false positives in matching against the TSDB.

DHS will only provide companies a receipt of the submitted information, but no results pertaining to background screening. Attorney Roberts predicts within the next year, DHS will further define the problem and measures.

About the Author

Christina Miralla is the associate content editor at 1105 Media, Inc.

Featured

  • Security Industry Association Announces the 2026 Security Megatrends

    The Security Industry Association (SIA) has identified and forecasted the 2026 Security Megatrends, which form the basis of SIA’s signature annual Security Megatrends report defining the top 10 factors influencing both near- and long-term change in the global security industry. Read Now

  • The Future of Access Control: Cloud-Based Solutions for Safer Workplaces

    Access controls have revolutionized the way we protect our people, assets and operations. Gone are the days of cumbersome keychains and the security liabilities they introduced, but it’s a mistake to think that their evolution has reached its peak. Read Now

  • A Look at AI

    Large language models (LLMs) have taken the world by storm. Within months of OpenAI launching its AI chatbot, ChatGPT, it amassed more than 100 million users, making it the fastest-growing consumer application in history. Read Now

  • First, Do No Harm: Responsibly Applying Artificial Intelligence

    It was 2022 when early LLMs (Large Language Models) brought the term “AI” into mainstream public consciousness and since then, we’ve seen security corporations and integrators attempt to develop their solutions and sales pitches around the biggest tech boom of the 21st century. However, not all “artificial intelligence” is equally suitable for security applications, and it’s essential for end users to remain vigilant in understanding how their solutions are utilizing AI. Read Now

  • Improve Incident Response With Intelligent Cloud Video Surveillance

    Video surveillance is a vital part of business security, helping institutions protect against everyday threats for increased employee, customer, and student safety. However, many outdated surveillance solutions lack the ability to offer immediate insights into critical incidents. This slows down investigations and limits how effectively teams can respond to situations, creating greater risks for the organization. Read Now

New Products

  • A8V MIND

    A8V MIND

    Hexagon’s Geosystems presents a portable version of its Accur8vision detection system. A rugged all-in-one solution, the A8V MIND (Mobile Intrusion Detection) is designed to provide flexible protection of critical outdoor infrastructure and objects. Hexagon’s Accur8vision is a volumetric detection system that employs LiDAR technology to safeguard entire areas. Whenever it detects movement in a specified zone, it automatically differentiates a threat from a nonthreat, and immediately notifies security staff if necessary. Person detection is carried out within a radius of 80 meters from this device. Connected remotely via a portable computer device, it enables remote surveillance and does not depend on security staff patrolling the area.

  • FEP GameChanger

    FEP GameChanger

    Paige Datacom Solutions Introduces Important and Innovative Cabling Products GameChanger Cable, a proven and patented solution that significantly exceeds the reach of traditional category cable will now have a FEP/FEP construction.

  • HD2055 Modular Barricade

    Delta Scientific’s electric HD2055 modular shallow foundation barricade is tested to ASTM M50/P1 with negative penetration from the vehicle upon impact. With a shallow foundation of only 24 inches, the HD2055 can be installed without worrying about buried power lines and other below grade obstructions. The modular make-up of the barrier also allows you to cover wider roadways by adding additional modules to the system. The HD2055 boasts an Emergency Fast Operation of 1.5 seconds giving the guard ample time to deploy under a high threat situation.