The Department of Homeland Security is granting a time extension for farmers and other agricultural users who are required to submit Chemical Security Assessment Tool Top-Screen information as part of the Chemical Facility Anti-Terrorism Standards (CFATS).
DHS issued a letter granting the extension on Dec. 21, which was subsequently published in the Federal Register and flagged by the Green Markets FR Today alert service. The letter states that the extension is intended for farmers and other agricultural users of chemicals listed in the department’s Appendix A list of Chemicals of Interest (COI). The Federal Register notice states, however, that the extension does not apply to agricultural facilities, chemical distribution facilities, or commercial chemical application services, presumably because these businesses possess COIs at or above the screen threshold quantities as specified by Appendix A.
The final Appendix A list was published in November (GM Nov. 5, p. 14), and specified Jan. 22, 2008, as the date by which all facilities possessing COIs at or above the specified STQs were required to complete and submit their Top-Screen information to DHS. The letter said that DHS intended to “limit the coverage of that requirement as related to farmers and other agricultural users of the chemicals of interest by revising screening thresholds and counting rules for certain chemicals.”
Since the publication of the final Appendix A list of chemicals, DHS said additional questions and concerns have been raised regarding the applicability of the Top-Screen requirements to agricultural facilities and operations. As a result, DHS is gathering more information about these issues “to determine whether any modification of the Top-Screen requirements might be warranted.”
DHS also referred to the Department of Homeland Security Appropriations Act of 2008, which was signed by President Bush on Dec. 26 and includes the Secure Handling of Ammonium Nitrate Act (GM Jan. 7, p. 1). “The law authorizes DHS to develop processes for the registration of ammonium nitrate purchasers and for the maintenance of relevant records,” the letter states. “Because this law will likely cover many farmers and other agricultural operations, DHS may review its approach towards Chemicals of Interest used in agricultural operations.”
The letter states that until further notice, Top-Screens will not be required for “any facility that is required to submit a Top-Screen solely because it possesses any Chemical of Interest, at or above the applicable screening threshold quantity, for use in preparation for the treatment of crops, feed, land, livestock (including poultry) or other areas of an agricultural production facility; or during application to or treatment of crops, feed, land, livestock (including poultry) or other areas of an agricultural production facility.” The letter says the extension applies specifically to “facilities such as farms (e.g., crop, fruit, nut, and vegetable); ranches and rangeland; poultry, dairy, and equine facilities; turfgrass growers; golf courses; nurseries; floricultural operations; and public and private parks. This extension does not apply to chemical distribution facilities, or commercial chemical application services.”
Questions about the Top-Screen requirements and the time extension can be directed to Dennis Deziel, deputy director, DHS Compliance Security Compliance Division, at dennis.deziel@dhs.gov, or by calling 866-323-2957.