The Department of Homeland Security on Nov. 2 released the final Appendix A list of chemicals as part of its Chemical Facility Anti-Terrorism Standards (CFATS), and urea fertilizer has been removed from the list. The move marks a victory for the fertilizer and agri-chemical industries, which had lobbied hard for the removal of urea and for additional changes to the screening threshold quantities (STQ) of other fertilizer products.
Appendix A contains a list of chemicals that, if possessed by a facility in a specified quantity, trigger a requirement to complete and submit an online consequence assessment tool called a Top-Screen. The information gathered through the Top-Screen will help DHS make preliminary determinations as to which facilities present a high level of security risk. The CFAT requirements, which went into effect in June of this year, were covered extensively by each of the three speakers at Green Markets‘ recent “Chemical Security and the Fertilizer Industry” interactive audio conference (GM Oct. 29, p. 15).
“The publication of Appendix A is a critical piece of the federal effort to increase security at high-risk facilities, making it less likely that terrorists can use dangerous chemicals in attacks,” said DHS Secretary Michael Chertoff. “The chemical security Interim Final Rule defined how the department will implement this substantial new authority given by Congress. With the release of Appendix A, we continue the process of minimizing a significant threat to better ensure the security of American citizens.”
DHS expects the final Appendix A to be published in the Federal Register the third week of November, which will start the 60-day clock to register and complete the Top-Screen.
Richard Gupton, vice president of legislative policy and counsel for the Agricultural Retailers Association, referred to the removal of urea from the list as “a big win for ARA and the industry as it would have the broadest impact on the agricultural sector.” Gupton, who was one of three panelists at the Green Markets audio conference on Oct. 23, said ARA visited with the White House Office of Management and Budget (OMB) in early September to urge their support for the removal of urea fertilizer.
“The agricultural industry more widely utilizes urea fertilizer today as a result of the reduced availability of ammonium nitrate fertilizer, which is due to liability concerns and its known successful use in terrorist attacks,” ARA said in an Aug. 27 letter to OMB Acting Director Steven S. McMillin. “Including urea will cause significant time and money for the industry and use up scarce DHS resources to focus on low risk chemical facilities, thus preventing DHS officials from concentrating their efforts on real and serious threats posed by terrorists against truly high-risk facilities.”
Propane, the product that generated the most controversy and discussion between DHS and the chemical industry, remains on the Appendix A list but at a significantly higher STQ than originally proposed. DHS evaluated the way propane is used in the economy and adjusted the STQ to 60,000 pounds. In addition, propane containers of 10,000 lbs. or less do not have to be counted at all. According to ARA, this change should eliminate end users of propane, making the CFAT requirements for propane applicable only to large industrial users and propane distributors.
Other key products on the final Appendix A list include anhydrous ammonia at a STQ of 10,000 pounds, which is similar to EPA’s RMP level, and solid ammonium nitrate (with a nitrogen content of 23 percent or greater) at an STQ of 2,000 pounds.
The final Appendix A and additional background materials related to the CFATS can be viewed at http://www.dhs.gov/xprevprot/programs/gc_1169501486179.shtm. An audio recording of Green Markets‘ “Chemical Security and the Fertilizer Industry” audio conference is available on CDROM for $199, and can be ordered by visiting http://www.pf.com/eventDetail.asp?id=78&type=2.