Six months after a major U.S. chemical plant security monitoring program expired, industry leaders are doubling down on calls for reauthorization, with little prospect of government renewal so far. ing.
The Chemical Facility Anti-Terrorism Standards (CFATS) program, managed by the U.S. Cybersecurity and Infrastructure Security Agency (CISA), regulates high-risk chemical facilities to ensure that these facilities are not misused by terrorists. The program helps strengthen the physical security and cybersecurity of chemical facilities, but it expires in July 2023 and Congress has not yet extended or reauthorized it.
In fact, more than one-third of inspections identify a security gap, and often multiple security gaps.
Kelly Murray, CISA
Since the expiration, “CISA has not received updated information on hazardous chemicals from more than 240 facilities,” Kelly Murray, CISA's deputy director for chemical security, told a convening of representatives from chemical trade groups, Congress and government agencies. He said this at a recent press conference. topic.
“This impacts our ability to collaborate and provide information with our federal, state and local partners during incidents and events to re-prepare and keep our communities safe,” Murray said. He continued, adding that CISA will soon miss its 900th inspection under CFATS since the program expired. “More than one in three inspections actually identifies a security gap, and in many cases more than one security gap is identified,” she said. “So if she missed more than 900 inspections, there is likely to be more than 300 of her facilities with security deficiencies, and we would expect that number to actually be significantly higher.”
Through CFATS, the names of people who have access to chemical facilities or attempt to access dangerous chemicals within these plants are matched against those listed in the Federal Bureau of Investigation's terrorist screening database. However, CISA currently estimates that 54,000 employees who have recently accessed or are attempting to access restricted areas or critical access at chemical facilities have not been tested.
This is a special situation where regulators and industry work together
Chris Jahn, American Chemistry Council
Over the life of CFATS, CISA has identified more than 10 individuals with potential ties to terrorism, and given its scrutiny rate, CISA has identified at least 10 individuals as known or suspected terrorists in the past six months. Murray said it was likely they had identified the person. Murray also pointed to good data showing that CFATS has been effective in helping chemical facilities be better prepared to deal with security incidents, with plants implementing multiple security measures as part of the approval process.
“Every day this failure continues, the risk of a chemical attack increases,” warned Caitlin Derkovich, President Joe Biden's deputy assistant secretary for resilience and response at the Department of Homeland Security. He previously oversaw the CFATS program at the Department of Homeland Security (DHS). Barack Obama administration.
Without action from Congress, there are concerns that states will step in to regulate these chemical facilities. For example, Nebraska lawmakers recently introduced a bill that would consider creating CFATS-like regulations for the state.
In July, Nick Adams, legislative director for Republican Rep. Laurel Lee of Florida, said, “The patchwork of rules and regulations from various agencies and states places tremendous burdens on businesses.'' “This could lead to confusion and contradictory requirements.” Expand the authority of CFATS. The bill was blocked in the Senate, and the program expired.
Chris Jahn, president of the American Chemistry Council, agrees. “I spend a good portion of my day fighting against federal regulatory overreach. This is a unique situation where regulators and industry work together,” he said. “Our company should not be forced to act alone. We need a partner who can provide threat intelligence and security expertise, the kind of knowledge that only DHS can provide through CFATS.”
