Wednesday, January 13, 2010

DHS Issues 60-Day Comment Request for CFATS Applicability to Gasoline Terminals

The Department of Homeland Security's (DHS's) National Protection and Programs Directorate published a 60-day Request for Comments regarding the applicability of the Chemical Facility Anti-Terrorism Standards (CFATS) to gasoline terminals. DHS initially published the request on Tuesday, January 12, but republished it on Friday, January 15, due to footnote omissions. Broadly speaking, DHS seeks comments on the applicability of CFATS to gasoline terminals as a result of technical and procedural issues raised by industry, including the issues raised in the petition [petition exhibits] filed by the International Liquid Terminals Association (ILTA) in May 2009.

Request for Comments

DHS is requesting comments on three issues:
  • Comments on the inclusion of 6 CFR 27.203(b)(1)(v) (counting of Release-COI in gasoline, diesel, kerosene, or jet fuel in aboveground storage tanks) and 6 CFR 27.204(a)(2) (the flammable mixtures rule), as they apply to gasoline terminals;
  • Comments on the applicability of the modified VCE model to gasoline terminals, including: whether the reduction of the vapor yield for gasoline from ten percent (as in EPA’s VCE model) to one percent reasonably reflects the potential consequences for a vapor cloud explosion from gasoline (as compared to other liquid flammable chemicals); and whether a different yield factor adjustment might better reflect the potential consequences for a vapor cloud explosion from gasoline; and
  • Comments on whether a reasonable model exists or should be developed for future use that would allow DHS to estimate the plausible worst-case consequences of an uncontained pool fire resulting from a successful attack on gasoline terminals.
Interested parties may submit written comments by March 15, 2010, in one of two ways:
  • Online, through the Federal eRulemaking Portal; or
  • Via mail, to: U.S. Department of Homeland Security, National Protection and Programs Directorate, Office of Infrastructure Protection, Infrastructure Security Compliance Division, Mail Stop 8100, Washington, DC 20528.

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