Chemical Sector Security Summit Summary- General DHS Updates

The 2010 Chemical Sector Security Summit took place in Baltimore, Maryland on July 7^th and 8^th. There were approximately 400 attendees, with half representing private and public corporations and the balance being from various governmental agencies. Topics included both general programmatic updates from the Department of Homeland Security (DHS), as well as more tailored presentations regarding chemical security.

The most current data presented by DHS indicate that they have received over 38,000 Top Screens and 6000 Security Vulnerability Assessment (SVA). Additionally, 4110 facilities have received a final tiering, with 887 facilities still awaiting final tiering notification. DHS anticipates completing all Final Tier 1 notifications by the end of the summer. The following is a breakdown of the facilities by tier designation:

Tier	Total Facilities with Final Tier	Total Facilities Awaiting Final Tier
1	226	4
2	531	40
3	1132	126
4	2221	717
Total	4110	887

With regard to physical visits, DHS has completed 47 Pre-Authorization Inspections (PAI), and is expected to increase PAIs to 30-40 per month. This increase in PAIs will be accomplished by adding 100 additional DHS Infrastructure Security Compliance Division (ISCD) staff to the existing 168 staff responsible for chemical security compliance.

2010 Chemical Sector Security Summit

The 2010 Chemical Sector Security Summit began this week in Baltimore, Maryland. The two-day event, sponsored by the Department of Homeland Security (DHS) and the Chemical Sector Coordinating Council (CSCC), is designed for chemical industry, security, and health/safety/environmental professionals, and provides a forum for attendees to exchange information and network with government agencies, industry colleagues, and security professionals. The event will also give participants the opportunity to meet and interact with DHS officials, ask specific questions about the Chemical Facility Anti-Terrorism Standards (CFATS), and better understand the role of different agencies and departments involved in chemical security.

Chemical Sector Security Summit topics will include:

(1) Threats to the Homeland and Chemical Sector;
(2) Chemical Facility Anti-Terrorism Standards (CFATS);
(3) Cyber Security;
(4) Transportation Risks;
(6) Personnel Surety;
(7) Inherently Safer Technology (IST); and
(8) Best Practices from CFATS Inspections.

Senate Homeland Security Committee Approves Cyberspace Act

The Senate Homeland Security Committee recently approved the Protecting Cyberspace as a National Asset Act of 2010 (S.3480). If enacted, the legislation would create an Office of Cyber Policy in the White House that would lead all federal cyberspace efforts and devise national cyberspace strategy. It would also establish a National Center for Cybersecurity and Communications within the Department of Homeland Security that would enforce cybersecurity policies throughout the government and the private sector. The bill would also establish a public/private partnership to set national cyber security priorities and improve national cyber security defenses.

The legislation, aimed at protecting America’s critical cyber infrastructure, has the support of the American Chemistry Council (ACC). ACC’s senior director of security stated, “The bill . . . will go a long way toward building upon the rigorous security regulations already in place for our industry, while providing a much needed focus on cyber-security,” adding that the legislation “will help us protect our facilities, our employees, the communities where we operate, and the vital products we supply to the nation every day.”

Roberts Law Group Hosts Third Annual Homeland Security Regulatory Briefing

Roberts Law Group PLLC will host its Third Annual Homeland Security Regulatory Briefing on May 26, 2010, at the Downtown Four Seasons Hotel in Houston, Texas. The one-day conference will help members of industry and other interested parties understand the current impact of security regulations (to include freight rail security, CFATS, MTSA, and HM-232) and will offer practical advice for compliance. Agenda items include regulatory and legislative updates, as well as three separate panels of speakers who will discuss current industry compliance and implementation issues relating to security regulations.

Texas lawyers can earn six (6) CLE credit hours for attending. The registration fee is $95, and includes a generous lunch buffet sponsored by ADT Advanced Integration. Click here to register.

Chemical Safety and Hazard Investigation Board Planning IST Investigation

The U.S. Chemical Safety and Hazard Investigation Board (CSB) announced Friday in the Federal Register that they have drafted a task assignment for the National Academy of Sciences (NAS), titled "Study on Inherently Safer Chemical Processes: The Use of Methyl Isocyanate at Bayer CropScience." The study will be held pursuant to the Department of the Interior, Environment, and Related Agencies Appropriations Act of 2010 [Pub. L. 111-88], directing the CSB to conduct "a study by the [NAS] to examine the use and storage of methyl isocyanate including the feasibility of implementing alternative chemicals or processes and an examination of the cost of alternatives at the Bayer CropScience facility in Institute, West Virginia." Friday's Federal Register notice outlines the scope of the study and establishes a 15-day public comment period.

Specifically, the CSB is interested in public comments regarding the following four topics:

• Does the proposed Task Statement include the appropriate topics for consideration by the NAS?
• If funds are available, should the CSB initiate a second, related study to consider the feasibility, costs, and benefits of inherently safer alternatives to other chemicals?
• What kinds of backgrounds and expertise should be represented on the NAS panel?
• Is the proposed timetable appropriate?

Comments are due no later than May 10, 2010, and should be submitted by email to NASComments@CSB.gov, referencing Docket Number CSB-10-01 in the subject line.