National Association of Chemical Distributors (NACD) has filed comments on the Department of Homeland Security’s (DHS) chemical facility anti-terrorism standards related to a list of chemicals and quantities that trigger a facility's requirement to fill out a "top screen" consequence assessment questionnaire.
The assessment will be used by DHS to determine whether a facility will need to complete a security vulnerability assessment and site security plan under the rule. NACD’s comments address the definition of a chemical facility, the low threshold amount for many chemicals on the list, how blends or mixtures should be handled, regulatory consistency, and format of the Appendix A list.
NACD requested that DHS modify the top screen definition of a chemical facility in order to clarify the requirements of distributors that do not store chemicals on-site or have the chemicals on-site for only a limited time period. The association also recommended that DHS replace “any amount” with specified quantities that experts believe would be necessary to produce an off-site consequence to the public. For many of the chemicals listed in Appendix A, a facility that possesses “any amount” would be required to complete a top screen assessment questionnaire, NACD said in a news release.
NACD also asked DHS how to handle mixtures that contain both Appendix A and non-Appendix A chemicals, such as whether small amounts of Appendix A chemicals in blends would be considered part of “any amount” that would trigger top screen completion.
The association encouraged DHS to align screening threshold quantities with Environmental Protection Agency threshold planning quantities and to issue the Appendix A list by the Chemical Abstract Service numerical sequence in addition to the straight alphabetical listing.