Kelley Drye’s Environmental practice group has prepared a Client Advisory describing the Department of Homeland Security's recent issue of letters to approximately 7,000 industrial and other sites that have been designated as "high risk" under the Department’s Chemical Security Anti-Terrorism Standards. These facilities have been assigned a chemical security risk level (Tier 1 through Tier 4), which triggers requirements for developing and implementing a security assessment and plan.
Over 32,000 facilities were required to submit initial disclosures to DHS, because, in many cases, the reporting thresholds for a number of the chemicals of concern were rather modest. Upon reviewing these submissions, DHS determined that 7,000 facilities were classifiable in one of four risk tiers: from Tier 1 (highest risk) to Tier 4 (lowest risk). The remaining 25,000 submitters were determined to be non-risk facilities and are expected to receive a letter informing them that they will not incur any obligations under the regulation.