On April 9, 2007, the Department of Homeland Security issued an interim final rule implementing its statutory mandate to regulate the security of high risk chemical facilities. The regulation set forth a tiered process for chemical facilities to address potential terrorist threats based upon the perceived level of risk. The rule included a proposed table of Chemicals of Interest (Appendix A), which was finalized on November 20, 2007. Companies possessing chemicals on this list in excess of specified thresholds will be affected by the rule. Facilities that possess or store chemicals of interest in excess of the thresholds will have until January 19, 2008 to submit a “Top Screen” questionnaire from which DHS will assign each facility a risk category.

The Environmental Law Practice Group has prepared a Client Advisory, which further describes the implications of this rule.