Question
Under the Chemical Facility Anti-terrorism Standards (CFATS), should a regulated facility submit a revised Top-Screen if it changes either the type (i.e., bulk versus portable packages/containers) or the amount of Ammonium Nitrate (AN) that it possesses?
Answer
Yes. A CFATS-covered facility that makes a “material modification to its operations or site” at any point after submitting the original Top-Screen questionnaire must complete and submit a revised Top-Screen to the Department within 60 days of the material modification. See 6 C.F.R. § 27.210(d) (2007), available at http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=24bea462b33cd08be54b9350d9358707&rgn=div5&view=text&node=6:1.0.1.1.10&idno=6#6:1.0.1.1.10.2.1.5.
Because changing the type of AN that a facility possesses (i.e., from bulk to portable packaging or vice versa) is a material modification under CFATS, covered facilities must submit a revised Top-Screen. The Department will then notify the covered facility as to whether it must submit a revised Security Vulnerability Assessment, Site Security Plan, or both. See 6 C.F.R. § 27.210(d) (2007), available at http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=24bea462b33cd08be54b9350d9358707&rgn=div5&view=text&node=6:1.0.1.1.10&idno=6#6:1.0.1.1.10.2.1.5.
This change in the type of AN that a facility possesses may also “materially alter” the facility’s operations, which can affect the facility’s risk-based tier. A covered facility may submit a written Request for Redetermination to the Department, asking DHS, through the revised Top-Screen, to reconsider the facility’s designated preliminary or final risk-based tier assignment based on the facility’s new information. See 6 C.F.R. § 27.205(b) (2007), available at http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=24bea462b33cd08be54b9350d9358707&rgn=div5&view=text&node=6:1.0.1.1.10&idno=6#6:1.0.1.1.10.2.1.5.
In addition to the Request for Redetermination, a covered facility may request a meeting with DHS regarding the Request. See 6 C.F.R. 27.205(b) (2007), available at: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=24bea462b33cd08be54b9350d9358707&rgn=div5&view=text&node=6:1.0.1.1.10&idno=6#6:1.0.1.1.10.2.1.5.
Question
If a facility that has already filed a Top-Screen possesses solid ammonium nitrate [nitrogen concentration of 23% or greater] in bulk and transfers some of this bulk ammonium nitrate into man-portable bags, should the bagged ammonium nitrate be reported in a revised Top-Screen as “Portable”?
Answer
Solid ammonium nitrate [nitrogen concentration of 23% or greater] possessed in transportation packaging (including man-portable bags) must be included when determining whether a facility meets the Standard Threshold Quantity (STQ) for this type of ammonium nitrate. If a facility possesses 2,000 pounds or more of this type of ammonium nitrate in man-portable bags, it meets the STQ for this variety of ammonium nitrate and must report it as “Portable” in a revised Top-Screen.
“Portable” is defined as either man-portable or mechanically portable, as described in the Chemical Security Assessment Tools (CSAT) Top-Screen Survey Application Users Guide, page 68, Section 7.4.3, available at http://www.dhs.gov/xlibrary/assets/chemsec_csattopscreenusersmanual.pdf.