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Homeland Security chemical guidelines may affect Colorado facilitiesColorado The Colorado Department of Agriculture is urging state ag producers to assess their stored chemicals, under new federal Department of Homeland Security rules. DHS has issued Chemical Facility Anti-Terrorism Standards for any facility that manufactures, uses, stores or distributes certain chemicals, including agricultural fertilizers and certain fumigants, above a specified quantity. The DHS final rule on Chemical Facility Anti-Terrorism Standards, including the final list of chemicals covered, was published in the Federal Register on Nov. 20, 2007. The final list of chemicals, referred to as Appendix A, includes approximately 300 chemicals of interest and includes common industrial chemicals such as chlorine, propane and anhydrous ammonia. "Appendix A lists chemicals that can be found in fertilizers and pesticides," said Commissioner of Agriculture John R. Stulp, "but I encourage all ag producers who store chemicals to check the entire list to make sure they are compliant with the federal regulations." A few of the pesticide chemicals listed in Appendix A include the fumigants aluminum phosphide and phosphine and plant growth regulators ethylene and ethylene oxide; those chemicals found in fertilizers include anhydrous ammonia, ammonium nitrate and potassium nitrate. Again, all Colorado producers storing chemicals are urged to review the entire list. Facilities that possess chemicals of interest at or above the listed screening threshold quantities are required to complete the Top-Screen assessment by January 21, 2008, or within 60 calendar days of receiving the chemical. Once a facility fills out the assessment, DHS will decide whether the chemical poses enough of a terrorist risk that the facility's security measures should be regulated. Failure to comply with the regulation could result in a civil penalty of up to $25,000 per day or a closing order to the facility. On Dec. 21, 2007, the Department of Homeland Security issued a letter granting an extension for farmers and agricultural users until additional information could be gathered. DHS published the letter in a Federal Register notice on Jan. 9. No specific date for compliance is published in the notice or letter. For more information on the U.S. Department of Homeland Security's Chemical Facility Anti-Terrorism Standards, including a complete list of the chemicals of interest, visit www.dhs.gov/chemicalsecurity. If producers have questions, they can call 866-323-2957. Media is directed to call 202-282-8010. 1/28/08 Date: 1/23/08
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