ARLINGTON, VA (Aug. 7, 2023) —The Chemical Facility An Terrorism Standards (CFATS) program (6 CFR Part 27) expired as of July 28, 2023, when Congress failed to authorize the program’s extension.
As a result, CISA cannot enforce compliance with the CFATS regulations at this time. Further, access to the Chemical Security Assessment Tool (CSAT) 2.0 has been disabled, and users cannot log in to the portal. Consequently, CISA can no longer require facilities to report their chemicals of interest or submit any information in CSAT, perform inspections, or provide CFATS compliance assistance. Additionally, CISA can no longer require facilities to implement their CFATS Site Security Plan or Alternative Security Program. CISA also cannot accept new names for vetting pursuant to the CFATS Personnel Surety Program.
“Since its inception, CFATS has had widespread industry support, including among agricultural retailers, members of the U.S. fertilizer supply chain, and ResponsibleAg participants,” says ResponsibleAg Chair Gary Vogen, vice president of corporate and regulatory affairs for Yara North America, Inc. “CFATS facilitates and increases the safety and security of facilities for employees and communities, and that’s positive for the industry as a whole.”
ResponsibleAg and its members have helped to shape and improve CFATS throughout its existence. Therefore, the ResponsibleAg Board of Directors encourages companies and customers to remain diligent in their compliance with the terms of the regulation — regardless of its enforcement. Further, the Responsible Ag Audit will not change, and areas of the audit pertaining to CFATS will continue to be evaluated as though they are in full force.
ResponsibleAg participants should remain diligent during this period. Continue to report suspicious activities to local law enforcement. If CFATS is reauthorized, CISA will follow up with your facility in the future.
