Department of Homeland Security Chemical Facility and Anti-Terrorism Standards

Attention Colorado Agriculture Producers:

We would like to call your attention to a new, federal rule set forth by the Department of Homeland Security, which may affect many of you. The Department of Homeland Security (DHS) has reviewed and compiled a list of chemicals that they feel could potentially be used in terrorist activities. As a result, DHS has issued Chemical Facility and Anti-Terrorism Standards (CFATS) that affects any facility that manufactures, uses, stores or distributes chemicals that appear on this list. The list includes certain chemicals, fumigants and agricultural fertilizers, when stored above a specified quantity or threshold.

Steve Blunt
Fertilizer Program Administrator

Is this now a law?

The CFATS was published in the Federal Register on Nov 20, 2007 and therefore it has now become law. Any failure to comply with this regulation could result in a civil penalty of up to $25,000 per day or a closing order to the facility.

On December 21, 2007, the Department of Homeland Security issued a letter granting an extension for farms (e.g., crop fruit, nut, and vegetable); ranches and rangeland; poultry, dairy, and equine facilities; turf grass growers; golf courses; nurseries; floricultural operations; and public and private parks and agricultural users until additional information could be gathered. DHS published the letter in a Federal Register notice on January 9. No specific date for compliance is published in the notice or letter. Click here for the DHS Notice.

How will you know if the CFATS applies to you?

The list of regulated chemicals is referred to as Appendix A and can be viewed in its entirety at www.dhs.gov/chemicalsecurity. There appears to be only a handful of materials listed that will affect Pesticide Applicators and Fertilizers but you are urged to read the entire list. If you see a chemical that may apply to you, you will need to read the rest of the rule, not just Appendix A.

What materials are on the list that might apply?

Materials include chlorine and bromine; fumigants such as aluminum phosphide and phosphine which might be used for burrowing animal control and fumigation of other materials; and the plant growth regulators that contain ethylene and ethylene oxide. There are other chemicals found in fertilizers that are also listed in Appendix A. These include anhydrous ammonia, ammonium nitrate and potassium nitrate.

However - All chemical distributors, producers and pesticide applicators storing chemicals in Colorado are encouraged to review the entire list.

What do I have to do?

Facilities that possess chemicals of interest at or above the threshold quantities listed on Appendix A and meet the conditions described in the rule are required to complete a 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. The Top Screen forms and materials can be accessed at https://www.dhs.gov/chemical-security-assessment-tool.

If I have further questions?

If you have any questions please feel free to contact us at the Colorado Department of Agriculture or access the Department of Homeland Security website www.dhs.gov/chemicalsecurity regarding this issue or you may call the Department of Homeland Securities' CSAT Helpline at 866-323-2957 from 7:00 a.m. - 7:00 p.m., Eastern Time, Monday-Friday.

Colorado Department of Agriculture Pesticide Applicator Deptartment

Applicator Licensing (303) 869-9066
Applicator Testing (303) 869-9065
Enforcement(303) 869-9058 or (303) 869-9059

Colorado Department of Agriculture Fertilizer Program

Fertilizer Registration (303) 477-0086
Inspection (303) 477-0293