On a daily basis, Cornerstone staff wades through the government regulations from OSHA and EPA that govern the processes and protocols at our industrial clients’ facilities.  However, for some regulations that involve the Department of Homeland Security (DHS), this can expand to a whole new level.  In a recent interview with Senior Environmental Engineer, Drew McClay, we talked about the intricacies of steering our clients through this process. Ann Germann (AG):  What general types of industries have DHS oversite? Drew McClay (DM):  It isn’t really about any one type of industry.  Almost any facility that stores certain chemicals with specific quantities can be subject to DHS regulations. Most frequently, Cornerstone sees it with our clients that manufacture consumer sanitizing disinfectants; car care products, like soaps and waxes; electroplating operations; and a variety of light and heavy industry facilities. Really it could be any company, though it is certainly more likely in operations with an extensive variety of process chemicals. Our clients often wonder if the consumer products that they use on-site, such as maintenance products, are subject to DHS regulations.  I tell them that the products usually aren’t a problem, but if the consumer product is manufactured at that facility, one or more of the ingredients may be on the DHS Chemicals of Interest (COI) list.  For example, hydrogen peroxide is a common industrial chemical used to make a variety of commercial products.  It is not until you reach 400 pounds in a strong concentration that it becomes reportable to DHS. Having a regular bottle of a household cleaning product on your maintenance staff’s cleaning cart is not a problem.  Being the manufacturer of thousands of those bottles a day is where DHS requirements might be applicable. I always encourage chemical-using companies to review the DHS website for the Chemical Facility Anti-Terrorism Standards (CFATS) and the list of Chemicals of Interest (COIs).  Then they can look at the Safety Data Sheet (SDS) for that chemical and see if theirs is a regulated concentration. Of course, I also encourage them to sign up for Cornerstone’s FOUNDATION SDS Management and Chemical Inventory Software service.  One of its many reports is a DHS candidate list review to see if they have any reportable chemicals. AG: Why does DHS get involved in certain projects?  What is the risk? DM: The risk is that, in specific quantities, these chemicals have the potential to cause extensive damage to the surrounding population. Essentially, they are chemicals that can be used to make explosives and chemical weapons or are by themselves already potentially dangerous. AG: What is the process if we find a client must report to DHS? DM: If we identify a COI above threshold, the second step is to submit a Top Screen. Our DHS CVI certified staff, work with facility personnel to enter the necessary information into the agency’s online system and input the required information. After looking at the type of chemical and the quantity, CFATS takes into account three elements:

• Vulnerability to a terrorist attack

• Potential consequences of an attack
• Level of threat of a terrorist attack

  DHS reviews the data and ranks you in one of their four tiers. Tier 1 is the highest risk and Tier 4 is low risk. Your tier determines the requirements that are applicable to your operation, but all tiered sites must complete a Site Vulnerability Assessment and Site Security Plan (SVA/SSP). AG:  You said that our “certified staff” needed to do this.  What did you have to go through to become certified to handle this type of project? DM: To get into the DHS system for top screens or SVA/SSP, we went through DHS’s Chemical-terrorism Vulnerability Information (CVI) training and passed an exam.  Both Kevin Mallin and I are certified for Cornerstone and have CVI identification numbers.  We then keep refreshed by regularly reviewing the standards and processes, as well as, receiving update notices from DHS. When we are handling documents for these projects, we must ensure that the information is only handled by CVI trained people in our office and in the client’s.  With each person we share a controlled document or grant folder access, we are required to exchange ID numbers to ensure confidentiality. We also use secure folders and password protection. AG:  So, if a facility is identified as a “high risk” facility by DHS, what are the next steps? DM: It depends on their current operations, but some common things that DHS requires are:

• increasing security, including cybersecurity by hiring an IT specialist or an outside IT consultant with cybersecurity experience
• requiring high-level background checks for employees – not just criminal background but also known or suspected terrorist ties
• training for staff on
  • chemical handling
  • identify suspicious activity
• assigning a site security officer and site cyber security officer
• establishing a chain of reporting for suspicious activity that would include identifying what types of activity would require the site to report to report to DHS
• setting up incident response procedures
• installing alarm or camera systems
• installing fencing or more secure fencing, such as going from chain link to barbed wire

  All of these tasks can be expensive and time-consuming for the facility. AG: Is it possible to help a company modify their operations to avoid being tiered? DM: I do have a good example of a client that we helped identify chemicals of concern so they could make changes in their operations to eliminate those. They requested that we review their chemicals and assist with determining if a Top Screen was required. Since the client was already a FOUNDATION client, we had all their chemical inventory including quantity stored. After review, we determined that two products were on-site in quantities that exceeded their respective thresholds. The EHS manager determined that one of the chemicals had been eliminated from their processes previously, but they hadn’t updated their data. The other was still used and stored in quantities exceeding thresholds. They decided to change their processes to reduce their storage amounts. I resubmitted their Top Screen and DHS determined they were no longer high risk and therefore no longer tiered. Contact Cornerstone Does your facility need a review to determine DHS regulatory applicability?  Contact Cornerstone at info@corner-enviro.com or (317) 733-2637.