CFAT Impacts on EPCRA and RMP

The Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards (CFATS) impose comprehensive federal security regulations for high-risk chemical facilities. Do the CFATS alter the requirements that apply to a facility covered under both CFATS and either EPCRA or the CAA §112(r) (i.e., the risk management program)?

Nothing in the CFATS is intended to displace other federal requirements administered by EPA, the Department of Justice, the Department of Labor, the Department of Transportation, or other federal agencies (6 CFR §27.405(a)(1)). Although the CFATS contain requirements for the protection and disclosure of chemical-terrorism vulnerability information (CVI), information required to be submitted under other statutory regimes, including EPCRA and the risk management program, is not considered CVI when submitted under those regimes. Therefore, nothing in the CFATS alters the requirements that apply to a facility covered under both CFATS and either EPCRA or the risk management program.