The Department of Homeland Security (DHS), under the 2007 Chemical Facility Anti-Terrorism Standards (CFATS), is to identify, assess, and ensure effective security at high-risk chemical facilities. The DHS has published the list of regulated chemicals and their screening threshold quantities in Appendix A of CFATS, DHS Chemicals of Interest. Any facility that possesses or plans to possess any of the chemicals listed in Appendix A at or above the screening threshold quantity must register with DHS and complete an online assessment tool, known as a Top-Screen. From this initial assessment, the DHS will then determine whether the facility presents a high level of security risk and is to prepare a site security plan. Not all facilities who complete the Top Screen will be subject to further regulation by DHS. For more information about this new regulation and to view the list of regulated chemicals, go to the DHS web sit at www.dhs.gov/chemicalsecurity

 

Questions were raised about the applicability of the Top Screen requirement for agricultural facilities. As a result, the DHS has extended the deadline for submitting a Top Screen indefinitely and, until further notice, will not require a Top Screen assessment for agricultural operations involved in the preparation of treatment or application to crops, feed, land, livestock, or other areas of an agricultural production facility. This extension applies to farms; ranches and rangeland; poultry, dairy, and equine facilities; turfgrass growers; golf courses; nurseries; floricultural operations; and public and private parks. The DHS may review its approach towards Chemicals of Interest used in agricultural operations following the recent passage of the Appropriations Act of 2008 which authorizes DHS to regulate the sale and transfer of ammonium nitrate. The implication of this law will, undoubtedly, affect many farmers and other agricultural operations.

 

The above extension for a Top Screen assessment given to farmers and other agricultural operations doesn’t include the entire agricultural industry. Chemical manufacturers, chemical distribution facilities, and commercial chemical application services are still subject to all of the DHS’s rule. For such facilities, the deadline to submit the Top Screen assessment is January 22, 2008, 60 days after Appendix A was published in the Federal Register. The biggest impact to agriculture will be propane and anhydrous ammonia, each with a screening threshold quantity that will be met by all co-ops. Business managers may call the DHS Help Desk at 866-323-2957 for information and assistance.

 

The pesticide products listed below are included on the Chemicals of Interest list and are registered for use in Wisconsin, but only aluminum and magnesium phosphide (fumigants used in grain storage) may have any significance in Wisconsin’s agriculture. Other listed pesticides (bromine, bromine chloride, ethylene oxide) are mostly used in other industries. On the other hand, several major crop nutrient products are included (28% nitrogen, anhydrous ammonia, ammonium nitrate, potassium nitrate, sodium nitrate, etc.).

 

Aluminum Phosphide (20859-73-8)

Acrolein (107-02-8)

Dimethylamine (124-40-3)

Formaldehyde (50-00-0)

Magnesium phosphide (12057-74-8)

Sodium chlorate (7775-09-9)