State Code 21 Hazardous Chemical Facilities

[Narcisa Flierl]

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As of July 28, 2023, Congress allowed the statutory authority for the Chemical Facility Anti-Terrorism Standards (CFATS) program (6 CFR Part 27) to expire. Therefore, CISA cannot enforce compliance with the CFATS regulations at this time.

The lapse of CFATS authorization means that CISA cannot require facilities to report their chemicals of interest or submit any information in CSAT, perform inspections, or provide CFATS compliance assistance, amongst other activities. CISA can no longer require facilities to implement their CFATS Site Security Plan or CFATS Alternative Security Program.

Bottom line: CISA cannot ensure that chemical facilities are mitigating the terrorist exploitation of chemical holdings. Without CFATS, our tools to lessen the risk of such an attack are now limited. With the expiration of CFATS authorities, we have lost vital safeguards that were created to protect Americans from incidents of chemical terrorism.

CFATS is the nation's first regulatory program focused specifically on security at high-risk chemical facilities. Managed by the Cybersecurity and Infrastructure Security Agency (CISA), the CFATS program identifies and regulates high-risk facilities to ensure security measures are in place to reduce the risk that certain dangerous chemicals are weaponized by terrorists.

Under CFATS, a chemical facility is any establishment or individual that possesses or plans to possess any of the more than 300 chemicals of interest (COI) in Appendix A at or above the listed screening threshold quantity (STQ) and concentration. These facilities must report their chemicals to CISA via an online survey, known as a Top-Screen. CISA uses the Top-Screen information a facility submits to determine if the facility is considered high-risk and must develop a security plan. Learn more on the CFATS process webpage.

The CFATS regulation applies to facilities across many industries - chemical manufacturing, storage and distribution, energy and utilities, agriculture and food, explosives, mining, electronics, plastics, colleges and universities, laboratories, paint and coatings, and healthcare and pharmaceuticals, among others.

Learn more about CVI, the information protection regime administered under the CFATS regulation to ensure that information chemical facilities provide to CISA is protected from public disclosure or misuse.

Learn more about how CISA is working with other federal agencies and state and local officials to improve the security and safety of chemical facilities and reduce the risks of hazardous chemicals to workers and communities.

Safe storage, handling and transfer of hazardous materials is key to reducing chemical accidents and dangerous mixtures of incompatible materials. Close storage of incompatible chemicals could create a risk of fire, explosion, or release of toxic gases and fumes. Storage locations should be according to fire code, have proper fire protection and are structurally appropriate.

The Emergency Planning and Community Right to Know Act (EPCRA) and Risk Management Program (RMP) General Duty Clause requires owners and operators of facilities that have any extremely hazardous substances to manage their chemicals safely and develop safety precaution such as instituting maintenance, monitoring, and employee training.

Persons conducting a business or undertaking (PCBUs) have a duty to eliminate or reduce, so far as is reasonably practicable, risk to public safety from hazardous chemicals. Appropriately locating and designing a facility can significantly reduce the risks to community.

Workplace Health and Safety Queensland (WHSQ) advises planning authorities on the appropriate location of hazardous chemical facilities and other significant chemical stores to help reduce risk to the public. WHSQ is a technical referral agency under the Planning Act 2016 for hazardous chemical facilities (HCF), and advises planning authorities on appropriate conditions (if any), and acts to enforce those conditions.

A HCF is the use of a premises for a facility at which a prescribed hazardous chemical is present or likely to be present in a quantity that exceeds 10 per cent of the chemical's threshold quantity under the Work Health and Safety Regulation 2011, Schedule 15. This is the same criteria used to determine a major hazard facility, under the Work Health and Safety Act 2011.

The development will be assessed against the criteria in the Planning guideline State code 21 (PDF, 0.33 MB) . Applicants should refer to the Planning guideline State code 21 and seek a pre-lodgement meeting.

We deeply acknowledge and pay respect to all Aboriginal and Torres Strait Islander peoples, and their Elders past and present. We thank the Traditional Custodians of Country throughout Australia for their ongoing custodianship of land, waters, culture and community.

At this time, EPA is not aware of any tribes that are implementing the hazardous chemical inventory reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) sections 311-312. If your facility is on tribal lands, please contact your state and tribe to determine your reporting requirements.

There are two state required fields: 1) Master ID #, and 2) Valid email address for proof of receipt. Please see the above webpage for additional information. Please note: Master ID requests can take 7-14 business days to be processed. ADEM is not liable for late reports due to late Master ID requests.

Special Instructions: Arkansas is requesting facilities to use Tier2 Submit and submit electronically. Download the latest version of Tier2 Submit (EPA site). See the Arkansas Division of Emergency Management website for specific reporting details - -management/adem/plan-prepare/tier-ii/tier-ii-reporting-community-right-to-know/tier-ii-reporting-assistance.

Tier II Administration: California Emergency Management Agency

Phone Contacts: See the Unified Program Staff page.

Special Instructions: Submissions are made electronically via the California Environmental Reporting System (CERS).

Colorado has instituted a single-point submission process for Tier II reporting. Facilities are not required to provide the same report to the local emergency planning committee (LEPC) or the local fire department unless those agencies maintain local reporting requirements. Please check with your LEPC and fire district to determine if direct Tier II reporting to their agency is required. Tier II data submitted to the state will be distributed to the LEPCs and local fire districts.

Special Instructions: The Connecticut Department of Energy and Environmental Protection (CT DEEP) manages EPCRA data for the Connecticut State Emergency Response Commission. CT DEEP uses the online Hazconnect Tier II Manager system and also accepts EPA's Tier2 Submit electronic file submissions via email attachment to DEEP.C...@ct.gov. Refer to the SERC Website for specific reporting details. Facilities are still required to submit reports directly to their Local Emergency Planning Committee and fire department.

A state issued facility ID number is required for anyone doing business in Hawaii. Reporting facilities should know their ID number. If this is the first Tier II filing, please contact the phone number or email above.

Special Instructions: Illinois is requiring facilities to use the Tier II Manager On-Line Filing System. Only Tier II Manager submissions will be accepted. Please see the Illinois web site for further details - -tier2.html

Special Instructions: Tier II reports and fees are due annually by March 1. Kentucky facilities must submit their EPCRA section 312 reports, corrections, updates, and payments using the Hazconnect online reporting system:

Submission of the Tier II report form by facilities that meet the reporting requirements established under Section 312 of SARA Title III is required. Specifically, facilities are required to report their possession of Extremely Hazardous Substances (EHS) stored at 500 pounds or the Threshold Planning Quantity (TPQ), whichever is less. In addition, facilities must report any hazardous chemical for which a Safety Data Sheet (SDS) is required under the OSHA Hazard Communication Standard, and which is stored in the amount of 10,000 pounds or more. For more information on the list of EHS and their TPQ, or to obtain more information on the reporting requirements, please review the information available on the Kentucky Emergency Response Commission website at

Special Instructions: Louisiana requires facilities to submit electronic inventory reports using the Louisiana State Police Tier II Inventory Filing website. Louisiana does not accept submissions from Tier II Submit, Tier II Manager, or E-Plan. Please visit the LA Tier II Guidance Documents website for more information. Additional information on submissions can be found here: _Filing_Instructions.pdf

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