The Department of Homeland Security (DHS) has notified agriculture associations and other interested organizations in a letter dated December 21, 2007, that it is granting a time extension for certain facilities required to submit information under federal chemical security regulations. In November, DHS published a final list of “chemicals of interest,” known as Appendix A (see “Chemical Security List Amended, but Could Still Affect Renderers” in the December 2007 Render). Any facility that possesses any chemical of interest at or above the screening threshold quantity specified in Appendix A was required to complete and submit information – called a “Top Screen” – to DHS by January 22, 2008. The extension of this deadline applies to all chemicals of interest, including propane on farms that may have quantities over the threshold, and has been confirmed to apply to rendering facilities. The extension was published in the January 9, 2008, Federal Register.
Assistant Secretary Robert Stephan indicated that DHS is taking this action to allow it to gather additional information on questions and issues that have been raised on the applicability of the Top Screen requirements to agricultural facilities and operations. He said in his letter that DHS is extending the deadline for submitting Top Screens under the following conditions:
1. Until further notice, or unless specifically notified in writing by DHS, the Top Screens will not be required for any facility that is required to submit a Top Screen solely because it possesses any chemical of interest, at or above the applicable screening threshold quantity, for use
(a) in preparation for the treatment of crops, feed, land, livestock (including poultry), or other areas of an agricultural production facility; or
(b) during application to or treatment of crops, feed, land, livestock (including poultry), or other areas of an agricultural production facility.
2. This extension applies to facilities such as farms (for example, crop, fruit, nut, and vegetables); ranches and rangeland; poultry, dairy, and equine facilities; turfgrass growers; golf courses; nurseries; floriculture operations; and public and private parks.
3. This extension does not apply to chemical distribution facilities or commercial chemical application services.
Questions about the extension can be e-mailed to Dennis Deziel, DHS Compliance Security Compliance Division, at dennis.deziel@dhs.gov, or call the Chemical Security Assessment Tool Help Desk at (866) 323-2957.
February 2008 Render