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    Subject Term: "Toxic chemicals"

    3 publications with a total of 7 open recommendations including 3 priority recommendations
    Director: Chris Currie
    Phone: (404) 679-1875

    2 open recommendations
    Recommendation: To ensure the accuracy of the data submitted by chemical facilities, the Secretary of Homeland Security should direct the Under Secretary for NPPD, the Assistant Secretary for the Office of Infrastructure Protection, and the Director of ISCD, in the interim, to identify potentially miscategorized facilities with the potential to cause the greatest harm and verify the Distance of Concern these facilities report is accurate.

    Agency: Department of Homeland Security
    Status: Open

    Comments: According to Infrastructure Security Compliance Division (ISCD) officials, as of November 2016 ISCD completed its assessment of all Top-Screens which reported threshold quantities of release-toxic chemicals of interest and identified 158 facilities with the potential to cause the greatest harm. ISCD contacted all 158 facilities and received revised Top-Screens from 101, according to ISCD officials. ISCD halted pursuit of revised Top-Screens from the remaining facilities during summer 2016 in anticipation of the pending release of CSAT 2.0, the Top-Screen application, which both eliminates the Distance of Concern question and will result in all remaining facilities being required to submit a new Top-Screen upon the activation of CSAT 2.0. CSAT 2.0 was activated October 1, 2016, and DHS sent a letter to each of the remaining facilities informing them of their obligation to submit a new top-screen, according to ISCD officials. ISCD is continuing to monitor the resolution of the remaining cases and expects to have assessed updated Top-Screens for all of them within the first or second quarter of 2017. We will update the status of this recommendation after additional information is received from DHS.
    Recommendation: In addition, to better manage compliance among high-risk chemical facilities and demonstrate program results, the Secretary of Homeland Security should direct the Under Secretary for NPPD, the Assistant Secretary for the Office of Infrastructure Protection, and the Director of ISCD to develop documented processes and procedures to track noncompliant facilities and ensure they implement planned measures as outlined in their approved site security plans.

    Agency: Department of Homeland Security
    Status: Open

    Comments: According to Infrastructure Security Compliance Division (ISCD) officials, ISCD is nearing finalization of the updated CFATS Inspection Standard Operating Procedure (SOP) and has made progress on the new CFATS Enforcement SOP. Once completed, expected in mid-2017, these two documents collectively will formally document the processes and procedures currently being used to track noncompliant facilities and ensure they implement planned measures as outlined in their approved site security plans, according to ISCD officials. We will update the status of this recommendation after additional information is received from DHS.
    Director: Caldwell, Stephen L
    Phone: (202) 512-9610

    2 open recommendations
    Recommendation: To better assess risk associated with facilities that use, process, or store chemicals of interest consistent with the NIPP and the CFATS rule, the Secretary of Homeland Security should direct the Under Secretary for National Protection and Programs Directorate (NPPD), the Assistant Secretary for NIPP's Office of Infrastructure Protection (IP), and Director of ISCD to develop a plan, with timeframes and milestones, that incorporates the results of the various efforts to fully address each of the components of risk and take associated actions where appropriate to enhance ISCD's risk assessment approach consistent with the NIPP and the CFATS rule.

    Agency: Department of Homeland Security
    Status: Open

    Comments: According to Infrastructure Security Compliance Division (ISCD) officials, they completed development of an updated tiering methodology, which incorporates improvements based on recommendations from both the external peer review of the tiering methodology and a Sandia National Laboratory (Sandia) report on economic consequences, which was submitted to the Department in the first quarter of fiscal year (FY) 2015. Additionally, according to the officials, DHS continued hosting meetings of an external experts panel consisting of representatives from other Federal agencies and the chemical and oil and natural gas industries, who have met repeatedly to review and provide input on the proposed improvements to the Chemical Facility Anti-Terrorism Standards (CFATS) tiering methodology. As noted in the tiering methodology improvement plan previously provided by the Department to GAO, the ISCD is having external entities validate and verify the updated methodology before deployment. To that end, the Homeland Security Studies and Analysis Institute (HSSAI) has reviewed and provided findings and recommendations on all parts of the updated tiering engine. Additionally, Sandia has been conducting component testing of the tiering engine as it is being updated and, beginning in January 2016, Sandia will conduct end-to-end testing of the engine. Concurrent with these efforts, ISCD has been updating the Chemical Security Assessment Tool (CSAT) applications which currently support the collection of the data used by the CFATS tiering methodology (i.e., Top-Screen, Security Vulnerability Assessment). According to the officials, deployment of these new applications cannot occur until the DHS's Information Collection Request (ICR) is approved by the White House's Office of Management and Budget (OMB), which the Department anticipates submitting to OMB in the third quarter of fiscal year 2016. We will update the status of this recommendation after additional information is received from DHS. Status as of January 20, 2016.
    Recommendation: To better assess risk associated with facilities that use, process, or store chemicals of interest consistent with the NIPP and the CFATS rule, the Secretary of Homeland Security should direct the Under Secretary for NPPD, the Assistant Secretary for IP, and Director of ISCD to conduct an independent peer review, after ISCD completes enhancements to its risk assessment approach, that fully validates and verifies ISCD's risk assessment approach consistent with the recommendations of the National Research Council of the National Academies.

    Agency: Department of Homeland Security
    Status: Open

    Comments: According to Infrastructure Security Compliance Division (ISCD) officials, the updated CFATS risk-based tiering methodology has been developed and portions of it are undergoing independent review from both HSSAI and Sandia. An independent verification and validation of the updated tiering methodology is scheduled to be conducted by Sandia beginning in January 2016. We will update the status of this recommendation after additional information is received from DHS. Status as of January 20, 2016.
    Director: Trimble, David C
    Phone: (202) 512-3841

    3 open recommendations
    including 3 priority recommendations
    Recommendation: To better position EPA to collect chemical toxicity and exposure-related data and ensure chemical safety under existing TSCA authority, while balancing its workload, the Administrator of EPA should consider promulgating a rule under TSCA section 8, or take action under another section, as appropriate, to require chemical companies to report chemical toxicity and exposure-related data they have submitted to the European Chemicals Agency.

    Agency: Environmental Protection Agency
    Status: Open
    Priority recommendation

    Comments: As of July 2017, EPA is better positioned to take action to require chemical companies to report chemical toxicity and exposure-related data submitted to the European Chemicals Agency due to passage of the new TSCA law, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Since the law was signed by the President on June 22, 2016, EPA finalized a rule to establish the agency's process for evaluating high priority chemicals to determine whether or not they present an unreasonable risk to health or the environment and finalized a rule to require industry reporting of chemicals manufactured or processed in the US over the past 10 years. However, EPA has not yet carried out actions consistent with the substance of our recommendation. Once EPA has carried out such actions, we will reassess the status of this open recommendation.
    Recommendation: To better position EPA to collect chemical toxicity and exposure-related data and ensure chemical safety under existing TSCA authority, while balancing its workload, the Administrator of EPA should consider promulgating a rule under TSCA section 8, or take action under another section, as appropriate, to require chemical companies to report exposure-related data from processors to EPA.

    Agency: Environmental Protection Agency
    Status: Open
    Priority recommendation

    Comments: As of July 2017, EPA is better positioned to take action to require chemical companies to report exposure-related data from processors to EPA due to passage of the new TSCA law, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Since the law was signed by the President on June 22, 2016, EPA has completed some implementation activities, including finalizing a rule to require industry reporting of chemicals manufactured or processed in the US over the past 10 years. However, EPA has not yet carried out actions consistent with the substance of our open recommendation. Once EPA has carried out such actions, we will reassess the status of this open recommendation.
    Recommendation: To better position EPA to collect chemical toxicity and exposure-related data and ensure chemical safety under existing TSCA authority, while balancing its workload, and to better position EPA to ensure chemical safety under existing TSCA authority, the Administrator of EPA should direct the appropriate offices to develop strategies for addressing challenges that impede the agency's ability to meet its goal of ensuring chemical safety. At a minimum, the strategies should address challenges associated with: (1) obtaining toxicity and exposure data needed to conduct ongoing and future TSCA Work Plan risk assessments, (2) gaining access to toxicity and exposure data provided to the European Chemicals Agency, (3) working with processors and processor associations to obtain exposure-related data, (4) banning or limiting the use of chemicals under section 6 of TSCA and planned actions for overcoming these challenges--including a description of other actions the agency plans to pursue in lieu of banning or limiting the use of chemicals, and (5) identifying the resources needed to conduct risk assessments and implement risk management decisions in order to meet its goal of ensuring chemical safety.

    Agency: Environmental Protection Agency
    Status: Open
    Priority recommendation

    Comments: As of July 2017, EPA is better positioned to take action to require chemical companies to report chemical toxicity and exposure data, analyze the data, take necessary actions, and identify the resources needed for evaluating and managing risk to ensure chemical safety due to passage of the new TSCA law, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Since the new law was signed by the President on June 22, 2016, EPA finalized a rule to establish the agency's process for evaluating high priority chemicals to determine whether or not they present an unreasonable risk to health or the environment and finalized a rule to require industry reporting of chemicals manufactured or processed in the U.S. over the past 10 years. However, EPA has not yet carried out actions consistent with the substance of our recommendation, including actually obtaining the data necessary to make risk-informed regulatory decisions, and then making those decisions as appropriate. Once EPA has carried out such actions, we will reassess the status of this open recommendation.