Today, CISA’s Office of Chemical Security (OCS) updated the
responses to one of the Frequently Asked Questions (FAQ) on the Chemical Facility
Anti-Terrorism Standards (CFATS) Knowledge
Center. The revision updates the civil penalty that may be assessed under
the CFATS program.
NOTE: The link provided for the FAQ in this post was copied
from the CFATS Knowledge Center but may not work when followed from your
machine. This is an artifact of that web site. If the links do not take you to
the referenced FAQ, you will have to use the ‘Advanced Search’ function on the
page to link to the FAQ or download the ‘All FAQs’ document at the bottom of
the ‘Advanced Search’ page.
The new version of the FAQ response lists the maximum fine
that the Department may assess as $38,139 for each day the violation continues.
This is an increase from the $35,486 quoted in the previous version of the FAQ
response. This was increased by a DHS final rule published
on January 11th, 2022. The CISA portion of
that rule set the new maximum level for the CFATS program.