<b>By TIM THORNBERRY<br>
Kentucky Correspondent</b> </p><p>

LEXINGTON, Ky. — Soon some state farmers may have to register their use of certain chemicals with the U.S. Department of Homeland Security (DHS) as part of the regulations contained in the Department of Homeland Security Appropriations Act of 2007.</p><p>
Last month the DHS released a list of chemicals of concern, known as “Appendix A” of the Chemical Facility Anti-Terrorism Standards (CFATS), which includes such chemicals as ammonium nitrate, anhydrous ammonia, potassium nitrate and sodium nitrate. In the event farmers are using these in their operations, they will need to register with DHS and complete what’s known as a “Top-Screen” assessment by Jan. 21.</p><p>
A release issued by the DHS stated that, “Using the information gathered through the Top-Screen, the department will be better able to make a preliminary determination as to whether a facility presents a high level of security risk and whether it will be required to comply with the substantive requirements of CFATS.”</p><p>
The release also stated, “To determine the type and quantity of chemicals that will be subject to the preliminary screening process, DHS examined the following three security issues: release – quantities of toxic, flammable or explosive chemicals that have the potential to create significant adverse consequences for human life or health if intentionally released or detonated; theft and diversion – chemicals that have the potential, if stolen or diverted, to be used or converted into weapons; and sabotage and contamination – chemicals that, if mixed with other readily available materials, have the potential to create significant adverse consequences for human life or health.”</p><p>
“The publication of Appendix A is a critical piece of the federal effort to increase security at high-risk facilities, making it less likely that terrorists can use dangerous chemicals in attacks,” said Homeland Security Secretary Michael Chertoff. “The chemical security Interim Final Rule defined how the department will implement this substantial new authority given by Congress. With the release of Appendix A, we continue the process of minimizing a significant threat to better ensure the security of American citizens.”</p><p>
The regulations refer to facilities where chemicals are stored or processed but would also include individuals who possess the chemicals as well and non-compliance with the regulations carries a stiff fine according to Greg Schwab, University of Kentucky College of Agriculture extension soils specialist.</p><p>
“Fines could be as much as $25,000 per day so we don’t expect anyone to just blow this off. We started getting the word out with county Extension agents when the rules were being considered,” he said.</p><p>
A section of the act authorizes DHS to require high-risk chemical facilities to complete security vulnerability assessments, develop site security plans, and implement risk-based measures designed to satisfy DHS-defined risk-based performance standards.</p><p>
The act also authorized DHS to enforce compliance with the security regulations, including conducting audits and inspections of high-risk facilities in addition to leveling fines.</p><p>
Many of the chemicals listed are normally used locally for fertilizer or insecticides and the regulations are precautionary measures.
“After farmers register and complete the Top-Screen assessment, DHS will notify them if the farmer is considered ‘high risk’ and let them know if any additional requirements need to be met,” said Schwab. “Unfortunately, because of the very low threshold quantities, many Kentucky farmers and most agriculture retailers are required to complete this Top-Screen assessment.”</p><p>
Schwab added that farmers who do not currently have these materials, but take a delivery at a later date, have 60 days from the day of delivery to register.</p><p>
“Also if someone is registered, and then they increase the quantity of materials they possess - above the amount they told DHS in the original Top-Screen - they have 60 days to update their information,” he said.</p><p>
Schwab emphasized that part of the need for the regulations is to know where these types of chemicals are located.</p><p>
“I personally feel better knowing where these chemicals are going. Because of the age we live in, we have to do this.” said Schwab.
“All of the rules revolve around possession of the chemicals.
“So if a farmer has the fertilizer retailer custom apply their fertilizer, only the custom applicator needs to be registered.”</p><p>
A partial list of common agricultural chemicals and quantities specified in Appendix A includes: Ammonium Nitrate Fertilizer – 2,000 pounds in a shipping package (bags, truck, fertilizer buggies – basically anything except bulk storage); Anhydrous Ammonia – 10,000 pounds total (Add all quantities in nurse tanks and bulk tanks to get possession quantity); Potassium Nitrate – 400 pounds in a shipping package; Sodium Nitrate – 400 pounds in a shipping package; some common fumigants and insecticides. (Check Appendix A for specifics); and Propane – 60,000 lbs (not counting tanks 10,000 pounds or less).</p><p>
Farmers or agricultural retailers who meet any one of the criteria should log onto the DHS web page at www.dhs.gov/ </p><p>xprevprot/programs/gc_116950 1486197.shtm and complete the Chemical Security Assessment Tool.</p><p>
For more information about the DHS’ Chemical Facility Anti-Terrorism Standards visit the DHS website at www.dhs.gov/chemicalsecurity or call the CSAT Helpline at 866-323-2957 from 7 a.m. to 7 p.m., EST, Monday through Friday.</p><p>