Texas CFATS for Energy and Utilities: A Regional Guide

 

The Chemical Facility Anti-Terrorism Standards (CFATS) in Texas has specific implications for energy and utility companies operating within the state. Texas, with its vast energy infrastructure and numerous chemical facilities supporting the sector, faces unique security challenges that the CFATS program addresses.

 

What is CFATS in Texas?

 

CFATS is a federal regulatory program administered by the Department of Homeland Security (DHS) that identifies and regulates high-risk chemical facilities to ensure they have security measures in place to reduce the risk of these chemicals being weaponized. In Texas, this program has distinct characteristics due to the state's:

• Concentration of energy infrastructure including refineries, natural gas facilities, and power generation plants
• Unique position as the nation's energy leader with the largest petroleum refining capacity in the US
• Vulnerability to both natural disasters (hurricanes, floods) and potential terrorist threats
• Critical role in national energy security with interconnections to multiple interstate pipeline systems

 

Texas Energy/Utilities CFATS Specifics

 

In Texas, energy and utility facilities face specific CFATS requirements based on regional factors:

• Gulf Coast Requirements: Facilities along the Texas Gulf Coast must implement additional security measures due to hurricane vulnerabilities and high concentration of critical infrastructure
• ERCOT Coordination: Power plants must coordinate CFATS compliance with Electric Reliability Council of Texas (ERCOT) requirements
• Cross-Border Considerations: Facilities near the Mexico border face additional security screening requirements
• Chemical of Interest (COI) Focus: Special attention to chemicals commonly used in Texas energy production like chlorine (water treatment), anhydrous ammonia, and propane

 

How CFATS Works for Texas Energy Companies

 

The CFATS process for Texas energy and utility companies follows these steps:

1. Top-Screen Submission: Texas facilities must report if they possess any chemicals of interest (COIs) above threshold quantities
2. Risk Tiering: DHS assigns a risk tier (1-4, with 1 being highest risk) based on factors including proximity to population centers, hurricane zones, and critical infrastructure
3. Security Vulnerability Assessment (SVA): High-risk facilities must analyze vulnerabilities specific to Texas threats, including extreme weather disruptions
4. Site Security Plan (SSP): Develop and implement security measures that address Texas-specific concerns
5. DHS Inspection: Regular compliance inspections by DHS officials familiar with Texas energy sector challenges

 

Key Chemicals of Interest for Texas Energy/Utilities

 

Texas energy and utility facilities commonly work with these regulated chemicals:

• Chlorine and Sulfur Dioxide: Used in water treatment at power plants
• Anhydrous Ammonia: Used in emissions control systems at coal-fired plants
• Propane and Butane: Common in natural gas processing
• Hydrogen Fluoride: Used in refinery alkylation units concentrated in East Texas
• Methane/Natural Gas: While not a listed chemical, security of related infrastructure falls under CFATS when other COIs are present

 

Required Security Measures

 

Texas energy facilities must implement security measures including:

• Perimeter Security: Enhanced fencing, lighting, and barriers appropriate for Texas terrain and weather conditions
• Access Controls: Personnel identification systems integrated with other Texas critical infrastructure security programs
• Cybersecurity: Protections against threats to industrial control systems, coordinated with ERCOT security standards
• Hurricane Preparedness: Specific measures for securing chemicals during evacuation orders and extreme weather
• Personnel Surety: Background checks for employees with access to critical areas
• Emergency Response: Coordination with Texas Division of Emergency Management and local response agencies

 

Texas-Specific Compliance Challenges

 

Energy and utility companies in Texas face unique CFATS compliance challenges:

• Grid Interconnection: Coordinating security with multiple entities connected to the Texas power grid
• Regulatory Overlap: Navigating both Railroad Commission of Texas requirements and federal CFATS regulations
• Remote Facilities: Securing isolated facilities in West Texas and rural areas
• Extreme Weather Planning: Developing security protocols that remain effective during floods, hurricanes, and extreme temperature events
• Rapid Industry Growth: Maintaining compliance amid Texas' expanding energy infrastructure

 

Compliance Resources for Texas Facilities

 

Texas energy and utility companies can access specialized resources:

• Texas CFATS Assistance Program: State-level guidance for CFATS compliance specific to energy sector
• Regional DHS Offices: Located in Houston, Dallas, and San Antonio providing local support
• Texas Chemical Council: Industry association offering CFATS compliance assistance
• TEEX Training: Texas A&M Engineering Extension Service offers specialized security training
• Public-Private Partnerships: Information sharing through Energy Reliability Council and Houston Ship Channel Security District

 

Penalties for Non-Compliance in Texas

 

Facilities that fail to comply with CFATS face serious consequences:

• Federal Penalties: Up to $25,000 per day for violation
• Facility Shutdown: DHS authority to shut down non-compliant facilities
• Additional Texas Penalties: Possible state-level enforcement through Texas Commission on Environmental Quality
• Liability Exposure: Heightened legal risk given Texas' population density near industrial areas

 

Recent Developments for Texas CFATS

 

Recent changes affecting Texas energy/utility facilities include:

• Post-Winter Storm Uri Requirements: Enhanced security for critical infrastructure following 2021 grid failure
• Increased Cybersecurity Focus: Greater emphasis on protecting against cyber threats to operational technology
• Regional Compliance Assistance: Expanded resources through Gulf Coast CFATS coordination group
• Texas-Mexico Border Security: Additional measures for facilities in border regions
• Climate Adaptation: New guidance on maintaining security during increasingly extreme weather events

 

Getting Started with CFATS Compliance

 

For Texas energy and utility companies new to CFATS, follow these steps:

• Inventory Assessment: Determine if your facility possesses any Chemicals of Interest above threshold quantities
• Register with CSAT: Access the Chemical Security Assessment Tool through DHS
• Submit Top-Screen: Complete the initial screening process
• Consult Texas Resources: Contact the Texas CFATS Assistance Program for state-specific guidance
• Develop Compliance Strategy: Create a roadmap for meeting both federal requirements and Texas-specific considerations