University Facilities

Environment, Health & Safety Services

CHEMICAL SAFETY

Managing Your Hazardous Waste
ChemicalStorage & Compatibility
ChemicalCompatibility of Gloves

Forms & Guides

MSDS Databases


Contact EH&S

Chemical Security Regulations

The Department of Homeland Security (DHS) has been given a new and aggressive authority to strengthen security at chemical faculties under the Chemical Facility Anti-Terrorism Standards (CFATS) Rule. The University at Buffalo must comply with this rule which will require a chemical inventory in any university space where certain chemicals are in use.

In order to assist UB in complying with this rule, each Principal Investigator must review their chemical inventory and complete the "Chemicals of Interest” checklist (pdf). All checklists must be completed, signed and returned to Departmental Chairs no later than February 1, 2008.

Frequently Asked Questions

Why do universities have to comply with this rule?

Although universities do not fit the typical description of a chemical facility, the DHS uses a very broad definition. DHS considers a chemical facility to be ANY establishment that possesses or plans to possess a quantity of a chemical substance determined by DHS to be potentially dangerous. For the purposes of this regulation, colleges and universities are considered chemical facilities. National organizations including CSHEMA (Campus Safety Health and Environmental Management Association) and NACUBO (National Association of College and University Business Officers) objected to universities and colleges being subject to the regulation, and requested DHS to either exempt them or modify the proposed rule. DHS chose not to grant a blanket exemption, but did relax some of their original requirements specific to universities based on the number of comments submitted by these organizations.

What is the deadline for completion of the UB EH&S chemical inventory form?

Any university space including labs, areas controlled by facilities, student life, athletics, etc. must complete the DHS Screening Threshold Quantity Inventory Form supplied by UB Environment, Health and Safety by February 1, 2008.

What if any further action is required once the form is submitted to EH&S?

Based on results of the survey on your space, EH&S will determine if a site visit to your lab or area is required. If a site visit is required, EH&S will verify actual volumes of chemicals noted on the checklist.

Does this rule only apply to laboratories?

No, this rule applies to any area within University boundaries which may possess ANY chemical found to be on a list provided by the DHS known as Appendix A.

Are chemical stockrooms also subject to the CFATS rule?

Yes, they are considered laboratory space and are subject to the rule.

Do you count chemicals in beakers in labs?

No. Only chemicals in “transportation packaging”, which includes the original bottle or container, but does not include beakers, test tubes, chemicals in apparatus, etc. are required to be counted.

How do you inventory chemicals that are present as process intermediates, by-products and incidental production materials?

They do not need to be counted.

Are containers of hazardous waste excluded from rule?

Yes. DHS exempts chemicals of interest in solid waste (including hazardous waste) regulated under the Resource Conservation and Recovery Act (RCRA). You do not need to count any chemicals in you labs that are in properly labeled as hazardous waste.

If a lecture bottle of bromine trifluoride for example, is connected to equipment, would this be exempt from counting?

DHS does not specifically address this issue; however, if the lecture bottle could easily be disconnected and removed from the lab, it could count. If the researcher disconnected it, it would count. Thus, it is likely in the institution’s best interest to count it.

Do we count materials in compressed gas cylinders or cryogenic liquid dewars?

Materials in compressed gas cylinders should be counted, as the cylinder is generally considered DOT transportation packaging. Dewars are generally not considered transportation packaging and there are no cryogenic liquids that are subject to this rule.

What are the penalties for non-compliance?

According to §27.300(3), non-compliance with the CFATS rule may result in penalties of not more than $25,000 for each day during which the violation continues

If you have further questions, please contact EH&S at 829-2401.