This ANPRM will provide an opportunity for the Department to hear and consider the views of regulated industry and other interested members of the public on their recommendations for CFATS program modifications and improvements. Areas that DHS is most interested in receiving comments on include, but are not limited to, the following:
General Regulatory Approach—Comments on how the Department could continue to improve its current approach toward identifying CFATS covered facilities and ensuring their compliance with CFATS requirements, such as:
the information submission processes (i.e., the Top-Screen, SVA, and SSP submissions) and associated schedules; [11]
the means and methods by which facilities claim a statutorily exempt status and whether or not commenters think that deletions, additions or modification to the list of exempt facilities should be considered;
the use of ASPs in lieu of SVAs and, in particular, the current limitation on the use of ASPs in lieu of SVAs to Tier 4 facilities;
the scope, tier applicability, and processes for submitting and reviewing SSPs and ASPs;
the processes for submitting and evaluating requests for redetermination by chemical facilities previously determined by DHS to be high-risk; and
the issuance of orders and the regulatory enforcement process.