- Regulated Sites: Companies with facilities subject to CFATS for instance, could make the case that CFATS RBPS 8 (Cyber) already provides a sufficient level of cyber security and that CFATS-regulated sites should therefore be exempt from the new law.
- Non-Regulated Sites: Companies with facilities that possess critical cyber assets but are not subject to any other laws or regulations that affect those cyber assets may be required to meet the new cyber RBPSs.
It is however too early to speculate whether or not DHS would find that existing regulations such as CFATS provide a sufficient level of cyber security protection. Until the bill becomes law and DHS issues implementing regulations, it will not be possible to assess its full scope and potential impact on critical infrastructure owners.
I will continue to monitor the bill and related cyber security legislation closely.
Ryan Loughin is Director of Petrochemical & Energy Solutions for the Advanced Integration division of ADT- www.adtbusiness.com/petrochem. He provides security education to CFATS and MTSA-affected companies and is a member of the National Petrochemical and Refiners Association (NPRA), Society of Chemical Manufacturers and Associates (SOCMA), Energy Security Council (ESC) and American Society for Industrial Security (ASIS). Loughin has also completed multiple levels of CVI Authorized User training (Chemical-Terrorism Vulnerability Information) which was authored by the U.S. Department of Homeland Security.
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