Hazardous Materials Transportation Security Applicability to Agricultural Operations

HazardousMaterialsTransportationSecurity Why is it Necessary? Recent Terrorism Incidents: March 2003, al Qaeda operations chief, Khalid Shaikh Mohammed, is captured. Officials said Mohammed and other al Qaeda leaders explored getting operatives to steal tankers to crash them into gas stations.

HazardousMaterialsTransportationSecurity Why is it Necessary? Recent Terrorism Incidents: March 2003, two men in GMC Yukon attempt to hijack a fuel tanker truck in Indiana

HazardousMaterialsTransportationSecurity Hazmat Transportation Environment The Department of Transportation (DOT) currently lists approximately 3,000 hazmat descriptions – these materials, if accidentally or intentionally released, can pose risks to public health and safety, property, or the environment Over 800,000 Shipments Daily 3.1 Billion Tons Shipped Annually by All Modes Hazmat Support $446 Billion of US Economy Annually

HazardousMaterialsTransportationSecurity Scope of Annual Hazmat Shipments Chlorine - 45,000 rail tank-cars Anhydrous Ammonia –45,000 tank-cars –200,000 tank-trucks Gasoline - 18,000,000 tank-trucks Liquefied Petroleum Gas –56,000 rail tank-cars –2,000,000 tank-trucks Note: Rail tank-car = 34,000 gals each (approx.) Highway tank-truck = gals each

HazardousMaterialsTransportationSecurity Hazmat with Greatest Security Concerns Explosives Flammable liquids and gases Toxic by inhalation liquids and gases Poisonous liquids or solids Infectious substances Radioactive materials Hazmat which may be combined to intensify effects

HazardousMaterialsTransportationSecurity Regulatory and Other Initiatives DOT conducted a comprehensive regulatory review of hazmat regulations Examined placarding requirements – Do they diminish security? No RSPA initiated rulemakings to enhance the security of hazmat transported in commerce

HazardousMaterialsTransportationSecurity Hazardous Materials Security Requirements: HM-232 Final Rule published March 25, 2003 Hazmat offerors and transporters of placarded shipments or a select agent or toxin regulated by the CDC must have a security plans by September 25, 2003 Security awareness training at the first scheduled recurrent training In-depth security training

HazardousMaterialsTransportationSecurity Summary of HM-232 Requirements Security awareness training Security plans In-depth security training

HazardousMaterialsTransportationSecurity Agricultural Operations Section of the HMR contains exceptions for farmers when they transport agricultural products between fields of their own farm or to/from their farm

HazardousMaterialsTransportationSecurity Definitions (49 CFR 171.8) Agricultural product means a hazardous material, other than a hazardous waste, whose end use directly supports the production of an agricultural commodity including a fertilizer, pesticide, soil amendment, or fuel. An agricultural product is limited to Class 3, 8, 9, Division 2.1, 2.2, 5.1, 6.1, or an ORM-D material Farmer means a person engaged in the production or raising of crops, poultry, or livestock

HazardousMaterialsTransportationSecurity Exceptions for Agricultural Operations An agricultural product transported between fields of a farm is excepted from the HMR when: –Transported over local roads –Transported by a farmer who is an intrastate private motor carrier Transportation of an agricultural product to or from a farm is excepted from training and emergency response information requirements when: –Transported by a farmer who is an intrastate private motor carrier

HazardousMaterialsTransportationSecurity Exceptions for Agricultural Operations (con’t) The exception applies, if the total amount of agricultural products on a single vehicle does not exceed: –7,300 kg (16,094 lbs.) of ammonium nitrate fertilizer, Class 5.1, PG III in bulk packaging –1900 L (502 gallons) for liquids or gases, or 2300 kg (5,070 lbs.) for solids of any other agricultural product

HazardousMaterialsTransportationSecurity Applicability of Security Requirements to Agricultural Operations Security awareness training –Not Required for Farmers Security plans –Agricultural operations that ship or transport certain hazmat in quantities that require placards must now develop and implement a transportation security plan In-depth security training –Not Required for Farmers

HazardousMaterialsTransportationSecurity Security Plan Requirements – Each person who offers for transportation in commerce or transports in commerce one or more of the HM listed in (b)(1-7) must develop and implement a security plan by September 25, This includes materials typically used in agricultural operations such as: –Certain explosives –Propane –Anhydrous ammonia –Ammonium Nitrate Fertilizer – Gasoline – Pesticides – Herbicides – Diesel fuel

HazardousMaterialsTransportationSecurity Required Components of a Security Plan – Part Assessment of possible transportation security threats and appropriate measures to address assessed threats. Security plans must include the following elements: –Personnel security –Unauthorized access –En route security

HazardousMaterialsTransportationSecurity Required Components of a Security Plan (Cont’d) Security plans must be in writing Copies must be available to employees Plans must be revised and updated All current copies must be maintained

HazardousMaterialsTransportationSecurity Security Plans Approved by Other Organizations HM-232 permits security plans that conform to regulations or standards issued by other Federal agencies, international organizations, or industry groups, such as: –USDA –EPA –Model plans developed by industry associations, including voluntary security plans implemented after OKC bombing

HazardousMaterialsTransportationSecurity Sample Security Plan for Agricultural Operations

HazardousMaterialsTransportationSecurity Security Plans Your plan should be tailored to your operation Your plan will not be collected by or kept on file at State or Federal DOT offices HMR are enforced by State and Federal DOT

HazardousMaterialsTransportationSecurity Informational Resources

HazardousMaterialsTransportationSecurity Security Information

HazardousMaterialsTransportationSecurity Products and Publications Hazmat Transportation Security Awareness Training Module (CD-ROM) 2002 Hazardous Materials Transportation Training Modules on CD-ROM DOT Chart 12 How to Use the HMR Training videos Standard Information Packet

HazardousMaterialsTransportationSecurity Order Publications On-line

Hazmat Safety Regional Contacts Central Region Des Plaines, IL Enforcement: Kevin Boehne (847) HMSAT: Barbara Waller (847) Eastern Region W. Trenton, NJ Enforcement: Colleen Abbenhaus (609) HMSAT: Tony Murray (609) Southwest Region Houston, TX Enforcement: Billy Hines (713) HMSAT: Vacant Western Region Ontario, CA Enforcement: Daniel Derwey (909) HMSAT: Pat Romero (909) x225 Southern Region Atlanta, GA Enforcement: John Heneghan (404) HMSAT: Tay Rucker (404)

HazardousMaterialsTransportationSecurity How Can Your Reach Us? Hazardous Materials INFO-LINE HMR49-22 ( ) Hours of Operation: 9 am – 5 pm EST –Obtain answers to HMR questions –Request copies of Federal Register, exemptions or training materials –Report HMR violations –Fax on Demand

HazardousMaterialsTransportationSecurity