May 6, 2021: Security Plan Integration

We recently received a question from a client about their Coast Guard Security Plan for their port facility: Can it apply to other than vessel shipments? In other words, can it cover the DOT’s requirement for a security plan when shipping hazmat by rail or highway? The answer is… it depends! Let’s take a look.

First, what triggers the requirement to develop and implement a plan to address security risks related to the transportation of hazardous materials in commerce? Any person who offers or transports one or more of the following must have a written plan:

(1) Any quantity of a Division 1.1, 1.2, or 1.3 explosive material;

(2) A quantity of a Division 1.4, 1.5, or 1.6 explosive material requiring placarding in accordance with subpart F of this part;

(3) A large bulk quantity of Division 2.1 flammable gas;

(4) A large bulk quantity of Division 2.2 non-flammable gas with a subsidiary hazard of 5.1 oxidizing agent;

(5) Any quantity of a material poisonous by inhalation (Division 6.1), as defined at 40 CFR 171.8;

(6) A large bulk quantity of a Class 3 flammable liquid meeting the criteria for Packing Group I or II;

(7) A quantity of desensitized explosives meeting the definition of Division 4.1 flammable solid or Class 3 flammable liquid requiring placarding in accordance with subpart F of this part;

(8) A large bulk quantity of a Division 4.2 spontaneously combustible material meeting the criteria for Packing Group I or II;

(9) A quantity of a Division 4.3 dangerous when wet material requiring placarding in accordance with subpart F of Part 172;

(10) A large bulk quantity of a Division 5.1 oxidizing agent in Packing Groups I and II; perchlorates; or ammonium nitrate, ammonium nitrate fertilizers, or ammonium nitrate emulsions, suspensions, or gels;

(11) Any quantity of a Division 5.2 organic peroxide, Type B, liquid or solid, temperature controlled;

(12) A large bulk quantity of Division 6.1 poisonous material (for a material poisonous by inhalation see paragraph (5) above);

(13) A Division 6.2 infectious agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CFR part 73 or the United States Department of Agriculture under 9 CFR part 121;

(14) A Class 7 radioactive quantity of uranium hexafluoride requiring placarding under §172.505(b);

(15) International Atomic Energy Agency Code of Conduct (IBR, see §171.7) Category 1 and 2 materials, Nuclear Regulatory Commission, Category 1 and Category 2 radioactive materials as listed in Table 1, appendix A to 10 CFR part 37, and Highway Route Controlled quantities as defined in 49 CFR 173.403; and

(16) A large bulk quantity of Class 8 corrosive material meeting the criteria for Packing Group I.

NOTE: A “large bulk quantity” means greater than 3,000 kg (6,614 pounds) for solids or 3,000 liters (792 gallons) for liquids and gases in a single packaging such as a cargo tank motor vehicle, portable tank, tank car, or other bulk container.

Once you have determined you need a plan, the following elements must be addressed:

(1) Personnel security. Measures to confirm information provided by job applicants hired for positions that involve access to and handling of the hazardous materials covered by the security plan.

(2) Unauthorized access. Measures to address the assessed risk that unauthorized persons may gain access to the hazardous materials covered by the security plan or transport conveyances being prepared for transportation of the hazardous materials covered by the security plan.

(3) En route security. Measures to address the assessed security risks of shipments of hazardous materials covered by the security plan en route from origin to destination, including shipments stored incidental to movement.

In addition, the security plan must identify the senior management official (by job title) responsible for overall development and implementation of the security plan; the security duties for each position or department that is responsible for implementing the plan or a portion of the plan; the process of notifying employees when specific elements of the security plan must be implemented; and a plan for training hazmat employees in accordance with 49 CFR 172.704 (a)(4)(regarding security awareness training), and §172.704 (a)(5) (regarding in-depth security training).

The plan must be reviewed annually, updated if necessary, and any changes must be conveyed to stakeholders.

So back to our original question. Can another security plan cover the DOT’s hazmat security plan? The answer is “yes” IF the plan also meets the DOT’s requirements specified in 49 CFR, Part 172, Subpart I (Safety and Security Plans).

What STARS Can Do for you

We can review your DOT hazmat security plan and any other plans you are subject to, and help you integrate them into one master plan meeting all applicable regulations.

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