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Security Legislation

  • 2002 – Wastewater Security Act (not promulgated)
  • 2003 – 2004 Public Health Security and Bioterrorism Preparedness and Response Act (BPRA)
    • Amended CWA, Required SVAs and Emergency Response Plans for Existing Plants
    • Also mandated Procedures to Ensure Food and Drug Safety
    • BPRA was a Snapshot – New Facilities Are Not Affected, No Ongoing Review Required
  • 2003 – Hazardous Materials Transportation – 49 CFR Parts 171 – 178
  • 2003 – 2004 Maritime Transportation Security Act
  • 2003 – International Air Transportation Administration (IATA) Regulations
  • 2004 – 2006 City of Baltimore; MD State; New Jersey, New York – various state and local regulations
  • 2006 – DHS Chemical Facility Anti-Terrorism (CFAT) Standards, (ANPR) – 6 CFR Part 27
  • 2006 – Transportation Security Administration (TSA) Rail Transportation Security (ANPR) – 49 CFR Parts 1520 & 1580
  • 2007 – DHS CFAT Interim Final Regulations Rule Effective June 8, 2007“Chemicals of Interest” List – Proposed

Transportation Sector

  • Six Distinct Modes of Transportation:
  • Air: 450 Commercial; 19,000 Regional Airfields
  • Highway: 4 M Miles of Roads and Infrastructure
  • Maritime: 41,300 Vessels; 655 B ton-miles Commerce
  • Rail: 193,000 Miles of Track; 1.4 M Freight Cars; 8 Class I and 550 Other Rail Companies
  • Mass Transit: 6 K Public Transport Systems; 21 B Passenger Miles/yr
  • Pipeline: Oil – 177,000 miles; 623 B ton-miles; Natural Gas – 1.3 M Miles of Pipeline

Air

  • International Air Transport Association (IATA) Section 1.6
  • 49 CFR Parts 1500 – 1550
  • Effective August 19, 2003 – Air Security transferred to DHS from DOT

Highway

  • 49 CFR Parts 172, 173 Hazardous Materials Transportation
  • Security Plans
  • Security Training for Sites with Security Plans
  • Security Awareness Training for Others

Hazmat Transportation Security Rule Overviews

Requirements May Apply To:

  • Any person who offers a HAZMAT for transportation in commerce
  • Transfer of control of HAZMAT to a person who physically transports HAZMAT off facility’s property.
  • Any person who transports a HAZMAT in commerce
  • Physical relocation of a HAZMAT from the offering facility to an offsite location.
  • Minimize HAZMAT transportation risk and liability
  • Agency authority to inspect and assess fines immediately following compliance deadlines
  • Security Plan must address HAZMAT transportation risks associated with:
    • Personnel security
    • Unauthorized access
    • En-route security
    • Security Plan Training
    • Security Awareness Training

Security Training

  • “In-depth” Security Plan Training, con’t
  • Frequency
    • Initially – within 90 days of Hazmat duties
    • “Immediately” following any non-administrative amendment to the Security Plan

    • Security Training

      • DOT – every 36 months
      • IATA – every 24 months
      • IMDG – every 3 months (drills)
      • Rail – under development
    • General Awareness Training, con’t
    • Frequency
      • Initially – within 90 days of Hazmat duties
      • DOT – every 36 months
      • IATA – every 24 months
      • IMDG – quarterly or upon USCG notification
      • Rail – under development

    Recordkeeping

    • Security Plan
    • Audit reports
    • Training records
      • Employee’s name;
      • Most recent training completion date;
      • Description, copy, or location of training materials;
      • Name and address of person providing the training; and
      • Certification that employee has been trained and tested
      • Retain for as long as employee is employed as a Hazmat transportation employee and for 90 days thereafter

    Maritime

    Maritime Transportation Security Act (MTSA) of 2002

    • US Coast Guard responsible for 33 CFR Parts 101-106, Ports and Waterways Security
    • Part 104 – Vessel Security Plans
    • Part 105 – Facility Security Plans
    • Part 106 – Outer Continental Shelf Facilities and Production Platforms

    Transportation Worker Identification (TWIC)

    • DHS nationally-mandated credentialing program for regulated facilities and operations
    • 750,000 workers will need TWIC certification by September 30, 2008
    • TWIC security background checks for all applicants
    • All employees and unescorted visitors will have to apply for a TWIC
    • 125 Enrollment Centers in 38 states

    Rail

    • Rail Transportation Security Act
    • Proposed Rule, 21 Dec 2006
    • 49 CFR Parts 1520 and 1580
    • Applies to both freight & passenger rail
    • Part 1520 – Information Security – rail audits, route information is Sensitive Security Information (SSI)
    • Part 1580 – Rail Transportation Security – Appoint Rail Security Coordinator, report security concerns to TSA, provide location information to TSA upon request

    Pipelines

    • Transportation Security Improvement Act of 2005
    • Under the direction of TSA for security, DOT Office of Pipeline Safety (OPS) for safety
    • Rules are still under development; no specific security requirements or timetable are in place
    • TSA is developing security standards
    • OPS conducts inspections, investigates incidents
    • 2008 – DHS CFAT Final Regulations Final “Chemicals of Interest” List Approved
    • 2009 Drinking Water System Security Act (HR-3258)
    • NEW AREAS OF INTEREST
      • Food Manufacturing
      • Education
      • Water/Wastewater
      • Financial Data