The National Association of Chemical Distributors (NACD) has filed comments with the Pipeline and Hazardous Materials Safety Administration (PHMSA) on a notice of proposed rulemaking to narrow the list of materials subject to security plan requirements, according to NACD information.
“Narrowing the list of materials subject to DOT (Department of Transportation) security plan requirements to those that have the most serious potential to be effectively used in a terrorist attack will focus limited resources on the areas of greatest concern,” Jennifer Gibson, NACD vice-president of government affairs, said.
At the same time, NACD commended PHMSA on the effort as outlined in the proposed rule to make the federal hazardous materials transportation security requirements more risk-based than they are under the current regulations.
NACD also urged PHMSA to work with the Transportation Security Administration (TSA) to adopt identical lists of security sensitive hazardous materials that would be subject to the enhanced requirements. TSA issued a slightly different list of those hazardous materials several months ago.
“As TSA coordinates with PHMSA on transportation security regulations and takes on an increasing role in the enforcement of these measures, it is important for both agencies to work from the same list," Gibson said in the comments. "The transportation security risks do not change based on the agency administering and enforcing the regulations, so there is no reason to have different lists, even if these differences are not extensive. The use of more than one SSHM list could lead to confusion and misinterpretation for both regulators and industry.”
NACD also voiced concerns about a requirement in the proposal for covered entities to conduct security assessments of specific risks that exist on specific routes, arguing that this would not be feasible for the vast majority of chemical distributors who have tremendous variations in their shipment destinations. However, the comments note that the requirement to have site specific and general en-route risk assessments is reasonable.
In addition, NACD urged DOT to recognize measures that facilities have taken under other regulations such as the Chemical Facility Anti-Terrorism Standards and the Maritime Transportation Security Act regulations in meeting their HM-232 security plan requirements in order to prevent duplication of effort wherever possible.
NACD notes that it approved new security measures as part of its management program, the Responsible Distribution ProcessSM, and has developed a security vulnerability assessment that specifically addresses security issues relevant to chemical distribution facilities. NACD members have invested millions of dollars and substantial resources to safeguard their facilities and the transportation of their products, the association said.