Security plans

Scope

Each person who offers for transportation in commerce or transports in commerce one or more of the following hazardous materials must develop and adhere to a security plan for hazardous materials. Used below, “large bulk quantity” means a quantity greater than 6,614 pounds for solids or 792 gallons for liquids and gases in a single packaging.

• Any quantity of a Division 1.1, 1.2, or 1.3 material,
• A quantity of a Division 1.4, 1.5, or 1.6 material requiring placarding,
• A large bulk quantity of Division 2.1 material,
• A large bulk quantity of Division 2.2 material with a subsidiary hazard of 5.1,
• Any quantity of a material poisonous by inhalation,
• A large bulk quantity of a Class 3 material meeting the criteria for Packing Group I or II,
• A quantity of a desensitized explosives meeting the definition of a Division 4.1 or Class 3 material requiring placarding,
• A large bulk quantity of a Division 4.2 material meeting the criteria for Packing Group I or II,
• Any quantity of a Division 4.3 material,
• A large bulk quantity of a Division 5.1 material in Packing Groups I and II; perchlorates; or ammonium nitrate, ammonium nitrate fertilizers, or ammonium nitrate emulsions, suspensions, or gels,
• Any quantity of organic peroxide, Type B, liquid or solid, temperature controlled,
• A large bulk quantity of Division 6.1 material,
• A select agent or toxin regulated by the Centers for Disease Control or the United States Department of Agriculture,
• A quantity of uranium hexafluoride requiring placarding,
• International Atomic Energy Agency (IAEA) Code of Conduct Category 1 and 2 materials including Highway Route Controlled quantities or known as radionuclides in forms listed as RAM-QC by the Nuclear Regulatory Commission,
• A large bulk quantity of Class 8 material meeting the criteria for Packing Group I.

The security plan requirements do not apply to combustible liquids because of exceptions found in 173.150(f). In 173.150(f)(2) combustible liquids, that are not a hazardous substance, hazardous waste, or marine pollutant, in non-bulk packaging are not subject to the Hazardous Materials Regulations (this includes security plans). In addition, in 173.150(f)(3) the security plan requirements in Part 172 Subpart I are not listed as required compliance for combustible liquids in bulk packaging or combustible liquids that are also a hazardous substance, hazardous waste, or marine pollutant.

Regulatory citations

• 49 CFR 172 Subpart I — Safety and Security Plans

Key definitions

• Commerce: Trade or transportation in the jurisdiction of the United States within a single state; between a place in a state and a place outside of the state; that affects trade or transportation between a place in a state and place outside of the state; or on a United States-registered aircraft.
• Person: An individual, corporation, company, association, firm, partnership, society, joint stock company; or a government, Indian Tribe, or authority of a government or Tribe, that offers a hazardous material for transportation in commerce, transports a hazardous material to support a commercial enterprise, or designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
• Person who offers: Any person who performs, or is responsible for performing, any pre-transportation function or tenders or makes the hazardous material available to a carrier for transportation in commerce.

Summary of requirements

Every security plan needs to start with a risk assessment. This means looking at the specific risks tied to the places where hazardous materials are prepared, stored, or unloaded during transport, and figuring out how to manage those risks.

At the very least, a security plan must cover three key areas:

• Personnel security:

• Employers need to verify the information provided by job applicants who will have access to or handle hazardous materials. This background check process has to follow all applicable federal and state laws, especially those related to hiring practices and privacy.

• Unauthorized access:

• The plan must include steps to prevent unauthorized people from getting near the hazardous materials or the vehicles used to transport them.

• En route security:

• There should be measures in place to protect hazmat shipments while they’re on the move, from the starting point to the final destination, including any stops along the way.

In addition, a security plan must also include:

• Who’s in charge: The job title of the senior manager responsible for creating and overseeing the plan.
• Roles and responsibilities: A breakdown of who does what when it comes to putting the plan into action, and how employees are notified when specific parts of the plan need to be followed.
• Training: All hazmat employees must be trained on security awareness and receive in-depth training on the company’s specific security procedures, roles, and what to do if there’s a security breach.

Retention, availability, and revisions:

The security plan must be in a written format and kept on file for as long as it’s in use. It should be reviewed at least once a year and updated whenever needed, especially if circumstances change. When updates are made, everyone responsible for carrying out the plan must be informed, and all copies must reflect the latest version.

A copy of the plan (or a digital version) must be kept at the company’s main office and made available to DOT or DHS officials if they ask for it.