PHMSA Publishes Final Rule Limiting Security Plans

This is great news for most GAWDA distributors. The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a final rule in HM-232F narrowing the list of materials subject to the security plan requirements and reducing the regulatory costs and paperwork burden. 75 Federal Register 10974 (March 9, 2010). The final rule, issued in consultation with the Transportation Security Administration (TSA), was developed in response to petitions from industry groups arguing that not all placardable amounts of hazardous materials were capable of being used as weapons and thus did not require security plans.
PHMSA Publishes Final Rule Limiting Security Plans

PHMSA published its final rule so that the list of materials requiring a security plan corresponds with the United Nations Model Regulations for the Transport of Dangerous Goods and the TSA’s list of Highly Security Sensitive Hazardous Materials. The chart above contains some selected changes in the final rules. A variety of changes have been made to the requirements for various other classes of hazardous materials as well. Please refer to the actual final rule to see all the changes.

The final rule is effective October 1, 2010, but voluntary compliance was authorized as of April 8, 2010. This means that many GAWDA members are no longer required to have a hazmat security plan as of April 8, 2010.

For those still required to have a security plan, there are some new changes required in the written plan. Please read the last two pages of the final rule for all the changes. Here is a sample of the changes: 172.802 (b) The security plan must also include the following:

  1. Identification by job title of the senior management official responsible for overall development and implementation of the security plan;
  2. Security duties for each position or department that is responsible for implementing the plan or a portion of the plan and the process of notifying employees when specific elements of the security plan must be implemented;
  3. A plan for training hazmat employees in accordance with § 172.704 (a)(4) and (a)(5) of this part.
Gases and Welding Distributors Association
Michael Dodd Meet the Author
GAWDA’s DOT, OSHA & EPA Consultant Michael Dodd is president of MLD Safety Associates in Poplar Bluff, Missouri. Members can reach him at 573-718-2887 and MLDSafety@hotmail.com.