The Fertilizer Institute — Hazardous Materials Safety Interpretation

Page 1• U.S. Department of Transportation 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration NOV 20: 2003 Mr. Kraig R. Naasz President The Fertilizer Institute 820 First Street, N.E., Suite 430 Washington, D.C. 20002 Dear Mr. Naasz: This responds to an emailed inquiry from your organization concerning the applicability of the security plan requirements in Subpart I of Part 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to agricultural retailers. Specifically, you ask whether an agricultural retailer is required to verify that a customer has a security plan. The security plan requirements in Subpart I of Part 172 apply to persons who offer for transportation or transport certain hazardous materials in commerce. An agricultural retailer who sells agricultural products such as fertilizer or pesticides to a farmer is an offeror for purposes of the HMR and, thus, must develop and implement a security plan if it sells hazardous materials in the types and amounts listed in § 172.800(b). In accordance with § 172.802, the security plan must address personnel security, unauthorized access, and en route security. The regulations do not require an agricultural retailer to verify that its customers have a security plan nor do the regulations require the retailer to collect or review customer security plans. However, the retailer's security plan should indicate the measures it has taken to address en - route security. For example, an agricultural retailer may want to suggest to his customers that they take certain precautions while transporting the hazardous materials from the retailer's facility to the customer's facility. Such precautions could include: (1) to the extent practical, minimizing transit time by going directly from the retailer to the destination; (2) to the extent practical, preventing unauthorized persons from gaining access to the shipment by monitoring the shipment during stops, locking the shipment inside the transport vehicle, securing the shipment to the transport vehicle, and/or securing closures on the containers) or package(s); and (3) reporting suspicious incidents or events to local law enforcement officials and/or the Federal Bureau of Investigation. The Research and Special Programs Administration has developed a fact sheet and a sample security plan (copies enclosed) to assist farmers to comply with the security plan requirements in Subpart I of Part 172. To address security issues associatec with the transportation of#

Page 2• products to the customer's facility, an agricultural retailer may want to provide the customer with copies of the fact sheet and the sample security plan. I hope this information is helpful. If you have additional questions, please do not hesitate to • contact this office. Sincerely, Robert A. McGuire Associate Administrator for Hazardous Materials Safety Enclosures#

Page 3• Gorsky, Susan Sent: From: Pam Guffain [PGuffain@tfi.org] Subject: To: Monday, November 17, 2003 10:14 AM Per our discussion Gorsky, Susan Flag Status: Follow Up Flag: Flagged For Your Information Dear Susan, to handle cans ad editerents release tr now that this has been tease t feet feis Like you, IFI would have preferrec very important to set the record straight so that retailers won't be crazy with this issue I would appreciate an official letter of interpretation regarding verification of security collect, or anything else, farmer plans." olans and that there is no "regulatory requirement" that retail dealers check, dealers can simply hand their customer the DOT documents (fact sheet, You might suggest in dee leer that retal and suggest that if they don't have a plan that they may want to consider the DOT generic plan, etc.) documents. It might also be helpful to mention something about legal liability (like since there isn't a regulatory requirement DOT would not use this in an enforcement). Does this make sense? I would like to have the letter addressed to Kraig R. Naasz, President, The Fertilizer Institute, 820 First Street, N.E., Suite 430, Washington, D.C. If you can email or fax it that would be wonderful. Thanks, Pam Pam Guffain The Fertilizer Institute Director, Government Relations Washington, D.C. 20002 820 First Street, N.E., Suite 430 202-515-2704 (direct) 202-257-3043 202-962-0577 (fax) (cell) From: Alicia Fitzpatrick [mailto:alicia@aradc.ora] ----Original Message----- Subject: ARA MEMBER ALERT Sent: Friday, November 14, 2003 4:24 PM «DOT HAZMAT SECURITY brochure.pdf>> <<DOT Sample Farmer Security Plan.doc>> «DOT Ag Security Flyer. pdf>> <..OLE_Obj...» «..OLE_Obj...»> MEMBERSHIP ALERT! RELEASE Contact: FOR IMMEDIATE 2003 Alicia Fitzpatrick 202-457-0825 November 14, New DOT HAZMAT Transportation Rule: Growers Now Need a Security Plan 1#

Page 4Transportation (DOT) has implemented new Hazmat As ARA has consistently reported to our members, the Department of included in a final rule issued earlier this year (HM 232). The new DOI restrictions that were growers who transport HAZMAT materials above certain weight and volume regulations took effect on September 25, 2003. According to DOT officials, criteria will now need a security plan. required to place placards on their vehicles depending on the types and In addition, growers may be quantities of materials they are transporting. documents.) (See attached DOT The interpretation of this rule covers transportation and shipping oi Hazmat to include many pesticides and some common fertilizers that most retailers v1th Ill hazard) or ammonium nitrate fertilizer (Division 5.1) that is more or example a farmer transporting anhydrous ammonia (Division 2.2 vehicle. containers in a single shipment must have a security plan and placard their pesticides and fertilizers that are In an exercise of caution, ARA strongly suggests that retailers of rule in its entirely implications. liability related for failure to institute procedures. Because this is an issue involving state law, which is different in each the new regulation. the applicability of the security plan requirements (FACT SHEET AND SAMPLE SECURITY PLAN) fox growers. rule on HM 232 (http://www.tanktruck.net/pdf/hm820232.pdf>) vebsite regarding this issue are the following: general DOT web page or nd DOT's website for additional information. Important links to DOT's hat security at http://hazmat.dot.gov/hmt_security.htm> and Frequently <http://hazmat.dot.gov/pubtrain/Security8200820&820A.pdf>. Asked Questions page at If you have further questions call ARA at 202-457-0864. The National Voice of the Ag Retailer 2#

Page 5HAZARDOUS MATERIALS TRANSPORTATION SECURITY REQUIREMENTSFOR FARMERS, RANCHERS, AND PRODUCTION AGRICULTURAL OPERATIONS If you do not ship or transpoltazardous materials in amounts that require placards you deliver hazardous materials to your operation, do not need a security plan. Also, if suppliers Phelos courtesy of USDA NRCS it is their responsibility to have a plan. Beginning September 25, 2003gricultural producers who ship or transport certain If the security plan requirement applies hazardous materials in quantities that require placards must now develop and implement your operation, the plan must include measures a transportation security plan. This new Federal Department of Transportation rule affects to address personnel, unauthorized access, transportation of hazardous materials needed to support commercial activities like farming and en route transportation issues. limiting a producer's exposure to liability in the event that an illegal act occurs. and ranching. its aim is to deter terrorist and other illegal acts while at the same time to pick up and transport placarded hazardous Personnel Securityif you use employees materials from your supplier to your farm, your security plan must include measures to confim For many years diamond-shaped signs, called placarate been required on vehicles information provided by the employee on his/ scene emergency responders with the information necessary to quickly assess an accident transporting certain types and quantities of hazardous materials. Placards provide first-on- requirement only applies to employees hired her job application or resume. Note that this • situation from à distance, reducing. the possibility of someone approaching the accident site after September 25, 2003, who are involved without wearing: protective. clothing: or equipment. Fire fighters, police, and other responders in the actual shipment or transportation of the can thus avoid unnecessary exposure to a dangerous, perhaps life-threatening, material. materials covered by the plan. accident, mitigate the threat of environmental damage, and conduct life-saving operations. Placards indicate to emergency responders how to safely and appropriately handle the Unauthorized AccessYour security plan must include measures to protect against Examples: of materials: for which a placard is required include pesticides; tertilizers such as unauthorized access by using locks or anhydrous ammonia or ammonium nitrate; fuels such as gasoline, diesel, and propane; and physical/visual observation. For example, if explosives such as dynamite and detonators. snack or a meal, you should keep your vehicle you stop on the way back to your farm for a The following chart lists examples of the types and quantities of hazardous the vehicle. in sight and/or lock or secure the material in materials that require a placard and, thus, a transportation security plan. Security En RouteYour security plan must Material Quanity Placard include measures to ensure the security of the materials between the time you pick them up Dynamite and the time you arrive at your farm. In this (Division 1.1 explosive) Any Amount would be to minimize the time that the shipment case, the most effective security measure is in transit by going directly from your supplier Detonators (Division 1.4 explosive) More than 1,000 Ibs in a single shipment Remember: * Your plan can be tailored to your operation. (Division 2.1 material) Propane • Your plan will not be collected by or kept Propane CASALLELE on file at State or Federal DOT offices. • Your plan will be enforced by State or (Division 2.2 with TIH hazard) Anhydrous ammonia More than 119 gallons in a single container - Federal DOT as part of the general Anhydrous enforcement program for the HAZMAT carrier Ammonia and shipper community but not as part of any (Class 3) Gasoline OR roadside stop inspections. Gasoline FiaruELF You may have a plan in place currently that Pesticides/herbicides that More that 1,000 meets these requirements, such as one drawn bear a DOT poison label pounds (Division 6.1) in multiple containers POISON? Pesticides/ up in accordance with agribusiness guidelines Herbicides issued by The Fertilizer Institute, the in a single shipment Agricuitural Retailers Association, CropLife Ammonium nitrate fertilizer Ammonium America, or other industry groups or (Division 5.1) Fertilizer Nitrate OXIDRER associations, or a plan implementing safety and security measures for pesticides in accordance with Environmental Protection Diesel fuel More than 119 gallons Agency regulations. (Class 3) in a single container HAIRABLE Administration Research and Special Progroins For further information, contact the HAZARDOUS MATERIALS INFORMATION CENTER at 1 (800) HMR-4§#

Page 6U.s. Department of Transportation TRANSPORTATION SECURITY EVALUATION & Special Programs Research and PLANNING FOR FARMERS, RANCHERS, & Administration PRODUCTION AGRICULTURAL OPERATIONS Background Farmers, ranchers and other agricultural operations can better secure the safe transport of hazardous materials, deter terrorist and illegal acts involving hazardous materials, and reduce their own exposure to liability by developing and implementing security plans that conform to Department ot Iransportation (DOT) requirements in 49 CFR Part 172, Subpart I. Agricultural operations commonly use many materials that are potential targets for terrorism and illegal activities, including: explosives like dynamite or detonators; certain poisonous pesticides; fertilizers like anhydrous ammonia and ammonium nitrate; and fuels like gasoline, diesel, and propane. Examples of Types and Quantities of Materials Requiring Transportation Security Plan (DOT Hazard Class Indicated in Parentheses) Material Quantity Dynamite (Division 1.1 explosive) Any amount Detonators (Division 1.4 explosive) More than 1,000 pounds in a single shipment Propane (Division 2.1 material) Anhydrous ammonia (Division 2.2 with TIH hazard) More than 119 gallons in a single container Gasoline (Class 3) Pesticides or herbicides that bear a DOT poison label Ammonium nitrate fertilizer (Division 5.1) single shipment More than 1,000 pounds in multiple containers in a (Division 6.1) Diesel fuel (Class 3) More than 119 gallons in a single container To assist agricultural operations in assessing risk and transporting hazardous materials safely, this sample security plan contains three important components - personnel security, unauthorized access, and security while in transit. Most importantly, the plan conforms to DOT security requirements (49 CFR Part 172, Subpart I) for persons who offer or transport hazardous materials. Assessing Your Risk Explosion and Fire. Hazardous materials that are explosive, flammable or combustible can be used to attack large groups of people, buildings and critical infrastructure. Examples include explosives and bulk quantities of gasoline, diesel fuel, or propane. In addition, bulk quantities of ammonium nitrate and ammonium nitrate fertilizers can be used to make explosives. For agricultural operations transporting these hazardous materials, the greatest security risk is that a shipment may be highjacked or stolen. "Toxic by Inhalation" Hazards (TIH). TIH materials, either as gases or volatile liquids, can be 1#

Page 7used to attack people in confined spaces such as buildings or subways. Bulk quantities present dangers to large areas and could affect a significant number of people. In agriculture, TIH includes the fertilizer anhydrous ammonia. For farmers transporting TIH materials, the greatest security risk is that a shipment may be highjacked or stolen or attacked while traveling in a populated area. Poisonous Liquids or Solids. Materials with oral toxicity (i.e., poisonous if consumed) can be used to attack food or drinking water supplies. Also, liquids that are toxic via the inhalation of their vapors can be used to attack groups of people indoors or outdoors. In agriculture, certain pesticides are considered toxic and are labeled by DOT as "Poisons." For agricultural operations transporting toxic/poisonous materials, the greatest security risk is that a shipment may be highjacked or stolen or illegally released while traveling in a populated or vulnerable infrastructure area. 2#

Page 8Hazardous Materials Transportation Security Plan for Agricultural Operations Agricultural Operation Name: Operation Contact Name Preparing Plan: Town/Community of Operation: Phone Number(s) of Operation & Contacts): Fully complete the following information based on this agricultural operation's transport of the hazardous materials: This agricultural operation transports) the following materials for agricultural use in amounts that require placarding: Explosives Any amount of: • Dynamite • More than 1,000 pounds (total, if in multiple containers) in a single shipment of: • Detonators/Blasting Agents • Flammable/Combustible Liquids or Gases More than 119 gallons in a single container OR More than 1,000 pounds in multiple containers in a single shipment of: • Gasoline • • Propane/Liquified Petroleum Gas • Butane • • Ammonium nitrate fertilizers More than 119 gallons in a single container of: • Diesel Fuel • Fuel Oil • • Toxic By Inhalation More than 119 gallons in a single container OR More than 1,000 pounds in multiple containers in a single shipment of: • Anhydrous Ammonia 3#

Page 9Poisonous/Toxic Solids or Liquids with DOT "Poison Label" • Pesticides/Herbicides (List below) Personnel Security To the extent teasible and practical, references, employment history and immigration status will be checked for personnel hired after September 25, 2003, who will be responsible for transporting these listed hazardous materials from any supplier to this operation. Personnel responsible for transporting the listed hazardous materials from any supplier to this agricultural operation will be instructed on how to adhere to this security plan. Unauthorized Access If it is necessary to stop during transportation of the listed hazardous materials, authorized personnel of this agricultural operation's (operation personnel) will to the extent practical prevent unauthorized persons from gaining access to the shipment by monitoring the shipment during the stop, locking the shipment inside the transport vehicle, securing the shipment to the transport vehicle, and/or securing closures on the containers) or package(s). • If it is necessary to stop during transportation of the listed hazardous materials, operational personnel will check the vehicle and the shipment after the stop to make evaluate whether tampering or illegal activity has taken place. Operation personnel will report suspicious incidents or events to local law enforcement officials and/or the FBI as soon as is practical, using the contact information supplied below. Local Police: Local Fire/Emergency Rescue/HazMat Response: Nearest FBI Field office: Security During Transport Operation personnel will to the extent practical minimize transit time for the listed hazardous materials by going directly from the supplier to the operation. Operation personnel will report suspicious incidents or events to local law enforcement officials or the FBI as soon as is practical, using the contact information supplied above. For your records and personnel use, keep a copy of this plan in an accessible, but secure location at the agricultural operation. Prepared By: Date: Revised/Edited/Reviewed by: Date: • 4#