Security Requirements Affect Fertilizer Transport

Growers that transport fertilizers or other hazardous materials need a security plans.

Homeland security begins at home and in this case “down on the farm”. The Federal Department of Transportation (U.S. DOT) has issued a new rule that applies to producers who transport fertilizer and other hazardous materials from the dealer to their farm. This rule is aimed at deterring terrorist and other illegal acts while at the same time limiting a producer’s exposure to liability in the event that an illegal act occurs.

Who has to comply?
Agricultural producers who ship or transport certain hazardous materials in quantities that require placards (diamond shaped signs) must develop and implement a transportation security plan. If you do not ship or transport hazardous materials in amounts that require placards you do not need a security plan. Also, if suppliers deliver hazardous materials to your operation, it is their responsibility to have a plan.

What fertilizer materials are covered?
Anhydrous ammonia and ammonium nitrate and any other materials that require a placard (see Table 9) are covered under this new rule. This also includes: pesticides; fuels such as gasoline, diesel, and propane; and explosives such as dynamite and detonators.

When does this rule take effect?
The rule took effect on September 25, 2003.

What does this plan need to cover?
Security En Route: Your security plan must include measures to ensure the security of the materials between the time you pick them up and the time you arrive at your farm. In this case, the most effective security measure would be to minimize the time that the shipment is in transit by going directly from your supplier to your farm. The security plan does not apply to transportation between fields.

Unauthorized Access: Your security plan must include measures to protect against unauthorized access by using locks or physical/visual observation. For example, if you stop on the way back to your farm for a snack or a meal, you should keep your vehicle in sight and/or lock or secure the material in the vehicle.

Personnel Security: If you use employees to pick up and transport placarded hazardous materials from your supplier to your farm, your security plan must include measures to confirm information provided by the employee on his/her job application or resume. This only applies to employees hired after September 25, 2003, and who are involved in the actual shipment or transportation of the materials covered by the plan.

The U.S. DOT wants producers to consider:

• Your plan can be tailored to your operation.
• You need to keep your plan on file to comply, but it will not be collected by or kept on file at State or Federal DOT offices.
• Your plan will be enforced by State or Federal DOT as part of the general enforcement program for the HAZMAT carrier and shipper community but not as part of any roadside stop inspection.
• U.S. DOT is taking an educate over regulate approach to these transportation requirements.

You may have a plan already in place currently that meets these requirements, such as one drawn up in accordance with agribusiness guidelines issued by The Fertilizer Institute, the Agricultural Retailers Association, CropLife America, or other industry groups or associations, or a plan implementing safety and security measures for pesticides in accordance with Environmental Protection Agency regulations.

How can I get more information?
Visit: http://hazmat.dot.gov/hmt_security.htm for the complete rules, a sample plan (in Transportation Security Evaluation & Planning for Farmers, Ranchers, & Agricultural Production Operations), and additional facts from U.S.DOT. or Contact the HAZARDOUS MATERIALS INFORMATION CENTER at 1 (800) HMR-4922.

by Troy Bauder
Extension Specialist
Water Quality