Industry Impact - Hazardous Materials Rail Transportation Security
Written By: Tim Kornegay, VP, Infrastruct Security, Inc.
On April 16th, 2008, the new interim final rule for Rail Transportation Safety and Security for Hazardous Materials Shipments was entered into the Federal Register (49 CFR Parts 172, 174, and 209). The new rule, revised by the Pipeline and Hazardous Materials Safety Administration in coordination with the Federal Railroad Administration and the Transportation Security Administration, fulfills the requirements in Section 1551 of the Implementing Recommendations of the 9/11 Commission Act of 2007.
This regulation calls for rail carriers to compile data on shipments of explosive, toxic, and radioactive materials; it calls for carriers to use that data to analyze safety and security risks along rail routes and assess the viability of alternative routes; and it calls for inspection of rail cars for signs of tampering or suspicious items.
With more than 1.7 million rail shipments of hazardous materials annually there are obvious concerns with safety and security. But, the key considerations by regulatory authorities include concerns about the frequent shipments of hazardous chemicals through densely populated areas. The consequences of an incident could include significant loss of life, serious injuries, property damage, environmental damage, and significant economic impacts.
The potential impact is illustrated by a catastrophic incident that occurred on January 6, 2005 in Graniteville, South Carolina. The incident involved a derailment and a subsequent release of chlorine, which resulted in 554 injuries, nine fatalities, the evacuation of more than 5,400 people and an economic impact of more than $126 million. Highlighted by the fact that this incident was accidental, the potential impact of an intentional terrorist attack on railcars carrying hazardous materials causes serious concerns.
It's not surprising that, with the recent emphasis on securing our nations chemical processing infrastructure, hazardous rail transportation has come into focus. The Transportation Security Administration has identified 46 High Threat Urban Areas (HTUAs). Although the regulation calls for rail carriers to identify alternative routes to those in HTUAs, a majority of our nation's chemical processing infrastructure is located within those areas. Hazardous shipments in HTUAs will require more stringent security measures. According to the 49 CFR interim final rule, rail carriers and facility operators will be required to report rail car locations and shipping information on shipments of toxic, explosive and radioactive materials in HTUAs to ensure that no rail car is left unattended as it is transferred from shipper to carrier or from carrier to consignee. The regulation also requires that rail carriers transporting hazardous materials must conduct security visual inspections at ground level of rail cars to check for signs of tampering or the introduction of an improvised explosive device.
Although this regulation applies to rail carriers, the implications to industry as a whole are significant. Rail carriers must work with shippers and consignees to minimize the time rail cars containing hazardous materials are placed on track awaiting pick-up, delivery or transfer. The need for Facilities shipping or receiving hazardous chemicals by rail to coordinate with rail carriers will most require additional efforts from both the carrier and the facility. Because this process currently lacks automation, labor burdens on both sides will increase. In addition, the regulations state that the TSA will have broad inspection authority to allow officials at any time and in a reasonable manner, without advance notice, to enter, inspect and test property, facilities, equipment, operations, and to view, inspect, and copy records. This inspection authority extends to all hazardous materials shippers and to HTUA hazardous materials receiver, possibly creating significant overlap with the Chemical Facility Anti-Terrorism Standards (CFATS).
