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AGRONOMY SERIES TIMELY INFORMATION Agriculture & Natural Resources DEPT. OF AGRONOMY & SOILS, AUBURN UNIVERSITY, AL 36849-5633 S-01-04 January, 2004 Farm Compliance with Hazardous Materials Transportation Rules Charles C. Mitchell, Extension Agronomist-Soils and Jimmy Smitherman, County Extension Coordinator, Bullock Co. Beginning September, 2003, any agricultural producer who transports certain hazardous materials on public highways in quantities that require placards must now develop and implement a transportation security plan. These rules by the Federal Department of Transportation were put into place to deter terrorist and other illegal acts while limiting a producer's exposure to liability in the event of an accident or illegal act. In Alabama, these rules will be enforced by the Alabama Department of Public Safety (State Troopers). Hazardous material. Hazardous material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce. For Alabama farmers, the materials of principal concern are listed in Table 1. Simple solutions. If you do not ship or transport hazardous materials in amounts listed in Table 1, then you do not need to have a security plan. If suppliers deliver hazardous materials to your operation, it is their responsibility to have a plan. Therefore, the simplest solution is to let someone else transport these materials to your farm. If you buy fertilizer or fuel, let the dealer haul it to the farm. If you haul less than the amounts listed in Table 1 (e.g., less than 1,000 pounds of ammonium nitrate fertilizer), then the rules don't apply. These materials may be moved around the farm and from one field to another without a security plan. In the case of fertilizer, there are other materials that could be used instead of ammonium nitrate (34-0-0). Some blenders are making a 34-0-0 blend of urea and ammonium sulfate that is just as effective as ammonium nitrate. Liquid nitrogen solutions e.g., 32-0-0 may be used. Granular urea (45-0- 0) may be used. If one must use ammonium nitrate, a blender could mix it with 12% or more muriate of potash and make a 30-0-7 grade fertilizer that is no longer classified as a hazardous material. Ammonium nitrate is considered a hazardous material only if the product is 90% or greater ammonium nitrate. The security plan. The security plan is an assessment of possible transportation security risks for shipments of hazardous materials. It must contain documentation that addresses (1) personnel security, (2) unauthorized access, and (3) security while in transit. Whenever you purchase fuel or fertilizer in quantities requiring a security plan, your supplier should provide you with most of the required information and placards. A sample security plan is attached that should be sufficient for agricultural operations. Following is a list and description of those things that must be included in or accompany the security plan. ALABAMA A&M AND AUBURN UINVERSITIES, AND TUSKEGEE UNIVERSITY, COUNTY GOVERNING BODIES AND USDA COOPERATING The Alabama Cooperative Extension System offers educational programs, materials, and equal opportunity empl yment o to all people without regard to race, color, national origin, religion, sex, age, veteran status, or disability.

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AGRONOMY SERIES

TIMELY INFORMATION Agriculture & Natural Resources DEPT. OF AGRONOMY & SOILS, AUBURN UNIVERSITY, AL 36849-5633

S-01-04 January, 2004

Farm Compliance with Hazardous Materials Transportation Rules

Charles C. Mitchell, Extension Agronomist-Soils and

Jimmy Smitherman, County Extension Coordinator, Bullock Co. Beginning September, 2003, any agricultural producer who transports certain hazardous materials on public highways in quantities that require placards must now develop and implement a transportation security plan. These rules by the Federal Department of Transportation were put into place to deter terrorist and other illegal acts while limiting a producer's exposure to liability in the event of an accident or illegal act. In Alabama, these rules will be enforced by the Alabama Department of Public Safety (State Troopers). Hazardous material. Hazardous material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce. For Alabama farmers, the materials of principal concern are listed in Table 1. Simple solutions. If you do not ship or transport hazardous materials in amounts listed in Table 1, then you do not need to have a security plan. If suppliers deliver hazardous materials to your operation, it is their responsibility to have a plan. Therefore, the simplest solution is to let someone else transport these materials to your farm. If you buy fertilizer or fuel, let the dealer haul it to the farm. If you haul less than the amounts listed in Table 1 (e.g., less than 1,000 pounds of ammonium nitrate fertilizer), then the rules don't apply. These materials may be moved around the farm and from one field to another without a security plan. In the case of fertilizer, there are other materials that could be used instead of ammonium nitrate (34-0-0). Some blenders are making a 34-0-0 blend of urea and ammonium sulfate that is just as effective as ammonium nitrate. Liquid nitrogen solutions e.g., 32-0-0 may be used. Granular urea (45-0-0) may be used. If one must use ammonium nitrate, a blender could mix it with 12% or more muriate of potash and make a 30-0-7 grade fertilizer that is no longer classified as a hazardous material. Ammonium nitrate is considered a hazardous material only if the product is 90% or greater ammonium nitrate. The security plan. The security plan is an assessment of possible transportation security risks for shipments of hazardous materials. It must contain documentation that addresses (1) personnel security, (2) unauthorized access, and (3) security while in transit. Whenever you purchase fuel or fertilizer in quantities requiring a security plan, your supplier should provide you with most of the required information and placards. A sample security plan is attached that should be sufficient for agricultural operations. Following is a list and description of those things that must be included in or accompany the security plan.

ALABAMA A&M AND AUBURN UINVERSITIES, AND TUSKEGEE UNIVERSITY, COUNTY GOVERNING BODIES AND USDA COOPERATING The Alabama Cooperative Extension System offers educational programs, materials, and equal opportunity empl yment o

to all people without regard to race, color, national origin, religion, sex, age, veteran status, or disability.

Shipping papers. These will be provided by your supplier. It must be a written document

containing (1) Proper name of the hazardous material, e. g. ammonium nitrate, diesel fuel, gasoline, anhydrous ammonia, etc.; (2) the DOT hazard classification in Table 1; and (3) the packing group (usually Packing Group III). This information can be written in a notebook kept in the truck.

Medical certificate. The vehicle driver must have a current medical certificate stating that the

driver is capable of handling the vehicle. This can be obtained from any medical physician and is good for two years.

Vehicle inspection. The vehicle must be inspected by a qualified mechanic annually and the

certification kept in the vehicle. Most mechanics can provide this service. Sergeant K.D. Kelley with the Alabama Department of Public Safety, Motor Carrier Safety Unit Operation, said that the owner/operator can do his or her own inspection as long as documentation is kept in the vehicle showing that the inspection was conducted and the vehicle is in good operating conditions. A sample "Annual Vehicle Inspection Report" from J. Keller and Associates is attached for information purposes.

Placards. Appropriate placards (Table 1) must be displayed on all four sides of the vehicle.

Your supplier will offer these to you when you purchase the hazardous material. Name of Company or Farm. Your name or the name of your company or farm should be

displayed on both sides of the vehicle. Fire Extinguisher. Your vehicle must be equipped with a mounted, fire extinguisher rated

"10BC" or greater. Reflective triangles. Your vehicle or trailer must have reflective triangles. The U.S. Department of Transportation's Hazardous Materials Rules were designed to protect our country and to protect farmers and other transporters of hazardous materials from liability. The rules themselves are very long and complicated. However, there are only a few simple things Alabama farmers must do in order to be in compliance. These have been outlined and the attached examples can be copied and used as needed. In addition, agricultural suppliers will provide you with this information when you purchase materials in quantities that fall under these rules. Additional information may be obtained from one of the following sources: Sergeant K.D. Kelley Ms. Marie Cook Motor Carrier Safety Unit Operations Safety Director Alabama Department of Public Safety Alabama Farmers Cooperative, Inc 1708 Cong. Dickinson Dr. P.O. Box 2227 Montgomery, AL 36109 Decatur, AL 35609-2227 Phone: (334) 277-3285 Phone: (256) 308-1672 E-mail: [email protected] E-mail: [email protected] U.S. Dept. of Transportation Hazardous Materials website: http://hazmat.dot.gov/ Alabama Dept. Public Safety Motor Carrier Safety Unit website:

http://www.dps.state.al.us/public/highwaypatrol/mc/

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Table 1. List of DOT HAZARDOUS MATERIALS of interest to agricultural producers Material and classificaion Quantity Placard

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)

More than 119 gallons in a single container OR more than 1,000 pounds

FLA

FLAMMABLEGAS

Anhydrous ammonia (Division 2.2 with TIH hazard)

More than 119 gallons in a single container OR more than 1,000 pounds

NONFLAMMABLE GAS

Gasoline (Class 3)

More than 119 gallons in a single container

FLAMMABLE

Pesticides that bear a DOT poison label (Division 6.1)

More than 1,000 pounds POISON

Ammonium nitrate fertilizer (Division 5.1)

More than 1,000 pounds OXIDIZER

Diesel fuel (Class 3)

More than 119 gallons in a single container

FLAMMABLE

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Hazardous Materials Transportation Security Plan for Agricultural Operations

Agricultural Operation Name: ____________________________________________ Operation Contact Name Preparing Plan: ___________________________________ Town/Community of Operation:___________________________________________ Phone Number(s) of Operation & Contact(s):________________________________ 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 or Oxidizing Materials

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 ! • Poisonous/Toxic Solids or Liquids with DOT "Poison Label"

Pesticides/Herbicides ! (List by name)___________________________________ ___________________________________ ___________________________________

______________________________________________________________________________ 4

Personnel Security To the extent feasible 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 container(s) or packages(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 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 phone no.:______________________________________________ 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:___________

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