The American Trucking Assns. reported on its web site yesterday that legislation has been re-introduced by Representative Markey (D-MA) entitled the “Extremely Hazardous Materials Transportation Security Act of 2005.”
If enacted, this bill would require the Department of Homeland Security to issue regulations imposing additional security requirements for shipments of extremely hazardous materials.
The bill defines extremely hazardous materials as materials that are “toxic by inhalation,” “extremely flammable,” “highly explosive” and any other materials designated by the Secretary of Homeland Security as extremely hazardous.
According to the ATA, these regulations would require:
* Pre-notification of federal state and local law enforcement when an extremely hazardous material is transported near an area of concern (i.e., an area that is designated by the Secretary as posing a particular interest to terrorists).
* A determination by the Secretary of Homeland Security as to whether transportation could be made by alternate route at a lower security risk, except where the origination or destination is located within the area of concern.
* Use of currently available technologies and systems to ensure immediate communication between transporters and all entities charged with responding to acts of terrorism.
* Physical security measures (e.g., passive secondary containment of tanker valves, additional security personnel, surveillance technologies and barriers).
* Creation of terrorism response plans for shipments of extremely hazardous materials.
* Additional comprehensive training for individuals that transport extremely hazardous materials.
* Civil penalties of up to $100,000 and administrative penalties of up to $1 million for violation of a regulation issued under this act.
* The enactment of whistleblower protections.
According to Markey’s web site, the measure was introduced last week.
“Today there is a little luck of the Irish in all of us, but even we Irish don’t recommend relying on luck as a substitute for keeping hazardous shipments secure,” said Rep. Markey. “Across the country, enough chlorine to kill 100,000 people in half an hour is routinely contained in a single rail tanker car that rolls right through crowded urban centers without adequate security protections.”
The representative also said that “the former Bush Administration Deputy
Homeland Security Advisor recently told Congress that toxic-by-inhalation industrial chemicals present a mass-casualty terrorist potential rivaled only by improvised nuclear devices, certain acts of bioterrorism, and the collapse of large, occupied buildings.’
Markey’s web site said that Senator Jon S. Corzine (D-NJ) will introduce a similar bill in the Senate.