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While many hazardous materials are essential to our industrial society, there are certain prudent steps that need to be taken to minimize the risks associated with storage, disposal, use, and handling of these materials. In 2004, to ensure such risks are minimized, the General Assembly passed the Hazardous Material Security Bill (House Bill 493). Subsequently, the Maryland Department of the Environment (MDE) promulgated a corresponding Hazardous Material Security Regulation (Code of Maryland (COMAR) 26.27.01.01 - .12) and has begun implementation.
Hazardous Material Security Regulation Requirements
The new law and regulations apply to facilities that store, dispense, use, or handle hazardous materials. Exempted facilities include those in jurisdictions that have requirements equivalent to HB 493, or that are covered by a comprehensive federal site plan; railroad facilities; and retail sellers of commercial fertilizer for agricultural use.
The primary requirement for regulated businesses is to notify the Department of plans that address potential security threats and any changes made to reduce potential risks. The Reports must be filed with the Department by October 2006. Recognizing that such plans may contain or reveal trade secrets, the Department will keep these documents in confidence and the Department of State Police will make determinations regarding any release of materials received under this requirement.
Most facilities that handle hazardous materials already have plans for the safe and proper storage, disposal, use and handling of such materials. These plans may fulfill the new reporting requirement if the facility can show that it meets the following standards:
- Development and implementation of security measures commensurate with risks;
- Documentation of security management programs, processes, and procedures;
- Training, drills, and guidance for employees, contractors, service providers, and others, as appropriate, to enhance awareness and capability;
- Communications, dialogue, and exchange of information with employees, communities, and government agencies and officials;
- Communications, dialogue, and exchange of information with employees, communities, and government agencies and officials;
- Internal audits pursuant to Regulation 26.27.01.06 to assess security programs and processes and the implementation of corrective measures; and
- Third-party verification pursuant to Regulation 26.27.01.07 that owners and operators have implemented the physical security measures that have been identified under the required periodic analysis of potential security threats, vulnerabilities, and consequences.
MDE anticipates that most plans will meet all of the above standards with the exception of number 7. In this case, a memorandum informing the Department when and how that requirement will be met, may serve to fulfill the reporting requirements. For those facilities that do not have existing plans, the Department has developed guidance and a “default” risk analysis as an aid to help companies achieve compliance.
Although the law is not very complicated, each facility manager should read the regulations carefully to ensure compliance and not depend on summaries such as this or on verbal communications. As always, it is the facility’s responsibility to ensure full legal compliance.
Fee and Fine Provisions
The cost to administer the new program is funded by a fee structure provided for in the new law. Every five years, each of the regulated facilities is subject to a $2,500 fee. County and municipal facilities are exempt from this fee. Additionally, the law and regulations allow for fines of up to $1,000 per violation. The responsibility for enforcement lies with the State Police.
Contact Information
Any facilities that believe they may be required to report but have not received notice regarding the Hazardous Material Security law should notify Richard Eskin at 410-537-3572 or reskin@mde.state.md.us.
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