A number of laws affect how ILTA members control unauthorized access to terminal facilities. ILTA works to ensure any new security mandates or expansions of existing regulations are economically justified, do not impose unreasonable expectations on terminals, and achieve policy objectives. Additionally, ILTA supports the consideration of regulatory alternatives and outreach through industry consultation and open communication.
Chemical Facility Anti-Terrorism Standards (CFATS)
In 2007, the U.S. Department of Homeland Security (DHS) issued the final CFATS rule. ILTA has concluded that DHS improperly included gasoline stored in aboveground liquid terminals as preliminarily high-risk in the regulation. As a result, in 2009, ILTA submitted a Petition for Declaratory Order to DHS requesting it to declare gasoline, as a mixture with a National Fire Protection Association flammability hazard rating of 3, exempt from CFATS. Since that time, gasoline terminals have not been required to comply with the most onerous requirements of the rule. ILTA continues to advocate for complete exclusion of gasoline terminals from the CFATS regulation.
Maritime Transportation Security Act of 2002 (MTSA)
In 2002, the Coast Guard implemented new security regulations for facilities in U.S. ports and along U.S. waterways. MTSA established a set of measures designed to reduce the risk of a terrorist attack at a marine facility. ILTA members completed security assessments, developed security plans, and implemented a number of security measures and procedures at their facilities. As new rules are considered that impact MSTA-regulated facilities, ILTA has worked closely with the Coast Guard to highlight key issues that should be considered during the process of development and implementation of regulatory policy and compliance strategies.
Transportation Worker Identification Credential (TWIC)
In 2016, the Coast Guard issued a final rule requiring marine facilities to conduct electronic verification of TWICs. The final rule dramatically expanded the applicability of the TWIC reader requirement to facilities handling certain dangerous cargo (CDC) in bulk. As a result, ILTA, along with the American Chemistry Council and the American Fuel and Petrochemical Manufacturers filed a regulatory petition with the Coast Guard. The associations requested that the agency 1) amend the rule to reestablish the policy that CDC be handled in bulk over the marine dock of a facility via a vessel-to-facility interface in order to trigger the new requirements, and 2) extend the compliance deadline. The Coast Guard has stated that it will amend the effective date, giving CDC facilities more time to comply with the regulation. ILTA continues to see a favorable response from the Coast Guard granting the petition and initiating a notice and comment rulemaking to revise the final rule.
TWIC Reader Requirements for MTSA-Regulated Facilities
On August 23, 2016, the Coast Guard issued a final rule which required the use of electronic readers to verify the Transportation Worker Identification Credential (TWIC) for unescorted access to certain facilities regulated under the Maritime Transportation Security Act. Facilities that handle certain dangerous cargo (CDC) in bulk, regardless of transport mode, as well as facilities that receive vessels carrying more than 1,000 passengers would be required to conduct electronic inspections of worker TWIC cards starting on August 23, 2018. In so doing, the agency dramatically expanded the applicability of the TWIC reader requirements through its interpretation of what constitutes a CDC facility. The proposed rule and past Coast Guard policy only considered facilities handling CDC in bulk “over the dock with a vessel-to-facility interface” as CDC facilities and thus subject to the new TWIC reader requirements. During May 2017, ILTA joined the American Chemistry Council and the American Fuel & Petrochemical Manufacturers in submitting a rulemaking petition to request that the Coast Guard: 1) amend the rule to reestablish the policy that CDC be handled in-bulk over the marine dock of a facility via a vessel-to-facility interface in order to trigger the new requirements; and 2) issue a rule extending the compliance date to at least two years beyond publication of the amended rule. Since then, the Coast Guard has indicated that it intends to extend the effective date of the TWIC Reader Rule by three years while the agency reconsiders how it will implement electronic inspection of TWICs; however, it has not been issued as of yet.