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Alliance for Uniform Hazmat Transportation Procedures
Regular Meeting of the Alliance Governing Board In Conjunction with COHMED
San Diego, California
January 24-25, 2006
Meeting Summary
The Alliance for Uniform Hazmat Transportation Procedures consists of seven states that have implemented uniform forms and procedures for the permitting and registration of motor carriers of hazardous materials pursuant to 49 USC 5119. This approach, called the Uniform Program (UP), has been adopted by Illinois, Michigan, Minnesota, Nevada, Ohio, Oklahoma, and West Virginia. A governing board made up of member Alliance states oversees activities related to implementation and operation of the Uniform Program. The Alliance is governed by several documents including the final report of the Alliance working group to the U.S. Secretary of Transportation and the Uniform Program Administrator’s Manual. The Alliance is staffed by the National Conference of State Legislatures (NCSL).
Attendees:
Alliance States:
John Canty, Ohio, Chairman of the Alliance Governing Board
Donna Redman, Nevada
Sherri Twidwell, Oklahoma
Mike Nechvatal, Illinois
Alan Abbott, West Virginia
Larry AuBuchon, Michigan (By telephone)
Jeanette Noechel, Michigan (By telephone)
Absent: Minnesota
Jim Reed, NCSL, Staff to the Alliance
Guests:
Ben Goodin, Missouri
Chuck Gohring, Missouri
Paul Grey, MDS Nordian
James Krause
Rich Moskowitz, ATA
(Note: The day before the board meeting, Chairman John Canty made a presentation on the Hazmat Alliance and Uniform Program to 96 attendees of the COHMED conference.)
Opening
Chairman John Canty called the meeting to order and welcomed the board members states and guests. Introductions were made around the table.
The meeting summaries from the June 2005 meeting in Boston and October 2005 meeting in Jefferson City, Missouri were presented for review and approval, having been e-mailed to members previously. Both summaries were approved unanimously.
State Reports
Ohio: 2,352 carriers in program, 201 are hazardous waste carriers. The Alliance desk audit forms are being sent out with every renewal now to check all the carriers in the program. Once these come in, they will be analyzed and follow-ups will be undertaken. Len Shenk administers the program in Ohio.
Oklahoma: 45 hazardous waste carriers. Eight have expired or been cancelled. Some need to be contacted to notify them that they are transporting without proper credentials. Oklahoma plans to ramp up to permitting all hazmat carriers in a couple years.
West Virginia: 300 carriers. Ready to be equivalent with the federal permit--they have adopted all federal codes. Renewal process starts on February 1.
Illinois: Steady state situation in Illinois, 90 haulers. Some will transfer to Missouri. No current interest in all permitting hazardous materials.
Nevada: 704 carriers, 26 waste. In the middle of renewals right now. They have finished working on enabling regulations to do the federal safety permit. Donna will send out the new language when ready. Industry was very pleased with the process.
Missouri: Has submitted its application for incentive grant funding. Missouri Department of Transportation collects the funding now on hazardous waste registration and gives to the Department of Natural Resources. Missouri wants to expand to all hazardous materials eventually.
Michigan: 81 hazardous waste and 334 industrial waste carriers. No changes in program.
Minnesota: No Report. (643 carriers in data base.)
NCSL: Cooperative agreement renewal is pending further discussions with FMCSA. The NCSL Annual Meeting in August 2006 is a possible forum for education of legislators on the Uniform Program as it was the two previous years.
Report on Annual Dues
Jim Reed presented a report on dues collected from Alliance states. $64,000 has been collected to date. The money is held by NCSL for future use by the Alliance. Potential uses of the money include a possible data repository and staff support to the Alliance.
Incentive Grants
The Board considered Missouri's application for a $20,000 planning grant under the Alliance's incentive grant program. John Canty reviewed the details of the application for the Board. All elements of the application were in order. John Canty moved acceptance of the application. Alan Abbott seconded. Ben Goodin said they have had an interest in this for a long time and that it really helped when the Alliance came to Jefferson City to meet with Missouri staff and the industry. The Board voted unanimously in favor of the motion. NCSL will disperse the funding after completing internal paperwork, in consultation with FMCSA. The Board will be working closely with Missouri as it progresses towards full Alliance membership.
Discussion ensued on how the incentive grant program would continue to work after March 31, 2006, when current funding expires. No funding has been identified at this time for additional incentive grants.
(Subsequent to the meeting on February 13, 2006, the state of Alaska submitted an application for a planning incentive grant. It was submitted to the Alliance Governing Board for an e-mail vote. On February 21, 2006, the Board approved the Alaska application unanimously via e-mail and directed NCSL to disperse the funding.)
Outreach Efforts
Chairman Canty walked through the outreach chart. The progress in each state was identified. States to be approached on a priority basis include California, Colorado, Idaho, Massachusetts, New Jersey, and Wisconsin. Legislation will be introduced in New Jersey in February, according to John Canty.
Paul Gray talked about the Gamma Industry Processing Alliance (GIPA) which consists of several companies that use gamma radiation for various commercial purposes. Gamma rays from cobalt-60 are used to sterilize medical instruments. Cobalt-60 is also used to treat cancer patients and in food sterilization processes. He mentioned the possibility of working together in a symbiotic way. The member companies have an exemplary safety record. The Alliance is a very welcome and important approach--states recognizing each others' laws and working together for uniformity. He wants to see reciprocity to spread, especially with CVSA Level 6 inspections done by states. The GIPA may be interested in working with the Alliance to increase reciprocity. One state accepting what another state has done is a principle that GIPA supports.
Alliance members were very welcoming of Paul Gray's remarks. Mike Nechvatal stressed the importance of industry involvement. Paul Gray asked for a backgrounder on what the Alliance does that he could distribute. GIPA has monthly conference calls and Paul Gray will bring this up at the next call. Mr. Nechvatal said that what was persuasive is that states should be in compliance with federal laws. The Board asked Jim Reed to prepare the backgrounder and send out for comment.
Funding Issues
Discussion ensued on the use of funding that may be left over at the end of March. Possible uses of the funds included data base planning, working towards an on-line application form, improving the assembling and distribution of the quarterly report, and updating the Alliance brochure.
It was suggested to add the on-line fee calculation to the NCSL website and add this notation to the application form. Larry AuBuchon suggested that it be set up so that the proper values like IRP percentage would appear in an on-line worksheet to automatically calculate fees for Alliance fee calculations by applicants. This effort was of interest to the Board. Various permutations and how state fee processes work was discussed. It was proposed to explore an on-line application process and/or a popup calculator. Jim Reed will put together a write up of data needs to be used to approach an IT contractor.
Peer Reviews
How peer reviews were to be conducted was discussed. The problem of traveling out of state for Michigan and Minnesota was brought up. It was agreed that neither an on-site visit nor an in-person appearance by the state being reviewed was necessary. The review can take place remotely. Files to be reviewed could be forwarded ahead of time along with the completed peer review checklist.
The criteria for selecting files to review were discussed. Examining unusual cases is one criterion. Timeliness and follow up are issues as well. Alan Abbott suggested a way to randomly select files. How many years do you go back? Three was suggested. The peer review checklist will need to be revised to coincide with equivalency changes. Jim Reed will revise and present changes prior to next meeting for approval.
A schedule for future reviews was set. Minnesota would be done at the June 2006 meeting, and Illinois and Michigan would be done in January 2007. The schedule approved in June 2005 will be updated beyond these dates and presented at the June 2006 meeting.
Alliance-FMCSA Agreement
Revisions to the agreement that had been made by FMCSA were reviewed. A background section on the history of the Alliance was added for the benefit of FMCSA to place the agreement in context legally.
To facilitate the adoption of the Alliance model legislation and to stay equivalent with the federal HMSP, it was suggested to use language such as "as amended" to prevent the need to go back every time for legislative approval when the federal program changes.
Aside from a few minor changes, the other major issue was the language relative to the data repository. The proposed FMCSA change says that FMCSA will "support and work with the Alliance" to establish the database as opposed to the Alliance language of "develop and maintain" a data base.
Concern was expressed about the potential change of direction in FMCSA's commitment to a data repository. Loretta Bitner had previously explained to John Canty and Jim Reed that FMCSA is unable to commit legally and budget-wise to the "develop and maintain" language. Whether this was acceptable was discussed. Many felt it was good to have a signed agreement for a variety of reasons. The Board agreed that if this is the best that FMCSA could offer, then the Alliance should sign on.
Equivalency Status
Chairman Canty asked each state to review its equivalency status.
Nevada: Done. Regulations have been changed to be equivalent retroactive to January 6, 2006.
Ohio: Working--hoping to do so by administrative rule. If not deemed legal by agency counsel, legislation will be submitted for the needed changes. Either way, Ohio will get it done, hopefully by year-end.
West Virginia: Done. Legislation and rules are broad enough to accommodate equivalency as of now.
Oklahoma: Delayed. A problem has arisen for legislative changes and equivalency may be delayed.
Illinois: Unsure of equivalency effort. There is a general Alliance problem with the clash of safety agencies v. environmental agencies. To add the new suspension/revocation criteria, administrative rules may need to be changed.
Michigan: Working. State Police will do the safety reviews so Larry's office will be able to move towards equivalency, perhaps by year's end. He is working on getting a legislative sponsor. The signed FMCSA-Alliance agreement is also a necessary piece.
Minnesota: No report.
Incorporation
Mike Nechvatal stated that the group should study the advantages and disadvantages of incorporation. The base state agreement is a related issue. He said that to handle money, a group needs to incorporate. He recommended continuing study and the Board agreed.
Model Legislation
The Alliance model legislation is in need of revision to reflect the Alliance's move to equivalency with the federal HMSP. The ten suspension/revocation criteria need to be added to our model legislation for federal equivalency. It was suggested to break the new federal high hazard groups out into a new section with all its specific requirements. Model law will be drafted by Jim Reed and sent out for Board review.
Input for New Working Group
John Canty suggested that the Board brainstorm ideas about what the Alliance wants out of the new working group process. He suggested that the Alliance be ready with ideas as the process will start late and move quickly.
He proposed that the Alliance become the one-stop shop for applications for state and federal hazmat transportation permits and registrations including collecting the money. The Feds need Alliance help to get compliance with their programs. It was agreed that bold ideas like this one was needed. It would be supported by the trucking association. John Canty will commit these ideas to paper.
Mike Nechvatal suggested there has to be a better way to merge the cultures of waste only states and the truck safety agencies. Larry AuBuchon mentioned that this brings up issues with one-stop in a state where the environmental agency is the Alliance member.
Administrator's Manual
Jim Reed suggested that a task group revise the Administrator's Manual. It is in need of revisions to incorporate equivalency with the federal permit and to add revisions voted on by the Governing Board over the last two years. Chairman Canty asked for volunteers to work on this effort. Cindy Bahner, Alan Abbott, John Canty, Jim Reed and Chuck Gohring will form the group to come to NCSL's office in Denver on March 29-30 to work through the manual. (This meeting was subsequently postponed until a later date, to be determined.)
Enforcement Question
Sherri Twidwell brought up the issue of carriers continuing to transport after permits have expired. How do other states deal with this? Larry AuBuchon said it happens often. Michigan counts each separate illegal transport as a separate enforcement action. An administrative "fast-track order" is processed quickly and sent to the company to cease and desist. Offenders are often caught in Michigan's manifest tracking. He will send his state's approach to Sherri Twidwell.
Alliance Board Meeting
Day Two
January 25, 2006
FMCSA Update
The Board was reconvened by Vice-Chair Donna Redman. The first item of business was a report from Loretta Bitner, the Alliance liaison from the Federal Motor Carrier Safety Administration. FMCSA supports the Alliance. Loretta Bitner is currently looking for funding to start a new cooperative agreement to support the Alliance by April 2006. Such an agreement will include language authorizing the use of incentive grants.
She stated that there is no progress yet on startup of the working group due to lack of identified funding within FMCSA's budget. In terms of meeting the deadlines, other FMCSA SAFETEA-LU items have a higher priority for now and the actual deadlines may slip some, because they want to ensure a quality product. FMCSA still wants to fund the data base but has not identified funds. It has estimated a cost of $500,000 to $1,000,000. In about two months, she should know some answers about funding.
In terms of the proposed Alliance--FMCSA agreement, Loretta wants to add a clause identifying a benefit of using the data base as that of cross-checking carriers in terms of equivalency. She will send out one more draft for Alliance review, the Alliance will then approve and sign and then she can take it through the final steps of approval at FMCSA. As discussed yesterday, the main issue of the previous draft was FMCSA's concern over long-term maintenance of the database. A possible renewal term of the agreement was mentioned as an option.
The issue of FMCSA certifying that states are equivalent was discussed. Ms. Bitner proposed a process like the Alliance peer review for FMCSA to ensure that states are indeed undertaking an equivalent program. Alan Abbott asked for FMCSA to provide a flow chart of the federal HMSP process for West Virginia's use in understanding the federal review process. The Board asked for the checklist in advance that FMCSA will use to judge equivalence in order for states to be ready with the proper paperwork and staff preparation. The possibility of doing Alliance and FMCSA peer reviews in tandem was mentioned. Ms. Bitner asked for a copy of the Alliance peer review for her reference in drafting theirs.
Loretta Bitner closed by asking "what does the Alliance want?" Her answer was the data base, regulations mandating the uniform program and self-sufficiency within the next several years. FMCSA would like to see 21 states within 5 years.
Mike Nechvatal asked for some carrot or stick to get additional states involved. Ben Goodin asked for help in getting the industry on board. Chuck Gohring brought up the notion of a one-stop application process that would serve the needs of all permitting processes. Loretta Bitner said this concept coincides with current efforts within U.S. DOT to partner with sister agencies and make regulatory requirements less burdensome on the regulated community.
Jim Reed reviewed action items from the meeting summary. There being no further business to come before the Board, the meeting adjourned.
The next Alliance Board meeting will be held in conjunction with NCSTS in Birmingham, Alabama on June 13-14, 2006.
To Do List
From January 2006 Alliance Governing Board Meeting in San Diego
- Notify FMCSA by letter of Board's approval of Missouri application.
- Write "Backgrounder" on Alliance for use in explaining the Uniform Program to industry groups.
- Send out 2006 Alliance dues invoices to Alliance member states, based on January 2006 quarterly report numbers.
- Work with FMCSA to secure new cooperative agreement.
- Develop criteria for selection of files for review during peer reviews.
- Add language to Administrator's Manual allowing remote peer reviews.
- Contact Minnesota to notify them of their pending peer review in June 2006.
- Establish and distribute a new peer review calendar.
- Notify additional parties about the availability of incentive grants.
- Identify data base planning needs for possible subcontract--on-line application, on-line fee calculation, streamlining of quarterly report.
- Update, print and distribute Alliance informational brochure.
- Print new Alliance folders.
- Receive from FMCSA revised Alliance -FMCSA agreement, review, approve execute and disseminate to Alliance member states.
- Alliance staff will develop information on the advantages and disadvantages of incorporation for the Alliance states, along with some analysis of the necessity of an actual base state agreement with signatories.
- Revise Alliance model legislation to include federal equivalency language.
- Alliance to identify its goals for what the new working group should accomplish.
- Task group will make necessary revisions to Administrator's Manual, meeting planned in Denver March 29-30, changes to be sent out for Board approval in April.
- Alliance will hold its periodic conference call with FMCSA in April 2006.
- Send Alliance peer review checklist to Loretta Bitner.
- Consider a new Alliance logo.
 Hazmat meetings
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