Draft
Alliance for Uniform Hazmat Transportation Procedures
Governing Board Meeting
January 24-25, 2005
Fort Lauderdale, Florida
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.
Present
Alliance States:
John Canty, Ohio, Alliance Chair
Mike Nechvatal, Illinois
Cindy Bahner, Illinois (by phone)
Larry AuBuchon, Michigan (by phone)
Buzz Danzl, Minnesota (by phone)
Steve Griswold, Nevada
Donna Redman, Nevada
Sherry Soliz, Oklahoma
Alan Abbott, West Virginia
Guests:
Ben Goodin, Missouri
Brad Waggner, Nebraska
David Pabst, Wisconsin
Loretta Bitner, Federal Motor Carrier Safety Administration (FMCSA), January 25 only
Cynthia Hilton, Institute of Makers of Explosives (IME)
Rich Moskowitz, American Trucking Associations (ATA)
Al Roberts, Dangerous Goods Advisory Council (DGAC)
Staff:
Jim Reed, NCSL
Opening Business
Chairman John Canty called the meeting to order at 10:00 am after the opening session of the Cooperative Hazardous Materials Enforcement Development (COHMED) meeting. The first item of business was approval of the meeting summary from the Denver meeting in June, 2004. The summary was approved unanimously on motion by Alan Abbott and second by Donna Redman.
The meeting summary from the special governing Board meeting held in Oklahoma City August 31-September 1, 2004 was reviewed. On motion by Alan Abbott, with a second by Sherry Soliz, the summary was approved without objection.
State Reports
Mike Nechvatal gave the Illinois report. Illinois will continue to regulate only hazardous waste for the foreseeable future. Illinois has about 90 carriers in the program.
Alan Abbott reported that West Virginia has 330 carriers in its program. Business continues as usual.
Oklahoma had 55 carriers, as reported by Sherry Soliz. Legislation will be carried by the Oklahoma Trucking Association to cover all hazmat. The Oklahoma Corporation Commission will take on all hazmat. She estimated that about 1,000 carriers will be added. Rules will be implemented once the Alliance conforms with federal equivalency
Donna Redman said Nevada has 715carriers. Renewals complete for this year have been completed. She stated that there are 49 carriers in Nevada subject to the federal program.
John Canty said Ohio has registered and permitted about 2400 carriers. The December renewal included information on new federal permit. His department received several calls with questions. The program is in the motor carrier section, which has experienced some staff turnover. He said that Len Shank leads the motor carrier section and is doing the work for now. Relating to proposed program changes, they did not get their legislative request ready in time for introduction. It did not make the PUCO list at this time, but is pending for future introduction. Representatives of ATA and IME at the meeting offered help to states who may need some assistance in getting legislative changes made. John Canty reviewed changes that need to be made in legislation to tighten the language, but he said there is probably sufficient discretion to go ahead with changes to meet federal equivalency.
Buzz Danzl gave the Minnesota report, stating that 700 carriers are in the program. He said that things are running smoothly. Minnesota Department of Transportation (MNDOT) does all the CRs and will continue to do so. MNDOT doesn’t find the federal list very reliable, finding many fewer than on the federal list. Rich Moskowitz confirmed that carriers may be dropping carriage of these federally permitted materials due to requirements to keep communications logs.
For Michigan, Larry AuBuchon said legislation would be needed to change to federal permit equivalency. His program is running as expected, with about 80 carriers.
Jim Reed gave the NCSL report. He said the NCSL hazardous materials transportation policy that endorses the Alliance program was renewed at Salt Lake City meeting in July 2004. Alliance chair John Canty presented information about the Alliance at the meeting and four state legislators expressed interest. Jim Reed said FMCSA provided the fourth year of funding to support centralized Alliance activities. Cynthia Hilton mentioned that Massachusetts legislation to join the Alliance was prepared by the state trucking association.
David Pabst from Wisconsin asked why more states were not joining the Alliance. John Canty suggested that inertia was an issue along with barriers to change including funding issues. Rich Moskowitz, who has been working on hazardous material transportation reauthorization legislation, said this argument has not been persuasive on Capitol Hill. Cynthia Hilton said she was optimistic based on the members of Congress who are open to this issue. Several states members said that state trucking associations need to step forward to support new states joining the Alliance.
Another question involved how equivalency would proceed. In-depth discussion of this was deferred to later in the meeting.
Jim Reed concluded his report by noting that Alliance member state dues invoices will be sent out in February, payable by the end of April 2005.
Missouri was asked to give a report. Ben Goodin said that Missouri implemented one-stop for truck permitting , but the hazardous waste permitting stayed with the Department of natural Resources (DNR). The new director wants to bring it all together and move forward in joining the Alliance. Pete Rahn is the new department head. Jan Stovy is the new division director. Sherry Soliz volunteered to work with Missouri to show them the program. Goodin recommended that we work more with the Commercial Vehicle Safety Alliance (CVSA), especially a new subcommittee called Program Initiatives.
In Wisconsin, according to David Pabst, the DNR does hazardous waste permitting. The Department of Motor Vehicles (DMV) motor carrier services people should be involved in the discussion. Budget cuts and layoffs have impacted their inspection program. He thought Wisconsin would take this on if it could be seen as an advantage in terms of efficiency and cost savings.
Brad Waggner of Nebraska said the DMV motor carrier services division would be the agency to be involved. In addition, the Public Service Commission (PSC) has a cargo tank program, but it is not in effect as no rules have been promulgated.
Desk Audit
The Nevada template for desk audits was reviewed. John Canty asked if the group wanted to set a minimum number of audits per year. No one seemed to want to set a minimum, based on workload concerns. Larry AuBuchon mentioned that the Michigan state patrol does some of these items already. Sherry Soliz said that this could be used as a guideline; all agreed. Flexibility needs to be retained. The issue of what elements are to be audited as part of the application process was brought up. It was mentioned that the Alliance is now envisioning a less intensive audit process than outlined in the Administrator's Manual.
Sherry Soliz moved that the Nevada desk audit be adopted as guidance for the Alliance and placed in the Administrator’s Manual. It was seconded by Donna Redman and passed unanimously.
Petition #1
John Canty reviewed the description of Petition #1 (see attachment for final version.) This petition was formulated during and after the last meeting by the Alliance Governing Board and is being formally considered for adoption by the Board at this meeting. Notice of consideration of this petition (and the following one) was sent to approximately 250 interested parties by NCSL 60 days prior to this meeting.
Item 1 was discussed. Sherry said option B would be a problem for uniformity, except for intrastate carriers of federal hazmats. She recommended distinguishing between intrastate and interstate carriers and other states agreed. The group agreed to amended language under Item 1.
The definition of equivalency was discussed. Cynthia Hilton thought that true equivalency means no separate federal permit, and recommended that the Alliance pursue this.
The question was raised, Is there administrative convenience for carriers? The consensus was that carriers will still apply for both the federal and Alliance permits, but the carrier benefits by not going through another investigation in an equivalent state and could perhaps save time.
An industry person asked if state user fees would go up? The consensus answer was no.
It was clarified that the new requirements only apply to the federal hazardous materials.
Under item 7, Larry AuBuchon said the grounds for revocation and suspension would have to be changed in Michigan, because it may not have the specific items. He noted that some flexibility seems to be built in. And since there likely will be a lag time in implementation, this will allow all the states to make necessary changes. It was recommended that for Item 7, the federal revocation/suspension criteria from the law under be included under along with the existing Alliance criteria.
Rich Moskowitz suggested some minor clarifications with which the Board concurred. A vote on Petition #1 was tabled until the next day that input from FMCSA could be included.
Petition #2
Chairman Canty read Petition #2, which was formulated by Minnesota and opened it up for discussion.
The petition says:
The revised Alliance Uniform Program should:
(1) be administered by the individual states;
(2) be based on and compatible with the new federal safety permit rule;
(3) be primarily directed at addressing safety and security concerns;
(4) cover a uniform set of hazardous materials and/or substances in addition to including those covered by the federal rule; and
(5) be capable of automation and incorporation into the Commercial Vehicle Information Systems and Networks (CVISN) architecture under development by the Federal Motor Carrier Safety Administration.
Buzz Danzl said that 4 of the 5 items are part of Petition #1. The one not included is that a uniform set of hazardous materials be covered by the program, item 4. He argued that this is important for uniformity. Others wanted to keep flexibility to encourage new states into the program. Buzz Danzl said that over time, uniformity would be achieved in some manner by the federal government and we should move to that sooner rather than later.
Buzz Danzl moved the petition, seconded by Sherry Soliz. It was defeated by a vote of 1-6.
Application and Instruction Changes
Sherry Soliz passed out the revised application for review. A new shorter form was created for permit renewal applicants. The application was favorably reviewed by the Board.
Day 2--January 25, 2005
A discussion of changes to the Administrator’s Manual was deferred to a later time, though it was agreed that the newly adopted audit guidelines will be added.
Transition
Chair Canty announced that the next question to discuss was how the application will be used in the transition period. Can the Alliance use the new application now, prior to passage of legislative changes? Sherry Soliz suggested that the application be used now to begin getting carriers used to the process. The entire board agreed that the states could begin using the new application right away. March 1, 2005 was set as the date to begin using the new application. Sherry Soliz agreed to make the application changes agreed to at this meeting and send out changes. Jim Reed will make the necessary revisions to the instructions and send out for review. They will be posted on the Alliance website March 1, 2005.
Members agreed that the official "new program" would be implemented once legislation, if necessary, passed in the Alliance states. Larry AuBuchon raised the issue of states processing a federal hazmat carrier. The board discussed what new reviews would be undertaken. One is the out-of-service and crash rate criteria. A calculation tool is posted on the FMCSA Web site. Loretta Bitner said FMCSA will put out guidance on this. Larry AuBuchon suggested a cookbook approach so that new states could have an idea of what is expected and how it works. The Administrator’s Manual should contain this type of information.
Sherry Soliz said that Oklahoma's program could possibly be in place January 2006. Loretta Bitner said that a determination will be made on a state-by-state basis that its program is equivalent.
Loretta Bitner requested that the NCSL quarterly reports document progress states are making toward implementation of equivalency.
A date for encouraging states to accomplish legislative changes was discussed. The actual extent of needed legislative changes may be small. States agreed to study this. January 1, 2006 was set as a date to fully implement.
FMCSA Presentation
Loretta Bitner said the federal safety permit program started January 1, 2005. The Web site is set up for use in determining out-of-service and crash rates. Permits are being issued on an as-needed basis as carriers' registration renewals come due. Several hundred applications have been received. 40,000 notices were sent to carriers and a training was conducted for safety investigators in Missouri. Compliance reviews will be done through both state and federal efforts depending on the particular state situation. Now that the federal program is up and running, FMCSA can begin to help the Alliance with its issues.
Loretta Bitner said training is under way for doing security compliance reviews (SCRs). She also agreed to help Alliance states get MCMIS access as the Alliance pursues building data elements into MCMIS through the Volpe Center.
Discussion of Petition #1 with Loretta Bitner present ensued. It was agreed that the suggested changes be made by Jim Reed and sent out for review and a vote will be held the week of January 31, 2005. (The vote occurred February 10, 2005.) The essential change was to be clear that the program changes applied only to the hazardous materials covered by the federal permit.
John Canty asked what the benefit was to carriers of Alliance equivalency with the federal permit. Benefits to states would be being plugged into MCMIS.
MCS 150 forms are filed through the PRISM system.
Memorandum of Understanding (MOU) Between the Alliance and FMCSA
The goals of the MOU were outlined. The Alliance will implement an equivalent program and FMCSA will do the following:
1. Eventually eliminate the need for carriers to file the federal form 150B if they have an equivalent Alliance permit.
- Help develop a Database that meets Alliance needs, including the ability to exchange data with MCMIS
- Inform FMCSA district administrators that Alliance activities are eligible for MCSAP funds.
- Continue to provide incentive funds for new states
- Obtain access to MCMIS for Alliance states and MCMIS training
The MOU will be reviewed and modified annually.
Jim Reed was asked to do a draft of letter agreement by February 3—conference call at 8 am MST to vote Petition #1, application changes and draft MOU. (Actual date was February 10, 2005.)
Loretta Bitner requested a regular conference call with the Alliance states. John Canty agreed to set up.
Incentive Grants
Based on an addition to the NCSL Cooperative Agreement with FMCSA, $200,000 is available. Ideas for use included new state grants, money for existing states for data base development, and travel for prospective states to Alliance meetings. Loretta Bitner said it was FMCSA's preference that the incentive funding be used for new states and outreach.
She suggested that states need to find out the benefits of PRISM and money available.
Sherry Soliz and Mike Nechvatal wanted the board to consider funding Oklahoma, Illinois and Michigan for their activities, since they received no funding the first time around.
Cynthia Hilton mentioned that a figure of $1 million has been proposed in Congress and asked that the Alliance examine this number for sufficiency.
Loretta Bitner suggested NCSL send in a suggested budget with several activities—new grants, adjustments for existing states to achieve equivalency, “buddy” state activities (peer review), travel for prospective states to Alliance meetings (outreach), and for outreach presentations as appropriate.
It was agreed that incentive grants would need to be applied for accompanied by proposed budgets. Criteria will be developed.
Outreach
Joim Reed reminded the Board that the Alliance web site is a good and comprehensive source of outreach information.
It was stated that Wisconsin and Missouri may not need legislation to join the Alliance. Washington is interested in the tracking elements of the Alliance program.
Outreach assignment were agreed upon. CVSA—Jim Rhode, John Canty; DGAC--Sherry, MHTA—Jim Reed, AAMVA—Jim Reed.
Sherry Soliz asked Loretta Bitner to find out whether the differing permit time frames-- 2 years federally and 3 years for the Alliance --is a problem for equivalency. Loretta thought that it would not be a problem, but agreed to report back with the answer.
The meeting adjourned. The next meeting will be held in Boston, July 13-14, 2005, in conjunction with NCSTS.
| Attachment
Petition #1
Adopted by the Governing Board of
The Alliance for Uniform Hazmat Transportation Procedures
Changes to Make the Uniform Program Equivalent with the Federal Safety Permit
Considered January 24-25, 2004, Adopted February 10, 2005
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 Governing Board of the Alliance for Uniform Hazmat Transportation Procedures (the Alliance) adopts the following changes to the Uniform Program (UP). The changes delineated below are intended to create a separate permitting element within the existing Uniform Program applicable to motor carriers that transport one or more of the hazardous materials that are covered by the federal safety permit. For the purposes of this paper, these will be known as the "federal hazmats." Presently these materials include:
1. Radioactive material--A highway route-controlled quantity of Class 7 materials;
2. Explosives--More than 25kg of a Division 1.1, 1.2 or 1.3 material or an amount of a Division 1.5 material requiring a placard under 49CFR part 172, subpart F;
3. Toxic-by-Inhalation (Division 2.3 and 6.1) Materials--Hazard Zone A materials in a packaging with a capacity greater than one liter (0.26 gallons); a shipment of Hazard Zone B materials in a bulk packaging (capacity greater than 450 L [119 gallons]) or a shipment of hazard Zone C or D materials in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons);
4. A shipment of compressed or refrigerated liquid methane or natural gas or other liquefied gas with a methane content of at least 85 percent, in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases.
The Alliance has been in discussions with the Federal Motor Carrier Safety Administration (FMCSA) for several months regarding potential equivalency of the Uniform Program (UP) with the new federal safety permit (68 FR 39350), which was implemented January 1, 2005. The rule says that if a state's program is equivalent to the federal program, then FMCSA will issue a safety permit based on the successful issuance of the comparable state permit. Sec. 385.411 would allow FMCSA to issue a federal safety permit, without further inspection or investigation, when it can verify that a state has a safety permit program that is equivalent to the requirements in 49 U.S.C. 5109. The Alliance adopts the following revisions to its program to allow FMCSA verification that the Alliance UP is equivalent to the federal safety permit for those carriers that transport materials subject to the federal permit. The Alliance sets a target date of January 1, 2006 for implementation of these adopted changes.
The Alliance Board also adopts changes to streamline the application and review process based on ten years of experience.
The adopted changes are summarized below.
A list of "Minimum Standards of Equivalency for the Alliance" covering the federal hazmats was provided to the Alliance by FMCSA.
According to FMCSA, the Alliance program, at a minimum, must:
- Recognize the hazardous materials listed in 385.403 as permitted federally hazardous materials and subject those motor carriers that transport the federal hazmats to the requirements for the minimum standard of Alliance program.
- Incorporate an application process to include the pertinent information for evaluating a motor carrier that transports the four federally permitted hazardous materials.
- Incorporate a system that only satisfactory (SAT) carriers can transport the federally permitted hazardous materials
- During a motor carrier compliance review, evaluate the security program for a motor carrier that transports or will be transporting the federally permitted hazardous materials.
- Incorporate a system that will check RSPA registration prior to issuing a HM permit to a motor carrier that transports the federal hazmats.
- Incorporate a process to suspend or revoke a HM permitted motor carrier permit. The Alliance minimum standard for suspension or revocation is not contingent upon FMCSA final rule for HM Safety Permits as long as there is some type of suspension or revocation period.
- Incorporate a system to meet the circumstances in 385.421, which lists ten grounds for revocation and suspension, that will have a means to suspend or revoke a motor carrier’s federal hazardous materials safety permit.
- For motor carriers transporting the federal hazmats, conduct a review of the motor carrier out-of-service and crash rate to determine if it is in the top 30 percent of the national average.
Items 4, 5, and 6 are already part of the existing UP. The Alliance proposes that the remaining equivalency standards be met as detailed below.
1. The Alliance expands its program to register and permit carriers of the applicable
federal hazmats. Four states (MN, NV, OH, WV) already cover these materials. OK will pick up these materials. IL and MI currently regulate only hazardous waste and likely will not include the federal hazmats. To handle this situation, the following steps will be taken:
A.) The other Alliance states will register and permit those interstate carriers of federal hazmats in IL and MI, based on existing UP criteria for base state selection; and
B.) Intrastate carriers of federal hazmats in these states will receive permits from FMCSA.
2. The Alliance revises its procedures to include the pertinent information for evaluating a motor carrier that transports the federal permitted hazardous materials. It already collects information on classes of hazmat transported. Other elements related to including pertinent information for evaluation are included under items 3-8.
3. The Alliance changes its program to require a "Satisfactory" safety rating for carriers transporting federal hazmats. Alliance procedures will be revised to be consistent with FMCSA requirements regarding a temporary permit for carriers of federal hazmats. Under the Alliance program, the permitting of applicants (other than those carrying federal hazmats) that have a "Conditional" safety rating, and meeting other UP review criteria, will continue.
4, 5 and 6 are already part of the Alliance UP and no changes are required.
7. Current Alliance procedures list four main criteria for suspension and/or revocation. These include violations of the HMR that pose imminent hazard to the public or the environment; exhibition of reckless disregard for the public or environment; false statements; and an "Unsatisfactory" safety rating. Additional criteria as found in 49 CFR 385.421 is added to the Alliance program pertaining to carriers of federal hazmats. These new grounds for suspension or revocation of motor are:
- No renewal application,
- False information,
- Final safety rating less than satisfactory,
- Failure to maintain satisfactory security plan,
- Failing to comply with regulations in a manner showing motor carrier is not fit to transport hazmat,
- Failing to comply with OOS order,
- Failing to comply with any other order in a manner showing the carrier is not fit to transport hazmat,
- Failing to maintain minimum insurance,
- Failing to maintain RSPA registration,
- Loss of operating rights or suspended registration for failing to pay.
8. For motor carriers transporting the federal hazmats, Alliance procedures will be revised to conform with the FMCSA's review standard regarding motor carrier out-of-service and crash rate.
Additional Revisions
The application is reformatted and the instructions are incorporated into the application. Questions eliminated include Part II A 2 regarding type of business and Part II C 1 regarding a carrier's safety rating. The language "listing and explanation should be identified as attachment XX to this application" are eliminated from questions Part II D 1, 2 and 3 and question E. Under Part II H, the questions asking for the location of financial responsibility forms is proposed to be eliminated. Part III, "Additional Information Required From Motor Carriers of Hazardous Waste" will be retained and made optional for new states to use. Part IV includes a new certification pertaining to safety ratings, out-of-service rate and financial responsibility. The Part IV signature line will specify the signature of the owner or officer of the company. A consolidated one-page fee worksheet will be used instead of the existing multiple page worksheet.
(Adopted unanimously by the Alliance Governing Board in a conference call vote held February 10, 2005.) |
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