Alliance for Uniform Hazmat Transportation Procedures
Governing Board Meeting Summary
Denver, Colorado
January 26-27, 2004
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:
Cindy Bahner--Illinois, by phone
Larry AuBuchon--Michigan, by
phone
Donna Redman, Jim Rhode--Nevada
John Canty--Ohio
Sherry
Soliz-Oklahoma
Alan Abbott--West Virginia
Jim Reed--NCSL
Guests
Mike Manore, Ray Pittman-Bentley Transportation Systems
Meeting Convenes
The Chair of the Alliance Governing Board, Sherry Soliz, called the meeting
to order and asked for introductions to be made around the table.
Next brief state reports were given.
OK-Sherry Soliz said 42 carriers are part of the Oklahoma program and all is
running as expected.
WV-Alan Abbott, the new program director in West Virginia reported that 382
carriers are registered/permitted in West Virginia. He thanked everyone
for the help in transitioning to the program.
IL-Cindy Bahner stated that 110 transporters are part of the Illinois
program. (97 are found on the quarterly report)
NV-Jim Rhode said that Nevada has a carrier base of 700 registered.
Nevada will be placing security information on a semi-secure server for carriers
to receive information to comply with FMCSA security regulations. A
carrier would request access.
Ohio-John Canty reported that 2507 total carriers are registered, of these
280 are haz waste transporters. Ohio has started to crack down on
companies that have not paid fines and forfeitures-not granting any type of
permit until they are paid up. John Canty will send a list of these
delinquent companies to the other states so they can be aware.
Michigan- Larry AuBuchon said 80 haz waste and 321 liquid industrial waste
carriers are part of the Michigan program. They are attempting to mesh the
systems to better track which carriers are in the Uniform Program, in part by
cross checking the EPA identification number. They have found several
carriers not in the system through this cross checking system. Larry
AuBuchon will share the names of the companies who appear to not be part of the
Uniform Program.
Minnesota was not available to report, but has 671 carriers in the latest
quarterly report.
The NCSL report was given by Jim Reed. He stated that NCSL had received
a new $100,000 grant from FMCSA to support Alliance activities. He also
said there will be some appearance changes on the Alliance web site as part of
an NCSL web site redesign. The substance will remain the same. 3300
overall Alliance home page hits were recorded in 2003, with a total of 6972 hits
for all online Alliance hazmat documents.
Federal permit
Several states and the Alliance sent comments last October regarding the
proposed federal safety permit for carriers of certain types of hazmat. It
seems that no one commented favorably. Comments viewed on the docket more
or less concurred with the position of the Alliance. (Rich Moskowitz of
the American Trucking Associations was scheduled to report on recent actions
related to the federal permit, but was unable to participate due to
illness.)
Administrator’s Manual
Jim Reed walked through the revised Administrator’s Manual. The
changes that the Board approved at the January 2003 meeting have been
incorporated. Annually at future January meetings, the manual will be
revised to incorporate changes agreed to during the previous year. Several
additional suggestions were made to add to the manual, such as adding FEIN
numbers. These will be incorporated and a clean, revised manual will be
sent out in the next few months.
Funding
There have been no developments regarding Booz Allen and any Research and
Special programs Administration funding for the Alliance database.
Transportation Security Administration funding was discussed. It was
agreed that John Canty, Sherry Soliz and Alan Abbott will look into how to apply
for a TSA grant. Jim Reed will contact a TSA intergovernmental person who
has been attending NCSL meeting. Discussion ensued on the proposed federal
regulation requiring notification every 2-3 hours if a driver does not check
in.
Application changes
Jim Rhode discussed the new HM-232 requirements regarding security. It
will likely become a part of compliance reviews. More information is
required on what classes and quantities of which materials it applies
to. The proposed certification on the Alliance application regarding
security was discussed and approved. It was also proposed and agreed to
add an asterisk and note to the table of divisions and classes to reference
security requirements.
Discussion ensued on how to handle n/a answers on the application. How
would n/a be treated and whether applicants should have to certify even if it
does not apply to them.
Other changes to the application were discussed and approved. These
included:
The issue of mentioning other types of waste like Michigan’s liquid
industrial waste on the front page of the application was discussed.
Sherry Soliz suggested language that would be placed on the application cover
page.
“Other state-specific permits/registrations may apply to transportation of
waste in Illinois and Michigan that is not included in the requirements of the
Uniform Program, such as state-specific waste, liquid industrial waste, medical
waste, solid waste and manifest requirements.. Contact the appropriate
state with questions.”
Motion to approve without state names was offered by Cindy Bahner, with Larry
AuBuchon seconding. The vote was 3-3. MI, IL, OK yes. WV, OH,
NV no. It failed on the tie vote.
Bentley Presentation
The chair called on representatives of Bentley Transportation Systems for a
presentation.
Mike Manore and Ray Pittman presented some ideas regarding permitting,
routing and tracking of hazardous materials related to security. An
overview of hazmat stakeholders, initiatives and concepts was presented.
Various ideas of integrating elements of the Uniform Program with new border
security requirements, with routing, tracking were discussed. Broad issues
of regulating hazmat and balancing security with safety concerns were
discussed. Sherry Soliz thanked Mr. Manore and Mr. Pittman for their
presentation.
Discussion of the application resumed. Consolidation of the redundant
parts of the top and bottom parts of the cover page were approved.
Alan Abbott asked if a copy of the security plan could be requested.
All agreed that yes, on a case by case basis such plans could be requested and
reviewed. Members agreed to allow each state some flexibility on this,
since FMCSA has yet to issues any guidelines.
Outreach
Sherry Soliz suggested the Alliance invite the Dangerous Goods Advisory
Committee (DGAC), the American Trucking Associations (ATA), the Interested
Parties for HMTA Reauthorization to the June meeting. In addition,
representative of the Multi-State Highway Transportation Association (MHTA)
should also be invited to the June meeting. It was suggested to invite
these guests very early and ask for presentations
Alliance efforts need to focus more on outreach. Sherry Soliz suggested
that the Alliance come up with a strategy that focuses on key people in key
states-state staff, legislators, trucking associations. Key to this is
finding out states that are introducing legislation that may be an opportunity
for input from the Alliance. NCSL is able to research bills in states
periodically, perhaps every few weeks, to identify possible states.
Sherry Soliz will see which states submitted comments on the federal permit
as possible interested states. Other possibilities include looking to
corridor states like Colorado and Kansas and reaching out specifically to the
permit people in the key states. Jim Reed will contact Cynthia Hilton to
see who is the key hazmat person. Alan Abbott suggested using the proposed
federal permit as an opportunity to recruit new states since the feds have
proposed that equivalent state programs will receive less scrutiny. Discussion
ensued concerning working with other groups like the Commercial Vehicle Safety
Alliance (CVSA.)
Sherry Soliz reported that discussions with Missouri on joining the Alliance
are ongoing. Barb Hague will receive a copy of the Administrator’s
Manual.
Data Repository
The Governing Board asked NCSL to study the feasibility and cost of NCSL
doing the database. NCSL was asked to give some initial feedback by April
and present a preliminary proposal. A more developed proposal would be
presented at the June meeting.
Alliance Dues
Discussion of a proposed dues invoice ensued. Some minor changes were
suggested and on Jim Rhode motion, and Cindy Bahner’s second, all voted in
favor. It was requested that the invoice be mailed by NCSL in early
February. The revised dues invoice is attached to this meeting
summary.
January 27, 2004--Day 2
Buzz Danzl-Minnesota joined the conversation via telephone.
Application changes
The group revisited the cover page and reconsidered language regarding other
types of waste. Larry AuBuchon submitted language to the group. It
read:
“Note: Transportation of wastes not covered under the Uniform State
Hazardous Materials Transportation Motor Carrier Registration and Permit Program
may have additional permit/registration/manifest requirements in various Program
States. Questions should be directed to the specific Program State regarding the
waste transportation as noted below:
Illinois: Non-hazardous special
waste, potential infectious medical waste, used tires
Michigan: Non-hazardous
liquid industrial waste, scrap tires, PCB.”
John Canty moved adoption, Sherry Soliz seconded, and it passed
unanimously.
It was also agreed to place state web site addresses and the NCSL web site on
Appendix A of the Application and to the Administrator’s Manual.
All members will send web sites to Jim Reed. Also agency FEIN numbers will
be added as well to Manual. Appendix B will be moved to the beginning of
the Manual.
West Virginia Peer Review
Alan Abbott began walking through the peer review checklist that he had
completed
Under Question C7, it was noted that Part III information is kept
confidential, while the rest is publicly available.
While discussing Question F7, it was recommended that hazardous waste haulers
be checked/verified for their EPA number through RCRIS to ensure match up of
names and numbers. Alan noted that WV has only 21 waste
transporters.
On Question H2, Sherry Soliz recommended that West Virginia use the RSPA
incident database.
Member states found the West Virginia program to be in compliance and thanked
Alan Abbott for his work in the smooth transition of West Virginia’ program
leadership. John Canty moved and Jim Rhode seconded to find West Virginia
in compliance with Alliance procedures. It passed unanimously.
Sherry Soliz noticed that the credential still lists the ICC#. She
recommended that it be replaced with the MC#. All agreed and will do it as
soon as is possible.
Discussion ensued around the next meeting and ways to get people to
attend. A letter will be sent to Michigan and Minnesota from Chair Sherry
Soliz inviting their attendance in person.
Jim Reed will send out the MCSAP letter again which approves states using
MCSAP funds to pay Alliance dues.
The Board reviewed and approved a revised Alliance dues invoice.
Audits
Jim Rhode quickly reviewed Nevada’s desk audit procedures. The
discussion was tabled for a future meeting due to the shortness of time
available.
Greg Fulton, President of Colorado Motor Carriers Association joined the
meeting and spoke about the importance of trucking in Colorado. He
discussed the previous effort in Colorado to try to pass a bill to implement the
Uniform Program. He said it would help to simplify the application and
make it available to fill out online. He suggested coinciding our meeting
with the National Tank Truckers Committee (NTTC) or ATA to reach out more. He
answered a number of questions from Alliance members. Chair Soliz thanked
him for taking time to make remarks to the group.
The next Alliance meeting will be June 14-15, 2004 in Denver at the Warwick
Hotel. The group will attempt to schedule its winter meeting in
conjunction with COMED in Florida. Oklahoma City was discussed as a future
meeting site as well.
The meeting was adjourned.
“TO DO” LIST from Governing Board Meeting in Denver, Jan.
2004
All Members
A. Abbott
L. AuBuchon
J. Canty
J. Reed
J. Rhode
S. Soliz
-
Send OCC website address to J. Reed - DONE
- Get on State websites and make a list of the State agencies that permit
HM/HW - share with J. Reed & J. Canty
- Send email to C. Bahner & A. Abbott regarding RSPA hazmat incident
data - how to download and view accident data
-
Send letter to B.Danzl’s supervisor regarding attendance at meetings
(Ward Briggs, Director, Office of Motor Carrier Services) - DONE
- Send letter to L. AuBuchon’s supervisor (same thing) George
Bruchmann, Division Chief, Waste and Hazardous Materials Division - DONE
- Check w/ Lt. Hardridge for MCSAP funds to handle Oklahoma Alliance travel
-
Get contact information from Hardridge to start meeting in conjunction
with COHMED winter meetings - get on opening meeting agenda -
DONE
Dues Invoice
Alliance for Uniform Hazmat Transportation Procedures
For
January 2004-December 2004
Date of
Invoice:
February 5 , 2004
Due
Date:
March 30, 2004
Number of motor carriers registered in STATE NAME: _________
Amount Due from STATE NAME: $________
Amount Payable to : National Conference of State Legislatures
(NCSL)
7700
East First
Place
Denver,
Colorado
80230
Attention:
Jim
Reed
Note: In receiving these funds, NCSL is acting at
the direction of the of the Governing Board of the Alliance for Uniform Hazmat
Transportation Procedures. The Governing Board authorized dues payment by
Alliance member states, a dues schedule and collection of such dues by NCSL at
its June 2001 meeting. NCSL will use said funds to pay for expenses in
connection with duties performed for the Alliance for Uniform Hazmat
Transportation Procedures. Such duties include NCSL providing staff to the
Alliance. Staff duties include the preparation of meeting summaries and
other documents as requested by the Alliance Governing Board; organization,
management and travel to meetings of the Alliance Governing Board; keeping the
Alliance application and accompanying documents up to date; interfacing with key
parties related to the Alliance Uniform Program. Other duties include
hosting and maintenance of an Alliance web page; assistance with peer reviews of
Alliance state members; and assistance to the Alliance in developing and
obtaining funding for a central Alliance data base. NCSL will provide an
annual report to the Alliance Governing Board on the amount of funds remaining
in the Hazmat Alliance Account.
Questions on this invoice? Contact Jim Reed, 303-856-1510,
jim.reed@ncsl.org
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