Alliance for Uniform Alliance for Uniform Hazardous Materials Hazardous Materials

Transportation ProceduresTransportation Procedures

Alan MartinAlan MartinDeputy Director, Public Deputy Director, Public

Utilities Commission of OhioUtilities Commission of Ohio

Uniform Hazmat Registration Uniform Hazmat Registration ProgramProgram

A base state, reciprocal program for the A base state, reciprocal program for the registration of Hazardous Materials registration of Hazardous Materials Transporters Transporters

Each motor carrier of hazardous materials Each motor carrier of hazardous materials or hazardous waste registers with one of or hazardous waste registers with one of the participating states (Base State).the participating states (Base State).

The Base state reviews and approves an The Base state reviews and approves an application application

Program BenefitsProgram Benefits

Consistent regulations across statesConsistent regulations across states

More uniform application procedures across More uniform application procedures across statesstates

Easier identification of hazmat carriersEasier identification of hazmat carriers

Better information sharingBetter information sharing

States can more carefully evaluate applications States can more carefully evaluate applications since the burden is spread among all memberssince the burden is spread among all members

Brings greater certainty to the registration Brings greater certainty to the registration processprocess

Program ParticipationProgram Participation

Alliance Goal: To make the Uniform Alliance Goal: To make the Uniform Program permit valid for hazardous Program permit valid for hazardous materials operations on a national basismaterials operations on a national basis

Program is open to all statesProgram is open to all states

Current Participants:Current Participants:– Ohio, West Virginia, Illinois, Michigan, Ohio, West Virginia, Illinois, Michigan,

Minnesota, Nevada, OklahomaMinnesota, Nevada, Oklahoma

Program ComponentsProgram Components

The program consists of three The program consists of three componentscomponents– RegistrationRegistration– permittingpermitting– hazardous/radioactive waste disclosure. hazardous/radioactive waste disclosure.

A governing board oversees the programA governing board oversees the program– Consists of participating statesConsists of participating states

To ensure consistent program standardsTo ensure consistent program standardsTo build trust among states. To build trust among states.

FeesFees

The Uniform Program does not mandate a The Uniform Program does not mandate a fee structure fee structure

States can assess fees as they decide as States can assess fees as they decide as long as the revenue is used for hazardous long as the revenue is used for hazardous materials transportation activities and they materials transportation activities and they don't interfere with interstate commercedon't interfere with interstate commerce

Fees for all states are collected by the Fees for all states are collected by the base state and apportioned accordingly. base state and apportioned accordingly.

ReviewsReviews

The base state conducts a review of the carrier's The base state conducts a review of the carrier's qualifications to transport hazardous materials qualifications to transport hazardous materials If appropriate, the base state issues a reciprocal If appropriate, the base state issues a reciprocal national permitnational permitThe national permit allows a carrier to transport The national permit allows a carrier to transport hazardous materials in all states that belong to hazardous materials in all states that belong to the Alliance. the Alliance. If a state chooses to issue permits to hazardous If a state chooses to issue permits to hazardous waste transporters they may require additional waste transporters they may require additional disclosure information related to the applicant's disclosure information related to the applicant's operations and the integrity of the applicant's operations and the integrity of the applicant's owners and managersowners and managers

EnforcementEnforcement

Each state retains its individual enforcement Each state retains its individual enforcement authority when a registered or permitted carrier authority when a registered or permitted carrier is transporting hazardous materials within its is transporting hazardous materials within its borders. borders. Penalties and the procedures for assessing Penalties and the procedures for assessing penalties continue to be those of the state in penalties continue to be those of the state in which a violation occurs. which a violation occurs. Major violations are reported to the base state Major violations are reported to the base state and if appropriate, the base state may review the and if appropriate, the base state may review the motor carrier's operations to determine whether motor carrier's operations to determine whether the violation should result in suspension or the violation should result in suspension or revocation of the carrier’s hazmat permit.revocation of the carrier’s hazmat permit.

Origins of the Hazmat AllianceOrigins of the Hazmat Alliance

In 1990 each state had its own hazmat permit In 1990 each state had its own hazmat permit and registration program.and registration program.– 80 programs in 42 states 80 programs in 42 states

Congress was considering preempting those Congress was considering preempting those laws with a one-size-fits-all federal law.laws with a one-size-fits-all federal law.

A compromise was reached with state officialsA compromise was reached with state officials

A working group of state officials was created to A working group of state officials was created to develop uniform forms and procedures for develop uniform forms and procedures for hazmat transportation permits and registration hazmat transportation permits and registration

The Working GroupThe Working Group

Staffed by the National Conference of State Legislatures Staffed by the National Conference of State Legislatures and the National Governors' Association. and the National Governors' Association. The new state-developed uniform program would The new state-developed uniform program would preempt existing state programs, a preemption on state preempt existing state programs, a preemption on state terms.terms.Recommendations were based upon best practices of Recommendations were based upon best practices of existing state programs and reflected input fromexisting state programs and reflected input from– state and local programsstate and local programs– IndustryIndustry– environmental concernsenvironmental concerns

The Uniform Program developed by the working group The Uniform Program developed by the working group effectively balances health and safety concerns. effectively balances health and safety concerns.

Pilot ProgramPilot Program

Pilot program initiated from 1994-95Pilot program initiated from 1994-95

Four states Participated:Four states Participated:– MinnesotaMinnesota– NevadaNevada– OhioOhio– West VirginiaWest Virginia

Results were positive Results were positive

Recommendation was to move aheadRecommendation was to move ahead

FMCSA Role FMCSA Role

FMCSA was charged with implementing the FMCSA was charged with implementing the federal rule for this program. federal rule for this program. If 26 states adopt it, the program must be If 26 states adopt it, the program must be adopted nationwideadopted nationwideA lower threshold might be acceptable for A lower threshold might be acceptable for moving ahead with a rule. moving ahead with a rule. FMCSA has been supportive of the Uniform FMCSA has been supportive of the Uniform Program.Program.FMCSA is currently funding the centralized FMCSA is currently funding the centralized aspects of the program.aspects of the program.

National Safety Permit ProgramNational Safety Permit Program

Last June, FMCSA issued a final rule Last June, FMCSA issued a final rule – Establishes a national safety permit program for Establishes a national safety permit program for

motor carriers that transport certain hazardous motor carriers that transport certain hazardous materials materials

Permits will be required for:Permits will be required for:– Radioactive Materials: a highway route-controlled Radioactive Materials: a highway route-controlled

quantity of Class 7 materials;quantity of Class 7 materials;– Certain explosives: more than 55 pounds of a Certain explosives: more than 55 pounds of a

Division 1.1, 1.2 or 1.3 material;Division 1.1, 1.2 or 1.3 material;– Materials that are toxic-by-inhalation; andMaterials that are toxic-by-inhalation; and– Shipments of compressed or refrigerated liquid Shipments of compressed or refrigerated liquid

methane or natural gas in a bulk package.methane or natural gas in a bulk package.

Impact on Uniform ProgramImpact on Uniform Program

FMCSA recognized the authority of states to FMCSA recognized the authority of states to implement hazardous materials permits. implement hazardous materials permits. States are preempted only if they have a States are preempted only if they have a program with more stringent operational program with more stringent operational requirements than prescribed in the final rule. requirements than prescribed in the final rule. States are not prevented from issuing permits for States are not prevented from issuing permits for other materials, such as hazardous wastes. other materials, such as hazardous wastes. If a state's program is equivalent to the federal If a state's program is equivalent to the federal program, FMCSA will issue a safety permit program, FMCSA will issue a safety permit based on the issuance of a state permit. based on the issuance of a state permit.

Next StepsNext Steps

Members of the Alliance have met with Members of the Alliance have met with FMCSA.FMCSA.

Discussions are continuing on how the Discussions are continuing on how the Alliance and FMCSA can work together to Alliance and FMCSA can work together to achieve a truly uniform nationwide achieve a truly uniform nationwide hazardous materials registration and hazardous materials registration and permit program.permit program.

QuestionsQuestions