Alliance for Uniform Hazardous Materials Transportation Procedures Alan Martin Deputy Director, Public Utilities Commission of Ohio

Uniform Hazmat Registration Program A base state, reciprocal program for the registration of Hazardous Materials Transporters Each motor carrier of hazardous materials or hazardous waste registers with one of the participating states (Base State). The Base state reviews and approves an application

Program Benefits Consistent regulations across states More uniform application procedures across states Easier identification of hazmat carriers Better information sharing States can more carefully evaluate applications since the burden is spread among all members Brings greater certainty to the registration process

Program Participation Alliance Goal: To make the Uniform Program permit valid for hazardous materials operations on a national basis Program is open to all states Current Participants: –Ohio, West Virginia, Illinois, Michigan, Minnesota, Nevada, Oklahoma

Program Components The program consists of three components –Registration –permitting –hazardous/radioactive waste disclosure. A governing board oversees the program –Consists of participating states To ensure consistent program standards To build trust among states.

Fees The Uniform Program does not mandate a fee structure States can assess fees as they decide as long as the revenue is used for hazardous materials transportation activities and they don't interfere with interstate commerce Fees for all states are collected by the base state and apportioned accordingly.

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

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

Origins of the Hazmat Alliance In 1990 each state had its own hazmat permit and registration program. –80 programs in 42 states Congress was considering preempting those laws with a one-size-fits-all federal law. A compromise was reached with state officials A working group of state officials was created to develop uniform forms and procedures for hazmat transportation permits and registration

The Working Group Staffed by the National Conference of State Legislatures and the National Governors' Association. The new state-developed uniform program would preempt existing state programs, a preemption on state terms. Recommendations were based upon best practices of existing state programs and reflected input from –state and local programs –Industry –environmental concerns The Uniform Program developed by the working group effectively balances health and safety concerns.

Pilot Program Pilot program initiated from Four states Participated: –Minnesota –Nevada –Ohio –West Virginia Results were positive Recommendation was to move ahead

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

National Safety Permit Program Last June, FMCSA issued a final rule –Establishes a national safety permit program for motor carriers that transport certain hazardous materials Permits will be required for: –Radioactive Materials: a highway route-controlled quantity of Class 7 materials; –Certain explosives: more than 55 pounds of a Division 1.1, 1.2 or 1.3 material; –Materials that are toxic-by-inhalation; and –Shipments of compressed or refrigerated liquid methane or natural gas in a bulk package.

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

Next Steps Members of the Alliance have met with FMCSA. Discussions are continuing on how the Alliance and FMCSA can work together to achieve a truly uniform nationwide hazardous materials registration and permit program.

Questions