A GUIDE FOR BUILDING A MODEL STATE HAZARDOUS MATERIALS PROGRAM

January 2004

GUIDE TO BUILDING A MODEL STATE HAZARDOUS MATERIALS PROGRAM

The State Hazardous Materials Compliance Effectiveness Study (February 14, 2003) project reviewed State hazardous materials (HM) transportation compliance programs to identify exemplary initiatives and programs that could serve as models for other States to consider. The study was conducted on behalf of the Federal Motor Carrier Safety Administration (FMCSA) Hazardous Materials Division by the Battelle Memorial Institute in collaboration with the Commercial Vehicle Safety Alliance (CVSA). A copy of the full study can be downloaded from the FMCSA web site at www.fmcsa.dot.gov. References to page numbers throughout this document refer to the State Hazardous Materials Compliance Effectiveness Study. To fully understand the suggestions in this guidebook, the study should be referenced as noted.

A two-step process was used to gather the required information. First, a comprehensive survey and analysis of all State hazardous materials programs was conducted and then eight States were selected for a more in-depth study to identify unique or exemplary initiatives that may be of interest to other States. It was not intended that these States necessarily have the "best" compliance programs, but they do have a comprehensive and effective overall program based on the results of the survey analysis. Each of the individual programs highlighted in this report have been successfully implemented in their respective States and have produced substantial benefits.

Information collected in the survey questionnaire and during the in-depth follow up visits are broken down in the Model State Program into the following components:

• Facility Compliance Reviews
• Roadside Inspections
• Regulatory Training & Outreach
• Permitting, Registration & Routing
• Regulatory Authority & Enforcement
• Other Program Initiatives
• Program Resources

Our guide to building a model State hazmat program not only recognizes those core elements required to establish an effective HM compliance programs, but also describes preferred practices and enhancements existing in many States' programs. The purpose of this guide is to assist States in the development and implementation of comprehensive HM compliance programs impacting transportation safety and security. Additionally, this guide will promote more national uniformity and consistency with our HM compliance program.

GUIDEBOOK SECTIONS

Section I: Facility Compliance Reviews
Section 2: Roadside Inspections
Section 3: Regulatory Training & Outreach
Section 4: Permitting, Registration & Routing
Section 5: Regulatory Authority & Enforcement
Section 6: Other Program Initiatives
Section 7: Program Resources

Appendix A: Study Participant Contact Information
Appendix B: Useful Websites

Facility Compliance Reviews

DESCRIPTION

A key component of a comprehensive HM Compliance Program is the implementation of a Facility Compliance Review Program. The purpose is to assess regulatory compliance and security procedures of all entities engaged in the furtherance of hazardous materials transportation - including motor carriers transporting hazardous materials, shippers of hazardous materials and cargo tank testing, repair and maintenance facilities. Each of theses entities play a critical role in reducing safety and security risks associated with the transportation of hazardous materials. Therefore it is critical that our programs examine the level and commitment these organizations have in training employees on hazardous materials transportation safety and security to maximize regulatory compliance and reduce transportation risks.

We recognize the challenges facing all hazardous materials transportation regulators and enforcement agencies, however we encourage everyone to examine (informally) their facility review programs consistency with fundamental program components and where appropriate seek to implement aspects of the enhanced practices identified below.

OBJECTIVE

The objective of HM facility compliance review programs is to ensure an approach that provides equity and accuracy in enhancing hazardous materials transportation safety and security. The nature of hazardous materials transportation necessitates that our program efforts touch upon each entity with a link (role) in hazardous material transportation safety and security - package manufacturer, shipper, transporter, and their employees. Obviously, as with all of our programs, we must prioritize and direct our limited resources toward those entities posing the greatest known and potential risk. Each State should evaluate their hazardous materials transportation facilities using risk-based management techniques, integrating where available safety performance data to prioritize and target resources.

FUNDAMENTAL PROGRAM ELEMENTS

• LEGAL AUTHORITY - Establish full regulatory and legal authority over essential hazardous material facilities involved with hazardous materials transportation and their employees as appropriate. Authority should include right of entry to inspect property, buildings and storage/transport containers, the right to inspect and copy all records and interview employees.
• TRAINED & QUALIFIED PERSONNEL - Establish programs and procedures to ensure all personnel are trained and qualified to conduct reviews of hazardous materials facilities. When developing training program and qualification (certification) standards, include policies to monitor performance and measure quality of activities completed by staff.
• RISK PRIORITIZATION - Establish procedures and systems to prioritize hazardous materials facility reviews based on safety performance data, weighted against potential risk (severity/volume) associated with the hazardous materials transported.
• COMPREHENSIVE REVIEWS - Establish facility review programs that maximize effectiveness and efficiency of resources by fully evaluating the safety and security of the respective hazardous materials transportation entity.
• NATIONAL CAMPAIGNS - Establish programs that facilitate participation in National/Multi-State Hazardous Materials Enforcement Activities - i.e., Cargo Tank Check, Shipper Check, and other coordinated HM enforcement efforts.

PROGRAM ENHANCEMENTS

Enhancing HM Review Activities

• Establish a HM terminal inspection program (using HM PIP) that is designed to examine HM compliance by a number of HM shippers/forwarders (See California, page 35).
• Establish a HM shipper review program that is driven by performance data from other HM activities (roadside inspections/terminal reviews, etc.). This requires establishing legal authority over these facilities (See South Carolina, page 37).
• Establish a HM cargo tank facility review program that is driven by performance data from HM roadside inspection activities. This requires establishing legal authority over these facilities (See "Cargo Tank Inspection and Testing, page 52).
• Increase qualified and trained staff eligible to conduct HM facility reviews.
• Establish program to track, prioritize, and monitor HM transportation facilities (See Missouri, page 35).
• Consider new methods of penalty assessment for HM violations to encourage compliance.
• Improve agency coordination on HM facility review activities between regulatory agencies within a State (See West Virginia, page 36).

Targeting HM Reviews on High Risk Carriers/Shipper

• Establish program to target high-risk carriers/shippers based on a State's HM transportation risk analysis - Cargo Tank/Bulk Package Inspections, Radioactive Inspections, Explosives, etc. (See South Carolina, page 53).
• Establish a program to follow-up on violations discovered during facility review activities.

Roadside Inspections

DESCRIPTION

A key component of any comprehensive HM Compliance Program is the implementation of a Roadside Inspection Program. A Roadside Inspection Program is essential to assess regulatory compliance and security procedures of commercial motor vehicles and drivers engaged in hazardous materials transportation. The roadside inspection activity is the final intervention against unsafe shipment of hazardous materials during transportation. Therefore it is critical that our programs fully inspect compliance of hazardous materials during transportation, including communication (shipping papers, marking, labeling, and placarding); proper use of specification packaging; proper cargo loading (blocking/bracing and material combination); and the driver's qualification to transport hazardous material.

We recognize the challenges facing all hazardous materials transportation regulators and enforcement agencies, however, we encourage everyone to examine (informally) their roadside inspection programs consistency with fundamental program components and where appropriate seek to implement aspects of the enhanced practices identified below.

OBJECTIVE

The objective of HM roadside inspection programs is to ensure balance and focus in enhancing hazardous materials transportation safety and security. An effective roadside inspection program should reduce CMV-involved accidents, fatalities, and injuries through consistent, uniform, and effective CMV inspection activities. Appropriate roadside inspection programs will increase the likelihood that safety defects, driver deficiencies, and unsafe motor carrier practices will be detected and corrected before they become contributing factors to accidents and hazardous materials incidents.

Obviously, as with all of our programs, we must prioritize and direct our limited resources toward identified high-risk (known performance data or potential based on commodity and/or volume) carriers, materials, locations and corridors; our HM roadside inspection programs should be no different. Each State should evaluate their hazardous materials transportation roadside inspection resources using risk-based management techniques, and integrating where available safety performance data to prioritize, target and deploy qualified resources.

FUNDAMENTAL PROGRAM ELEMENTS

• LEGAL AUTHORITY - Ensure full authority to stop and inspect HM laden CMVs, including right of entry to check packaging specifications, markings, labels, and proper loading methods.
• TRAINED AND QUALIFIED PERSONNEL - Ensure personnel are trained and qualified to conduct HM inspection activities, including a performance standard for maintenance of HM certification.
• RISK PRIORITIZATION - Establish procedures and systems to prioritize hazardous materials roadside inspections based on safety performance data, weighted against potential risks (severity/volume) associated with the hazardous material transported.
• COMPREHENSIVE REVIEWS - Ensure inspections performed on HM shipments are comprehensive and include an examination of the driver (CDL - HM Endorsement, HM Communication - shipping papers, package marking/labeling, placarding, and specification package compliance.)
• NATIONAL CAMPAIGNS - Participation in National or Regional HM Inspection Activities - i.e., Cargo Tank Check.

PROGRAM ENHANCEMENTS

Enhancing HM Inspection Activities

• Increase focus on HM shipment inspections as part of an overall CMV roadside safety program (as a ratio or percentage of all inspections; See "Increasing Hazmat-to-Total Motor Carrier Inspection Ratio," page 25).
• Increase qualified and trained staff eligible to conduct HM inspections (See "Selection of Qualified Inspectors," page 25).
• Establish program to track and target repeat violators.
• Consider new methods of penalty assessment for HM. violations (See Colorado and Illinois, page 32).
• Improve agency coordination on HM inspection activities between regulatory agencies within a State (See New York, Page 27).
• Establish procedures to coordinate HM inspection activities with Border States, as and when appropriate (See California, page 30).
• Incorporate new technologies that may already be in place to enhance HM inspections (See Colorado, Missouri, and Ohio, pages 30-32).
• Establish authority to open trucks to check for "hidden" HM Shipments.

Targeting HM Inspections on High Risk Areas/Corridors

• Increase focus on HM shipments in high-risk corridors (saturation activities).
• Establish program to monitor "by-pass" or local corridors of HM shipments in rural areas.
• Identify high-risk areas through cooperative efforts such as with the State Highway Patrol. (See South Carolina, page 28).

Targeting HM Inspections on High Risk Commodities

• Establish program to target high-risk commodities based on a State's HM transportation risk analysis - Cargo Tank/Bulk Package Inspections, Radioactive Inspections, Explosives, etc. (See "Targeting Special Classes of Hazardous Materials," page 29).
• Establish a program to follow-up on violations discovered during roadside inspection activities.

Regulatory Training & Outreach

DESCRIPTION

This section of our HM Model State Program will discuss the characteristics and elements to be included in establishing a State HM Regulatory Compliance Training and Outreach program. These programs should target law enforcement personnel, industry representatives, senior State executives, the judiciary, and the general public.

OBJECTIVE

To ensure the HM community is trained on how to comply with HM regulations and enhance the safety and security of HM transportation. An effective State law enforcement training program will serve to enhance the capabilities of participating State and local government law enforcement and regulatory officials in detecting and eliminating violations of the HM regulations. This will lead to a reduction in the number of hazardous materials related fatalities, injuries, and accidents. An effective public outreach program will serve to provide education and technical assistance to those whose occupations involve preparing hazardous materials for transportation or for those who transport hazardous materials. Outreach efforts may also be directed at members of the general public and at members of the State and local Executive and Judicial branches of government in order to make them better informed on the importance of the State's hazardous materials inspection and enforcement activities.

STRATEGIES

This is a chart which indicates across the top column headers, the target training audience of staff, industry, public, or JOP members. In the left column are the different training strategies. The chart indicates that the first strategy, the classroom, is appropriate for staff, industry and JOP members. The next strategy, workshops, is appropriate for staff, industry, public and JOP. The next strategy, OJT or On The Job Training, is appropriate for staff only. The next strategy, websites, is appropriate for staff, industry, public, and JOP. The next strategy, On-line training, is appropriate for staff, industry, and public. The next strategy, Train-the-trainer, is appropriate for staff. The next strategy, publications, is appropriate for staff, industry, public and JOP. The final strategy, CD-ROM, is appropriate for staff, industry, public, and JOP.

FUNDAMENTAL PROGRAM ELEMENTS AND ENHANCEMENTS

LAW ENFORCEMENT/INSPECTOR

There is a chart with two columns. The first column is roadside program and the second column is facility review program. Under the roadside program is NAS Level 1- Part A & B, general HM Regulations, and Cargo Tank / Bulk Packaging. Under the Facility Review Program column is NAS Level 1 - Part A & B, General HM Regulations, Cargo Tank / Bulk Packaging, Basic Compliance Review, Security Contact Review which is indicated as a program enhancement, Cargo Tank Facility Review which is also indicated as a program enhancement. Below both of these columns is a single column entitled Specialty Areas as a program enhancement, with RAM, explosives, Waste, and cylinders listed below.

*Sworn officers would be expected to have basic law enforcement training (certification).

REFRESHER TRAINING

All States should consider internal needs and schedule in-service training on an as needed basis. Certification criteria should be considered as possible starting points for refresher training. Pursue various sources for training including working with other States, developing in-house training solutions, and obtaining available training programs developed by FMCSA. Refresher training should include a review of new or changed regulations, new or updated software, and any other changes in the hazardous materials program.

ENHANCED TRAINING PROGRAM ACTIVITIES

• On-the-Job Training Programs:
• 12 Week Field Orientation Training with Field Training Officer. This training is provided following academy training with weekly reviews and monthly evaluations (See Missouri, page 41).
• High-risk area team approach. Junior staff training with experienced hazmat specialists. FMCSA Service Center HM specialists are one possible source for experienced hazmat specialists (See Illinois, page 42).
• Training on New Regulations. Provide periodic or as-needed training as changes are adopted to the Hazardous Materials Regulations. FMCSA has provided this service in the past.

INDUSTRY TRAINING & OUTREACH

• A model State HM training &outreach initiative should include working with industry representatives and associations to develop training and outreach materials specific to the respective industry segment/community.
• Where applicable the program should focus on known or identified risks and/or violation history/trends within a given State.
• Provide security-related training through the Security Sensitivity Visit and make the FMCSA Security Guide available.

ENHANCED INDUSTRY TRAINING/OUTREACH PROGRAM ACTIVITIES

• Commercial Industry Education Program. Free training provided to trucking companies includes courses on basics, hazmat security, compliance, and routing (See California, page 43).
• Industry Outreach Program. Program consists of feedback critique sheets left with all carriers receiving compliance reviews, public speaking at industry conferences and universities, and the publication of a newsletter to all registered carriers (See Missouri, page 43).

EXECUTIVE /JUDICIARY /PUBLIC TRAINING

• A model State HM training & outreach initiative should include working with State and local executive and judicial branches to develop training and outreach materials specific to the respective industry segment/community. Often, the executive and judicial branches may be unfamiliar with new regulations or interpretations.
• Where applicable the program should focus on known or identified risks and/or violation history/trends within a given State. Identify any local or State case law that may affect hazardous materials enforcement rulings.
• Public training though local colleges, fire departments, and community centers creates a hazardous material safety dialog with the local residents.

ENHANCED EXECUTIVE/JUDICIARY/PUBLIC TRAINING/OUTREACH PROGRAM ACTIVITIES

• Judicial Outreach Program. Conduct specific programs to educate courts on hazardous materials regulations and issues (See New York, page 45).
• Public Outreach Program. Conduct public speaking at State and local law enforcement and traffic safety council meetings and provide a summation of the regulations for distribution (See Missouri, page 44).

Permitting, Registration & Routing

DESCRIPTION

Hazardous materials transportation incorporates permitting and registration of carriers, and routing of the hazardous materials. Coordinating these elements is key to a successful State hazardous materials program. States have authority to choose routes for hazardous materials and may also implement the permitting for hazardous materials carriers. Permitting allows States to screen hazardous materials carriers while routing controls where hazardous materials may be in the State's cities and on the State's highways. Registration generates revenue to assist in HM safety and response initiatives.

A federal permitting system has been proposed by FMCSA. How this system would work in conjunction with State permitting programs is yet to be determined, as the proposed rule has yet to become final. Needless to say, State permitting programs should be developed and maintained in a manner that complements, not duplicates, federal efforts in this area.

OBJECTIVE

The objective of the permitting, registration and routing segment of the State HM program is to identify and authorize carriers/shippers for HM Transportation and control HM transportation to selected routes. Permitting and registration allows for the screening of HM carriers, where a permit connects HM authority with the motor carrier's transportation safety performance while registration compiles a database of HM carriers and shippers in the State. Hazardous Materials routing reduces risks associated with HM transportation through tunnels, population centers, or less-maintained routes in the State.

FUNDAMENTAL PROGRAM ELEMENTS

• LEGAL AUTHORITY - Establish regulatory authority, regulations and rules pertaining to registration permitting and routing of HM.
• TRAINED AND QUALIFIED PERSONNEL - Establish programs and procedures to ensure that all personnel are trained and qualified in the permitting and registration process and how to establish a carrier or shipper is registered and holds a valid permit. Personnel should also be familiar with State HM routing policies.
• RISK PRIORITIZATION - Establish a State HM registration database to identify HM transportation census information on commodity population centers and potential transportation corridors.
• PROGRAM SUPPORT - Establish policy and procedures for funds generated from registration, permitting and routing programs.
• POLICY DEVELOPMENT - Develop practices and procedures to ensure State and local HM routing designations are developed in cooperation with Federal procedures found in 49 CFR Part 397.

PROGRAM ENHANCEMENTS

Alliance States' Uniform Program (Permitting)

States that are members of the Alliance for Uniform Hazmat Transportation have a variety of enforcement options available to them (See page 48). Note that Alliance States don't issue permits unless the carrier meets certain minimum criteria. Enforcement options available to these States include:

• Inspection - Physical examination and certification of specific vehicles, tanks, containers, cargo and drivers.
• On-Site Reviews - Examination of a carrier or shipper's operations
• On-Site Audits - Examination of company records
• Desk Audits - In-house review of company records
• Roadside Inspections - Inspection of vehicles en route.
• Spot Checks - Inspection of vehicles and drivers based on probable cause
• Investigative Authority - Use of subpoenas, depositions, etc.

Routing Programs

• Establish a formal routing program beyond identifying specific routing restrictions or bypasses.
• Issue Routing Guides to carriers for each type of hazardous material subject to routing (See California, page 50).
• Coordinate with other State and Federal agencies and groups (such as the Western Governor's Association and the Southern States Energy Board) if spent nuclear fuel shipments or other nuclear materials require State access.
• Periodically review selected routes to confirm designation still meets State's requirements (See Colorado, page 51).

Regulatory Authority & Enforcement

DESCRIPTION

This section of our Model State HM Program will discuss the characteristics and elements to be included in adopting and enforcing the HM regulations and program policies/procedures.

OBJECTIVE

To ensure that the State has adequate authority to implement a comprehensive and effective HM program, including jurisdiction over HM motor carriers, shippers, cargo tank inspection, retest, and repair facilities.

FUNDAMENTAL PROGRAM ELEMENTS

HM Regulatory Adoption & Enforcement

• A State's regulatory adoption and enforcement authority must be compatible with the federal regulations and enforcement authority.
• A State's regulatory adoption and enforcement authority must be current to ensure compatibility with regulatory and/or program modifications.

HM Motor Carriers

• Authority and jurisdiction must extend to HM motor carriers to ensure the State's ability to deliver a comprehensive HM motor carrier compliance and enforcement program.
• A statewide database for all entities engaged in the transportation and shipment of hazardous materials.
• Authority to enter upon, inspect, and examine lands, buildings, and equipment; and to inspect and copy records and papers of carriers and other persons.

HM Motor Vehicles

• Authority and jurisdiction must extend to HM motor vehicles to ensure the State's ability to deliver a comprehensive HM enforcement program, including right of entry upon and into cargo compartments of a CMV.
• Authority to enter upon a commercial motor vehicle, including the cargo compartment transporting HM to ensure compliance with HM packaging, blocking and bracing, etc.

HM Drivers

• Authority and jurisdiction must extend to enforcement of the USA PATRIOT Act provisions for criminal history (security threat assessments) of drivers seeking a hazardous materials endorsement with their commercial driver's license.

HM Shippers

• Authority and jurisdiction must extend to HM shippers to ensure the State's ability to deliver a comprehensive HM shipper compliance and enforcement program.
• Authority to enter upon, inspect, and examine lands, buildings, and equipment.
• Authority to inspect and copy records and papers of shippers and other persons.
• A statewide database for all entities engaged in offering shipments of hazardous materials for transportation.

Cargo Tank Facilities

• Authority and jurisdiction must extend to HM cargo tank manufacturer, inspection, retest and repair facilities to ensure the State's ability to deliver a comprehensive HM enforcement program.
• A statewide database for all entities engaged in cargo tank testing, inspection and repair facilities. FMCSA currently handles the registration of all U and R stamp cargo tank facilities.

A chart follows that has three columns titled Recommended Authority/Jurisdiction, Inspections, and Compliance Reviews. This chart shows whether inspections or compliance reviews (or both) are appropriate for the recommended authority/jurisdiction. The first recommended authority/jurisdiction is regulatory adoption/authority, which is indicated as appropriate for both inspections and compliance reviews. The next recommended authority/jurisdiction is Right of Entry - HM Motor Vehicles and is indicated as appropriate for inspections. The next, right of entry - HM Carrier, is indicated as appropriate for compliance reviews. The next, Right of entry - HM Shipper, is indicated as appropriate for compliance reviews. The next, Right of Entry - Cargo Tank Facilities, is indicated as appropriate for compliance reviews. The final recommended authority/jurisdiction, Enforcement Authority (Penalty Assessment) is indicated as appropriate for both inspections and compliance reviews.

PROGRAM ENHANCEMENTS

• Coordinate between agencies' jurisdictional authority involving HM transportation including loading and unloading (See RSPA Rulemaking HM-223; 68 FR 61906 published on 10/30/03).
• Annual automatic adoption of HM regulations by reference (See page 6).
• Adoption of HM regulations by rulemaking (See page 6).

Other Program Initiatives

DESCRIPTION

While national uniformity is necessary, any comprehensive HM Compliance Program should include the implementation of Other Program Initiatives to address State specific hazardous materials transportation safety and security issues. The purpose of which is to ensure a comprehensive coverage of hazardous materials program safety, compliance and security interventions on all entities engaged in the furtherance of hazardous materials transportation - including motor carriers, shippers and cargo tank testing, repair and maintenance facilities. Each of theses entities play a critical role in reducing safety and security risks associated with the transportation of hazardous materials and therefore it is critical that our programs examine the level and commitment these organizations have in training employees on hazardous materials transportation safety and security to maximize regulatory compliance and reduce transportation risks.

OBJECTIVE

The objective of this section is to discuss other program initiatives, ensuring statewide coordination and integration of activities to address local hazardous materials transportation safety risks and security procedures. The nature of hazardous materials transportation necessitates that our programs and activities promote safety compliance within the multifaceted hazardous materials community. In promoting a comprehensive program, States are encouraged to evaluate local hazardous materials transportation risks and implement programs to enhance safety and reduce risks. After the terrorist attacks of September 11, 2001, hazardous materials transportation risks escalated and became a significant national security threat for use as a weapon of mass destruction. With the increased threat and concern for national security, all programs involving hazardous materials transportation must integrate security evaluations and awareness training to reduce risk/threat. Each State should evaluate their hazardous materials transportation facilities using risk-based management techniques, integrating where available safety performance data to prioritize and target resources.

FUNDAMENTAL PROGRAM ELEMENTS

• Implement HM program activities based on performance-based (risk) management techniques (See South Carolina, page 53).
• Establish comprehensive statewide HM Security Planning.
• Incorporate Security Awareness (SSVs) with all HM compliance activities - roadside inspections, motor carrier/shipper reviews and all other facility review initiatives.
• Emphasizing attention to HM transportation during roadside activities as it relates to potential security threats by increasing officer awareness.
• Become involved in FMCSA's Security Contact Review program.

ADDITIONAL FUNDAMENTAL PROGRAM ELEMENTS

HM Transportation Security

• Establishing a statewide transportation security plan (See South Carolina, page 46).
• Integrating transportation security in State Emergency Disaster Manual (See Missouri, page 46).
• Truck HM inspection staging areas to facilitate performance of compliance and security inspections (See New York, page 47).
• Establish a HM shipper review program that is driven by performance data from other HM activities (roadside inspections/terminal reviews, etc.).
• Establish a HM cargo tank facility review program that is driven by performance data from HM roadside inspection activities.
• Increase qualified and trained staff eligible to conduct HM facility reviews.
• Establish program to track, prioritize, and monitor HM transportation facilities.
• Consider new methods of penalty assessment for HM violations to encourage compliance.
• Improve agency coordination on HM facility review activities between regulatory agencies within a State.
• Incorporate a "Security Awareness" element to all industry and public outreach initiatives.

Other HM Program Initiatives

• Statewide risk management planning with a committee of stakeholders (agencies and industry) to focus on the problem areas of HM transportation within a State, including solutions and strategies to address HM transportation risks (See South Carolina, page 53).
• Recognizing HM transportation within the CVSP performance-based (risk management) planning process to enhance attention and activities on HM transportation (See South Carolina, page 53).
• HM-incident response to determine compliance and initiate enforcement action as appropriate (See Ohio, page 53).

Program Resources

DESCRIPTION

This section of our HM Model State Program will discuss the potential resources that may be utilized to fund basic hazardous materials compliance and enforcement programs and alternative sources of funding for program enhancements. Funding for baseline State hazardous materials compliance and enforcement activities will continue to be provided by MCSAP grant funds. This section also includes funding strategies for funding program enhancements such as training and outreach programs and other HM program initiative

OBJECTIVE

To ensure grant funds (federal and State) are maximized and to leverage private-public resources for outreach/education. In addition, to develop policies for new user revenue sources (registration/permitting fees).

FUNDING STRATEGIES

This is a table that illustrates the various funding strategies. There are three types of funding sources: State Agency, Public/Private Partnerships, and Federal Agency Grants. Columns indicate different program activities which are: HM Inspections, HM Compliance Reviews, Training & Outreach, Registration Permitting Routing, Other Program Initiatives, HM Authority & Enforcement, and HM Security. A Dollar Sign is used to indicate whether the program activity is appropriate for the funding source. The first funding source under State Agency is State Fees (HM Registration, Permitting and Licensing Fees charged by the State), which is appropriate for all program activities: HM Inspections, HM Compliance Reviews, Training & Outreach, Registration Permitting Routing, Other Program Initiatives, HM Authority & Enforcement, and HM Security. The second source under State Agency is Penalties, which is also appropriate for all program activities: HM Inspections, HM Compliance Reviews, Training & Outreach, Registration Permitting Routing, Other Program Initiatives, HM Authority & Enforcement, and HM Security. The next funding Source category is Public/Private Partnerships. The first source under Public/Private Partnerships is Vendor, which is appropriate for Training & Outreach, Registration Permitting Routing, Other Program Initiatives, and HM Security. The second source under Public/Private Partnerships is Industry, which is appropriate for Training & Outreach, Registration Permitting Routing, Other Program Initiatives, and HM Security. The next Funding Source Category is Federal Agency Grants. The first source under this section is FMCSA, which is appropriate for all program activities: HM Inspections, HM Compliance Reviews, Training & Outreach, Registration Permitting Routing, Other Program Initiatives, HM Authority & Enforcement, and HM Security. The second source is RSPA, which is appropriate for Training & Outreach, Registration Permitting Routing, Other Program Initiatives, and HM Security. The third source, FHWA, is appropriate for Training & Outreach, Registration Permitting Routing, and HM Security. The fourth source is NHTSA, appropriate for Training & Outreach, Other Program Initiatives, and HM Security. The fifth and final source is DHS/TSA, appropriate for Training & Outreach, Other Program Initiatives, and HM Security.

1 HM Registration, Permitting and Licensing Fees charged by the State.

APPENDIX A - STUDY PARTICIPANT CONTACT INFORMATION

STATES

CALIFORNIA
California Highway Patrol
Captain Andrew Jones
#916-445-3253

COLORADO
Colorado State Patrol
Capt. Wilcoxen
#303-239-4552

ILLINOIS
Illinois Department of Transportation
Division of Traffic Safety
Mr. Terry Moore
#217-785-1181

MISSOURI
Missouri State Highway Patrol
Commercial Vehicle Enforcement
Jerry Baker
#573-526-6128

MISSOURI
Missouri Department of Transportation
Transportation Enforcement Program
Charles Gohring
#573-751-7107

NEW YORK
New York State Police
TBA
#518-485-9408

NEW YORK
New York Department of Transportation
Motor Carrier Safety Bureau
Bill Leonard
#518-457-6512

OHIO
Public Utilities Commission of Ohio
Mr. Carlisle Smith
#614-728-9126

SOUTH CAROLINA
South Carolina Department of Public Safety
State Transport Police
Col. Anna Amos, Deputy Director
#803-896-5500

WEST VIRGINIA
Public Service Commission of West Virginia
M. Gary Edgell
#304-340-0483

FMCSA

EASTERN SERVICE CENTER
FMCSA
Joseph Evans
#443-703-2269

MID-WESTERN SERVICE CENTER
FMCSA
Joseph DeLorenzo
#708-283-3572

SOUTHERN SERVICE CENTER
FMCSA
Charles "Tim" Phillips
#404-562-3609

WESTERN SERVICE CENTER
FMCSA
Robert J. Brown, Jr.
#415-744-2646

WASHINGTON, DC HEADQUARTERS
FMCSA
HM Division
#202-366-6121

APPENDIX B - USEFUL WEBSITES

SITES DIRECTLY RELATED TO THIS REPORT

STATE GOVERNMENTS:

STATE TRUCKING INDUSTRY ASSOCIATIONS