Johnny Zarda, 58, has hauled everything from grain to asphalt since he began working as a trucker about 40 years ago.

But thanks to the Patriot Act and its new restrictions on truck drivers, he said he’s coming close to giving up hauling hazardous materials, such as propane, liquid asphalt and oil.

As of May 31, truck drivers must pay a $95 application fee to cover the cost of a background check that’s needed for the renewal of a hazardous materials endorsement on their commercial driver’s licenses. The endorsement is needed to legally haul propane, oil and other materials deemed hazardous.

It is part of a three-phase program with the U.S. Transportation Security Administration. During phase one, TSA conducted name-based security threat assessments on all 2.7 million licensed Hazmat drivers to determine whether any presented a potential terrorist threat, according to the TSA Web site. Phase two augmented this effort by adding a fingerprint-based FBI criminal history records check and immigration status check for new HME applicants.

Zarda said the fee, which covers the cost of a background check, isn’t worth it.

“It doesn’t pay any more to haul hazardous materials and the risk of problems is more,” said Zarda, of Merriam, who was hauling liquid asphalt from Kansas City to Topeka earlier this week. “It’s just not economical. If the government wants me to pay $95 for the endorsement, they can have it back.”

The Patriot Act of 2001 requires all truckers wanting to obtain or renew a hazardous materials endorsement on a commercial drivers license to go through a background check before the endorsement can be issued or renewed.

Trucks line up at the I-70 rest stop east of Lawrence, where Ralph Wheeler inspects the tires on his 18-wheeler. The federal government will require fingerprinting and a background check for truckers wanting to haul hazardous material.

“It’s one more layer of security put in place following Sept. 11,” said Carrie Harmon, a regional spokeswoman for the U.S. Transportation Security Administration.

In Kansas, the state’s department of revenue requires truckers to apply at driver’s license offices in Colby, Chanute, Garden City, Hays, Mission, Salina, Topeka and Wichita.

The background check requires that the truckers be fingerprinted. Those fingerprints are then given to the Kansas Bureau of Investigation and the U.S. Department of Justice. Officials with the U.S. Transportation Security Administration determine whether a trucker should or shouldn’t receive a hazardous materials endorsement based on their background.

Those who have been convicted of criminal offenses, such as espionage, sedition or murder, will automatically be disqualified for a hazardous waste endorsement.

Putting extra measures in place for haulers handling sensitive material and having them undergo some type of scrutiny is a good idea, said Tim Sparapani, who serves as legislative counsel for the American Civil Liberties Union in Washington, D.C. But the way the new regulations are being implemented raises concerns for the group.

“We are troubled by provisions that treat these hardworking Americans as anything like suspects because of the jobs they have and that the government is keeping this information from the background checks on file,” he said. “This is a situation where instead of looking for a terrorist in a haystack, they are looking at the haystack and trying to find a terrorist. We think that’s pretty inefficient.”

Truckers interviewed Thursday said they don’t mind the background check because they have nothing to hide. But they weren’t happy about the application fee.

Gary Davenport, director of safety and risk management for the Kansas Motor Carriers Assn., said his organization has been aware of the change and has kept members informed.

“It is going to be a burden and it does mean an additional cost,” Davenport said. “But when you weigh the security of the nation against it, it was a cost that we saw was manageable.”

He also said some truckers have said they don’t plan to renew or obtain an endorsement to haul hazardous materials.

“It’s their choice,” Davenport said.

Harmon said her office estimates that there are 2.7 million truck drivers qualified for a hazardous materials endorsement. Since the end of January, about 30,000 drivers have applied for a hazardous materials endorsement, she said.