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Regulatory Update: NACD presents at White House Executive Order Listening Session; more sessions scheduled
This morning, two NACD members and the vice president for regulatory affairs presented comments at a public listening session in response to the White House Executive Order 13650, Improving Chemical Facility Safety and Security. Jeanette Glose Partlow, President of Maryland Chemical Company located in Baltimore, Md., and Douglas A. Brown, President/CEO of Brown Chemical Co., Inc. headquartered in Oakland, N.J., both provided their perspectives as business owners.
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Legislative and Regulatory Resources: NACD Legislative and Regulatory Outlook webinar presentation and slides now available
The archived presentation and slides from last week's NACD webinar — 2014 Regulatory and Legislative Outlook — are now available on the members' only section of the NACD website. During this webinar, NACD Vice President of Legislative Affairs John Shanahan discussed recent developments on Capitol Hill regarding NACD's key legislative issues of Toxic Substances Control Act modernization, chemical security and clarification of the Clean Air Act General Duty Clause and prospects for movement on these issues in 2014. Vice President of Regulatory Affairs Jennifer Gibson discussed the latest developments regarding White House Executive Order 13650 Improving Chemical Safety and Security as well as other regulatory initiatives that NACD members can expect from the U.S. Environmental Protection Agency, Department of Transportation, Department of Homeland Security, Occupational Safety and Health Administration and others.
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Regulatory Resources: PHMSA announces 2014 Hazardous Materials Training Calendar
Last week, the Pipeline and Hazardous Materials Safety Administration announced that the agency will hold more than 45 free training sessions on federal hazardous materials transport regulations in 2014. PHMSA offers several two-day seminars and one-day workshops throughout the year. These free training events are for anyone who offers or transports hazardous materials in commerce or has a desire to learn more about the Department of Transportation's Hazardous Materials Regulations. The transportation workshops will provide a basic overview of the regulatory requirements — what they are, how they apply and how to comply with them — for shipping and transporting hazardous materials.
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Regulatory Update: PHMSA confirms that special permit is needed to unload products directly from IBCs
In response to a request for regulatory interpretation from NACD, the DOT Pipeline and Hazardous Materials Safety Administration has sent NACD a letter confirming that DOT Special Permit SP-12412 is needed when unloading a Class 8, Packing Group III hazardous material from an intermediate bulk container that is attached to a vehicle. NACD requested the interpretation because one PHMSA's Regional offices had indicated that the Special Permit was not required in some of these cases. NACD sought a formal interpretation from DOT headquarters to ensure consistent reading and enforcement of the policy across all PHMSA regions. The letter is not yet posted on PHMSA's website. If you would like a copy of the letter and/or NACD's request for interpretation, please contact NACD Vice President of Regulatory Affairs Jennifer Gibson at or (571) 482-3047.
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Regulatory Resources: EPA releases videos and other compliance materials for new boiler rules
The U.S. Environmental Protection Agency has announced the availability of a new video series explaining its new area source boiler rule. This video series consists of four modules that explain various aspects of the rule including an overview of the rule that includes applicability, specific rule requirements and compliance dates; a module on how to conduct an energy assessment; a module on how to conduct a boiler tune-up; and a module on the recordkeeping and reporting requirements of the rule.
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Regulatory Update: OSHA issues guidance on classification of combustible dust
On Dec. 31, the U.S. Occupational Safety and Health Administration released a memo, Classification of Combustible Dusts under the Revised Hazard Communication Standard, to provide guidance for inspectors checking to see if companies have properly classified combustible dust hazards under the new hazard communication standard. According to this memo, when chemical manufacturers and importers lack direct experience with the combustible dust hazards of products they are shipping, they should use laboratory testing, published test results or particle size to classify them under the new hazard communication standard.
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Fraud Alert: FBI issues bulletin warning of fraudulent university email addresses being used to purchase chemicals
On Friday, the Federal Bureau of Investigation issued a bulletin warning of the use of fraudulent university email addresses to purchase chemicals. In the bulletin, the FBI notes that several chemical companies have received purchase orders for bulk chemicals and equipment from individuals using fraudulent email accounts in an attempt to pass themselves off as representatives of universities and that many of these requests have been deemed legitimate likely due to email content containing information commonly associated with university purchase orders. The FBI also notes similar identifying characteristics of the fraudulent orders, including emails originating from domains such as or, as opposed to the standard .edu and shipping addresses that appear to be unrelated to the purported requesting university. Click here to read the full bulletin.
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Agencies considering major chemical plant safety overhaul
The Hill
An interagency panel created to weigh new chemical safety regulations in response to last April's deadly explosion in Texas is considering a major overhaul of the way volatile substances are handled and stored, a new federal document shows. The Chemical Facility Safety and Security Working Group, a task force made up of top-level officials from a variety of federal agencies, is asking for feedback on an array of potential new rules that could help avert future disasters.
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Critics: Chemical spill highlights lax regulations
The New York Times
Last week's major chemical spill into West Virginia's Elk River, which cut off water to more than 300,000 people, came in a state with a long and troubled history of regulating the coal and chemical companies that form the heart of its economy.
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Drivers must hold copy of medical certification for another year
Drivers are going to have to keep a copy of their medical certificate on hand for another year, says the Federal Motor Carrier Safety Administration. The agency plans to publish a notice of the requirement very soon, a spokesman said. A summary can be viewed on the FMCSA website, while the full, but yet-to-published official notice is also available from the agency.
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E-log mandate, driver database rules expected in January
Commercial Carrier Journal
A proposed rule mandating the use of electronic logging devices is expected to be published in the Federal Register Jan. 29, according to a monthly Department of Transportation report, which says the rule is projected to clear the White House Office of Management and Budget Jan. 17. The report also says the rule will have a 60-day comment period that will last until April 1.
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Missed last week's issue? See which articles your colleagues read most.

    Registration now open for January 2014 Listening Sessions for Chemical Safety and Security Executive Order (NACD)
OSHA proposes $99,000 fine for Geismar Plant for PSM violations (OSHA)
Trucks carried 70 percent of country's $13.6 trillion in freight in 2012 (Overdrive)

Don't be left behind. Click here to see what else you missed.

Bill would fund freight projects with new shipping fee
Commercial Carrier Journal
Rep. Adam Smith, D.-Wash., has reintroduced legislation that would fund improvements in U.S. freight movement by tacking a 1 percent shipping fee on the total cost of domestic transport. In line with the recent recommendations of a bipartisan House panel, the Freight Infrastructure Reinvestment Act of 2014 (H.R. 3825), would provide competitive grants for projects designed to increase the efficiency and capacity of the national freight mobility network.
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U.S. Chamber points to highway bill as 2014 priority
Fleet Owner
The U.S. Chamber of Commerce plans to make highway-bill reauthorization one of its top priorities for 2014. That's because it also impacts other major goals of the nation's largest business federation, such as boosting U.S. trade and increasing domestic energy production.
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Resiliency, reliability to be main supply chain focus in 2014
Fleet Owner
Both global and domestic supply chain networks will need to become more resilient and reliable in the coming year in order to better manage more volatile demand as well as pressures on margins, according to recent analysis by two consulting firms.
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3 things shippers, 3rd parties and carriers should watch in 2014
DC Velocity
We hope you're excited to seize the opportunities and tackle the challenges ahead in 2014. To start the year off, we're sharing advice about three things that shippers, third parties and carriers should be watching right now.
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NACD NewsBrief
Colby Horton, Executive Vice President of Publishing, 469.420.2601
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Valerie Hunt, Senior Content Editor, 469.420.2690   
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Caitlin O'Donnell, NACD Manager, Communications, 703.527.6223   

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