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  NACD News

Regulatory alert: TSCA Chemical Data Reporting period has begun — if you import chemicals, you are likely subject to this regulation
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The reporting period for the TSCA Chemical Data Reporting began Feb. 1 and lasts until June 30. Under TSCA, importers of chemicals are considered to be manufacturers and thus subject to the law's requirements, including CDR reporting. If your company manufactured or imported any products on the TSCA Inventory in volumes of 25,000 pounds or more at a site during the calendar year 2011, you must file a CDR report. Substantial changes have been made to the requirements since the last IUR reporting period that took place in 2006. More

Regulatory resources: Registration now available for Feb. 28 webinar on Clean Air Act General Duty Clause
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On Tuesday, Feb. 28 at 2 p.m. EST, NACD will host a free webinar, "The Clean Air Act Section 112(r) General Duty Clause – What You Need to Know." The General Duty Clause under Section 112 (r)(1) expands the range of activities the U.S. Environmental Protection Agency (EPA) is authorized to undertake to assure chemical safety, often in ways not fully understood by regulated entities. To ensure that you know what is expected under the GDC before EPA auditors knock on your door, sign up today for this important webinar. More

Legislative update: Congress receives testimony from DHS on CFATS implementation problems
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Rand Beers, undersecretary of the National Protection and Programs Directorate at the Department of Homeland Security, testified before the U.S. House Committee on Energy and Commerce, Subcommittee on Environment and the Economy on Feb. 3. Beers and David Wulf, deputy director, Infrastructure Security Compliance Division, addressed committee concerns in response to an internal DHS report detailing CFATS program problems that was leaked and reported on by Fox News in December. More

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Legislative update: House committee approves transportation bill with hazmat programs; truck weight increase proposal defeated
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The House Transportation and Infrastructure Committee has approved H.R. 7, the American Energy and Infrastructure Jobs Act, by a vote of 29-24. This $260 billion bill would reauthorize the nation's surface transportation programs through fiscal year 2016. Included in the bill is a hazardous materials title that would make several positive changes to the Department of Transportation's hazardous materials programs. The full House of Representatives is scheduled to take up the bill soon. More

Regulatory update: FMCSA updates SMS methodology to include cellphone violations
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The Federal Motor Carrier Safety Administration has updated the Safety Measurement System Methodology so that it includes violations based on new cellphone regulations that ban commercial drivers from using mobile telephones while driving, including texting. FMCSA has added five texting and cellphone use violations in the Unsafe Driving Behavior Analysis and Safety Improvement Category (BASIC). The SMS updates also include a breakout of six current vehicle maintenance violations into 22 that provide more descriptive and detailed information about compliance with existing brake, wheel and coupling regulations. More

Legislative update: NACD and other business groups send letter in support of bonus depreciation
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NACD recently joined more than 100 other organizations in sending a letter asking for a reinstatement of 100 percent bonus depreciation to the members of the Congressional conference committee working on the payroll tax cut extension legislation. This measure, which was included in the House-passed version of the payroll tax cut extension bill, would allow businesses of all sizes to deduct 100 percent of the cost of capital investments made in 2012. More

  General Business Interest

TSA to reduce HME application fees for TWIC holders
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The Transportation Security Administration recently announced that it will begin offering Transportation Worker Identification Credential holders the option to pay a reduced fee when applying for a Hazardous Materials Endorsement Security Threat Assessment under its HME Security Threat Assessment Program. TSA considers the TWIC and HTAP STAs to be comparable, as they maintain the same eligibility requirements, use the same fingerprint-based criminal history records check, and have a consistent waiver and appeal process. More

WHO publishes report of chemical safety activities in 2011
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The WHO International Program on Chemical Safety has published a summary of activities undertaken in 2011. This includes details of concise international chemical assessment documents and international chemical safety cards published, tools for assessing chemical risks, and work carried out as part of the UN's Strategic Approach to International Chemicals Management. More

Fracking rules on US lands seen by Interior as model
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Federal rules for fracking on public lands, set to be released in a few weeks, may serve as a model for states to get companies to disclose the chemicals used in the drilling process, an Obama administration official said. The proposed federal standards will be compatible with rules already in place in states such as Wyoming and Texas, and will allow limited exemptions for "legitimate trade secrets," David Hayes, deputy Interior secretary, said. More

Chemical firms blame inventory destocking for poor finish in 2011
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The European debt crisis and cash-conserving buyers added to seasonal slowness that hurt U.S. chemical earnings in the fourth quarter of 2011. Chemical company CEOs share an outlook for 2012: They anticipate continued weakness in the first quarter but forecast a turnaround sometime thereafter. "At this point, many of our supply chain inventories are low, and we expect demand to pick up slowly, starting late in the first quarter or early in the second quarter," DuPont CEO Ellen J. Kullman said. More

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