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Regulatory Compliance Deadline: EPCRA Chemical Inventory reports due by March 1
The deadline for facilities to submit annual chemical inventory (Tier II) reports under the Emergency Planning and Community Right-to-Know Act (EPCRA) is March 1, less than three weeks from now. Under EPCRA Section 311, for any hazardous chemical used or stored in the workplace, facilities must maintain a material safety data sheet/safety data sheet (MSDS/SDS), and submit the MSDSs/SDSs (or a list of the chemicals) to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire department. Under EPCRA Section 312, facilities must also report an annual inventory of these chemicals by March 1 of each year to their SERC, LEPC and local fire department. Failure to file chemical inventory reports is a common violation for which the U.S. Environmental Protection Agency has been increasingly imposing penalties on facilities.
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Legislative Update: NACD supports bill to authorize CFATS program for 2 years
House Committee on Homeland Security Chairman Michael McCaul, R-Texas, Subcommittee on Cybersecurity, Infrastructure Protection and Security Technologies Chairman Patrick Meehan, R-Pa., and Representative Gene Green, D-Texas, last week introduced H.R. 4007, the Chemical Facility Anti-Terrorism Standards Authorization and Accountability Act of 2014. The bipartisan bill — the result of several years of effort by NACD and its allies — will provide for a multiyear extension of CFATS while providing the Department of Homeland Security the tools to help build off their recent progress in implementing the program. The multiyear extension will give both DHS and industry the certainty they need to plan for the future. To view NACD's full statement on the bill, please click here. NACD is also working to have a companion bill introduced in the Senate. NACD, along with a coalition of other affected industry groups, sent a letter last week to Chairmen McCaul and Meehan as well as Ranking Members Bennie Thompson, D-Miss., and Yvette Clarke, D-N.Y., to voice support for the legislation. To view the letter, please click here. If you would like to contact your Representatives to urge their support of this bill, please click here.
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Legislative Update: Senate committee holds hearing on West Virginia chemical spill
Senate Committee on Environment and Public Works Subcommittee on Water and Wildlife Chairman Benjamin Cardin, D-Md., last week held a hearing to examine the response and circumstances surrounding the recent chemical spill in West Virginia. The hearing featured testimony from West Virginia state administrators and water utility operators as well as industry representatives in an effort to determine the best approach to mitigate risk factors and prepare for contingencies in the future. The hearing also addressed the recently introduced S. 1961, the Chemical Safety and Drinking Water Protection Act of 2014. The bill introduced by Sens. Joe Manchin, D-W.V., John Rockefeller, D-W.V., and Barbara Boxer, D-Calif., would mandate state programs to set standards for and regularly inspect chemical facilities located near sources of drinking water. NACD recently met with Sen. Manchin's office to discuss the proposed bill's impact on the chemical distribution industry. NACD will continue to work closely with Sen. Manchin and others on the right approach to ensure chemical facility safety. To view more details on the hearing, please click here.
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Legislative Update: House subcommittee holds TSCA hearing
The House Energy and Commerce Subcommittee on Environment and the Economy held a hearing last week entitled "Testing of Chemicals and Reporting and Retention of Information under TSCA Sections 4 and 8." This was the Subcommittee's fifth in a series of hearings during this Congress on the various sections of the Toxic Substances Control Act. The purpose of last week's hearing was to provide information on how the U.S. Environmental Protection Agency collects information on existing chemicals under TSCA. This is an important aspect of TSCA for NACD members as importers are required to report information under the TSCA Chemical Data Reporting program, and even more reporting could be required if the law is revised. NACD has been working to make sure that any reporting requirements are reasonable and that they do not require distributors to report information that is difficult for them to obtain and validate. Click here to view a webcast of the hearing and to read the background memo. To read NACD Environmental Regulatory Partner Bergeson & Campbell's complete report on the hearing, click here.
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Regulatory Update: Additional chemical executive order listening sessions scheduled
The White House Executive Order 13650 — Improving Chemical Facility Safety and Security — Working Group has two additional public listening sessions scheduled. The next session will take place on Thursday, Feb. 13, in Newark, N.J. This session had been scheduled for last Wednesday, but was postponed because of the weather. Another session will take place on Wednesday, Feb. 19, in Baton Rouge, La. Click here for more information and to register. NACD members in the Newark and Baton Rouge vicinities are strongly encouraged to participate in these listening sessions. The environmental community is out in force calling for inherently safer technology mandates and other regulatory expansions, and the administration is seriously considering these proposals as outlined in its recently-released document — Solicitation of Public Input on Options for Policy, Regulation, and Standards Modernization. It is critical for industry, including chemical distributors, to be well-represented at the listening sessions in order to prevent the adoption of increased regulations that will place more needless burdens on chemical distributors. NACD members in particular have an excellent story to tell with Responsible Distribution. Please contact Jennifer Gibson at jgibson@nacd.com or (571) 482-3047 if you need assistance with comments.
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Regulatory Update: EPA issues Significant New Use Rules
On February 4, the U.S. Environmental Protection Agency published in the Federal Register a Toxic Substances Control Act significant new use rule for chemical substances identified generically as complex strontium aluminate, rare earth doped, which were the subject of several premanufacture notices. These substances are used as a photoluminescent dye in glow-in-the-dark paints, glow sticks, and other luminescent products. The SNUR requires persons who intend to manufacture (including import) or process any of the chemical substances for an activity that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs. The final rule will take effect on April 7, 2014. Click here for a copy of the SNUR.
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Regulatory Update: NLRB re-proposes ambush election rule
Feb. 6, the National Labor Relations Board re-issued its "ambush election" proposed rule in the Federal Register. The original ambush election rule, which was struck down by the D.C Circuit Court for procedural reasons, would have substantially shortened the time between when a union petitions for an election and the NLRB conducts the election. This would significantly alter the entire union representation election process to favor unions by limiting employers' due process rights to provide information to employees. Currently, the median time between petition and election is 38 days. Under the original ambush election proposal, the time frame could have been as short as 10 days. The shorter the election, the less time employers and employees have to communicate about the general disadvantages of unions or about a specific union attempting to organize the workplace.
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EPA proposes 3 new Significant New Use Rules
Federal Register
The U.S. Environmental Protection Agency is proposing significant new use rules under the Toxic Substances Control Act for three chemical substances that were the subject of premanufacture notices. This action would require persons who intend to manufacture (including import) or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity.
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TRENDING ARTICLES
Missed last week's issue? See which articles your colleagues read most.

    Opinion: The next accident awaits (The New York Times)
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Will GAO report send FMCSA back to CSA drawing board?
DC Velocity
To its critics, Compliance, Safety, and Accountability 2010, the Federal Motor Carrier Safety Administration's ambitious effort to remove unsafe drivers from the roads, has skated on thin ice throughout its four-year life. In the wake of a federal government study released in February raising concerns about the program's methodology, the ice may be thinning some more.
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CSB: 3 months before West Virginia spill, inspection found problems
The Charleston Gazette
An inspection three months before the Jan. 9 chemical spill found that chemical storage tanks at Freedom Industries did not meet industry standards, the U.S Chemical Safety Board has found. The inspection, conducted by Tank Engineering and Management Consultants, which was hired by Freedom, noted the tanks had "been maintained to some structural integrity" but were not in full compliance with industry standards, CSB Chairman Rafael Moure-Eraso told a House subcommittee field hearing.
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Chemical industry takes aim at citizens in 'reform' bill
The Huffington Post
Recently, industrial chemical manufacturers and users have supported a new and subtle method for undermining legal responsibility. They are using efforts in the U.S. Senate to update the Toxic Substances Control Act — the primary law governing federal regulation of hazardous chemicals — to enact "evidentiary preemption." Specifically, the chemical industry is supporting the Chemical Safety Improvements Act, which contains a provision that would fundamentally change how civil courts consider evidence regarding the harms posed by toxic chemicals in many tort cases where people have been injured by those substances.
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House Transportation chair nixes higher fuel tax in favor of mileage levy
Commercial Carrier Journal
The chairman of the House Transportation and Infrastructure Committee, Bill Shuster, R-Pa., said at transportation conference this week that he does not support raising fuel taxes to pay for highways and instead voiced support for implementing a mileage tax. Trucking groups, including the American Trucking Associations, have long been proponents of raising taxes on fuel as a means to fund U.S. roads.
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Federal agency accuses 3 oil companies of mislabeling hazardous truck shipments
AllGov
Nearly a dozen shipments of oil coming out of North Dakota were mislabeled by oil producers, potentially creating hazardous risks, federal regulators have found. The Pipeline and Hazardous Materials Safety Administration, which oversees the transportation of petroleum, said samples taken from 11 out of 18 truck shipments en route to rail loading stations were misclassified. The companies responsible for the errors were Hess Corp., Whiting Oil and Gas Corp., and Marathon Oil Co. The three businesses face fines totaling $93,000.
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Truckers must pay late HVUT fees
Today's Trucking
Two years ago the U.S. federal government's revenue service, the Internal Revenue Service or IRS gave truckers a break over the filing of the heavy vehicle use tax, but now that's coming back to haunt some people, the American Trucking Associations folks said in their state laws newsletter.
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Hopping a beverage trailer to DC
Overdrive
The Motor Carrier Safety Advisory Committee will be meeting Feb. 10-13. On the agenda: discussions on what FMCSA's highway-bill agenda should be. Judging by all that came out of the last one — boosted enforcement authority, the raised broker bond, EOBR mandate (still not in a rule as of today) and more — what comes out of the meeting will hold particular import for trucking going forward.
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NACD NewsBrief
Colby Horton, Executive Vice President of Publishing, 469.420.2601
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