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Regulatory Update: EPA sending notices of potential RMP noncompliance
The U.S. Environmental Protection Agency has sent Notices of Potential Non-Compliance with Risk Management Program regulations to numerous facilities, including NACD members, based on their Emergency Planning and Community Right-to-Know Act Tier II submissions. This is an effort by EPA to find RMP "outliers" and is related to the Chemical Safety and Security Executive Order activities. Click here for a copy of the letter. Receipt of one of these notices does not mean a facility is noncompliant.
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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 is March 1, less than two 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 and submit the MSDSs/SDSs (or a list of the chemicals) to their State Emergency Response Commission, Local Emergency Planning Committee 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. For more information on the requirements and submission instructions, please click here. Another excellent resource is a recording of a webinar that NACD held in 2012 on EPCRA requirements. To access this webinar recording, click here, or go to for the link to the recording, the slides and the list of questions and answers from the session. These materials are located under the EPA Enforcement section on the Regulatory Resources for NACD Members Only page. Please note that the webinar recording may take several minutes to download.
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Regulatory Update: DHS sends re-engagement letters to CFATS Tiers 3 and 4 facilities
Last week, the U.S. Department of Homeland Security's Infrastructure Security Compliance Division began sending Chemical Facility Anti-Terrorism Standards re-engagement letters to Tier 3 and Tier 4 facilities that have previously submitted a Site Security Plan or Alternative Security Program but have not yet received a Letter of Authorization from DHS. Over the past year, ISCD has significantly increased the pace of CFATS security plan reviews and site inspections. The agency is now conducting approximately 100 Authorization Inspections per month. ISCD is sending the re-engagement letters because of this increased pace and to ensure the accuracy of the information facilities submitted years ago. ISCD understands that circumstances may have changed since security plans were originally submitted so is reaching out in order save time and effort later in the compliance process. Click here for a copy of the letter and here for a new CFATS Resource Guide DHS created to accompany the letters.
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Regulatory Update: New Jersey Chemical Executive Order Listening Session rescheduled again
Due to another winter storm last week, the White House Executive Order 13650 — Improving Chemical Facility Safety and Security Working Group has again rescheduled the Newark, N.J., public listening session. Most recently scheduled for Feb. 13, the session will now take place Thursday, Feb. 27, from 1 to 8 p.m. Another session will take place tomorrow, Wednesday, Feb. 19, in Baton Rouge, La., from 1 to 8 p.m. 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.
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Regulatory Update: EPA issues 35 significant new use rules
On Feb. 12, the U.S. Environmental Protection Agency published a direct final rule in the Federal Register imposing Toxic Substances Control Act significant new use rules on 35 perfluorinated, nanoengineered and other chemicals. These chemical substances were the subject of TSCA premanufacture notices. Fourteen of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. The SNURs require persons who intend to manufacture or process any of these 35 chemical substances for activities designated as significant new uses by this rule to notify EPA at least 90 days before commencing these activities. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activities before they occur. NACD members who manufacture (including import), process or use any of the chemical substances contained in the rule may be potentially affected by this action. Of particular interest to NACD members is the inclusion of alkylphenols, which are the basis for many surfactants. This rule is effective on April 14, 2014. To view the rule, click here.
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Regulatory Update: OSHA issues interim final rule for food safety whistle-blower protections
On Feb. 13, the U.S. Occupational Safety and Health Administration published an interim final rule in the Federal Register to establish procedures for handling retaliation (whistle-blower) complaints under Section 402 of the Food and Drug Administration's Food Safety Modernization Act. Specifically, the interim rule establishes procedures and time frames for the handling of retaliation complaints under FSMA, including procedures and time frames for employee complaints to OSHA, investigations by OSHA, appeals of OSHA determinations to an administrative law judge for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (acting on behalf of the Secretary of Labor), and judicial review of the Secretary's final decision.
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Regulatory Update: FDA announces public meetings on food safety sanitary transportation proposed rule
The U.S. Food and Drug Administration has announced the third in a series of public meetings to be held on the Sanitary Transportation of Human and Animal Food Proposed Rule. The meeting will take place March 20 from 8:30 a.m. to 12:30 p.m. in College Park, Md. Additional meetings on the proposed rule will be held Feb. 27 in Chicago and March 13 in Anaheim, Calif. The Chicago and Anaheim meetings will also cover the FDA's Proposed Rule on Focused Mitigation Strategies to Protect Food Against Intentional Adulteration. A separate public meeting will be held on this rule on Feb. 20 in College Park, Md. Click here for the details for all of these meetings, including exact locations and times.
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Security Update: White House releases national cybersecurity framework
Last week, the White House, through the National Institute of Standards and Technology, released version 1.0 of the Framework for Improving Critical Infrastructure Cybersecurity. The Framework, a product of the 2013 White House Executive Order on "Improving Critical Infrastructure Cybersecurity," consists of standards, guidelines and practices to promote the protection of critical infrastructure. The Framework is intended to help owners and operators of critical infrastructure to manage cybersecurity-related risk. In addition, the Department of Homeland Security has created a Critical Infrastructure Cyber Community C3 Voluntary Program to help align critical infrastructure owners and operators with existing resources that will assist their efforts to adopt the Cybersecurity Framework and manage their cyber risks. Learn more about the CC3 Voluntary Program by visiting NIST has also issued a companion Roadmap that discusses the next steps for the Framework and identifies key areas of cybersecurity development, alignment and collaboration. In the interest of continuous improvement, NIST will continue to receive and consider informal feedback about the Framework and Roadmap.
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FMCSA counters GAO critique of safety program
The back-and-forth over the Compliance Safety and Accountability enforcement program continues, this time with the Federal Motor Carrier Safety Administration countering recent criticisms by the Government Accountability Office. GAO noted in its analysis that FMCSA had "significant and substantive disagreements," and the agency spelled out its concerns. GAO's contention was that the system does not track violations closely enough to measure crash risk for individual carriers, and that there's not enough data to reliably compare most carriers' performance with their peers. But GAO's analysis is off-target, said Joe DeLorenzo, director of FMCSA's Office of Enforcement and Compliance, in a presentation to a CSA advisory group meeting in Alexandria, Va.
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Drivers must start using FMCSA-approved doctors May 21
Commercial Carrier Journal
Drivers must begin using doctors from the Federal Motor Carrier Safety Administration's National Registry of Certified Medical Examiners May 21, per an update Feb. 12 from Larry Minor, the agency's Associate Administrator for Policy.
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Driver database rule made official, FMCSA says publication coming soon
A proposed rule establishing a database of CDL holders who have failed or refused to take a drug test will soon be published, the Federal Motor Carrier Safety Administration announced Feb. 12. The Commercial Driver's License Drug and Alcohol Clearinghouse, as it's known, will implement the database and require carriers to upload positive drug test results to FMCSA and require them to query the database when hiring drivers.
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Big business, labor back fuel tax increase to fund highways
Commercial Carrier Journal
American economic competitiveness and jobs are at stake if Congress can't come up with a plan to maintain and improve the nation's roads and bridges, representatives of big business and big labor told a Senate committee. And the most obvious solution is to include an increase in the gas and diesel tax in a robust, long-term highway bill.
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West Virginia legislature passes chemical storage tank bill
The Charleston Gazette
The West Virginia House Health Committee passed a bill to regulate above-ground chemical storage tanks and to require water utilities to submit plans to deal with possible contaminations like last month's Elk River chemical spill, but with significant differences from the bill that unanimously passed the state Senate last month. The bill passed unanimously after nearly four hours of discussion.
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Missed last week's issue? See which articles your colleagues read most.

    Regulatory Compliance Deadline: EPCRA Chemical Inventory reports due by March 1 (NACD)
EPA proposes 3 new Significant New Use Rules (Federal Register)
Will GAO report send FMCSA back to CSA drawing board? (DC Velocity)

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

How to comply with California's new safer product regulations
The trend away from toxic chemicals is clear: Growing market demand and government regulations are pushing companies to move away from chemicals of high concern to human health or the environment.
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OSHA, industry team up on chemical safety
Environmental Leader
The Occupational Safety and Health Administration, the Agricultural Retailers Association and The Fertilizer Institute are reaching out to more than 7,000 agricultural retailers, distributors, producers and other facilities in the fertilizer industry to encourage safe storing and handling of ammonium nitrate. This effort follows the April 2013 ammonium nitrate explosion in West, Texas, that killed 15, including 12 emergency response personnel.
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Global chemical distribution market: 10 percent CAGR growth forecast
The Global Chemical Distribution market is to grow at a CAGR of 9.69 percent over the period 2012-2016. One of the key factors contributing to this market growth is the increasing economic growth in the APAC region. The Global Chemical Distribution market has also been witnessing an increase in the number of mergers and acquisitions. However, regulatory challenges could pose a challenge to the growth of this market. With growing concerns over environmental issues and frequent inquiries by consumers about products that are sustainably produced, many chemical distributors are focusing on adopting sustainability principles in their operations.
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NACD NewsBrief
Colby Horton, Executive Vice President of Publishing, 469.420.2601
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