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Regulatory Compliance Deadline: EPCRA Chemical Inventory Reports due this week
March 1 (this week) is the deadline for facilities to submit annual chemical inventory (Tier II) reports under the Emergency Planning and Community Right-to-Know Act (EPCRA). 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 (EPA) 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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Register now for the 2014 Washington Fly-In
Registration is now open for the annual NACD Washington Fly-In. Join your fellow members in making the chemical distribution industry's voice heard on Capitol Hill from April 30-May 1. Tell your Congressmen how your company creates jobs, improves your community and plays a pivotal role in the supply chain, all the while adhering to the safety standards of Responsible Distribution. Click here to register and make your hotel reservations.
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Regulatory Update: Calls for Inherently Safer Technology mandates intensify
Last week, USA Today published an article from former U.S. Environmental Protection Agency Administrator Christine Todd Whitman calling on the agency to use the Clean Air Act to require chemical facilities to adopt inherently safer technology. Click here to access the article. This is not the first time that Ms. Whitman has called for EPA imposed IST mandates. In 2012, she sent a letter to then-EPA Administrator Lisa Jackson urging her to take such action.
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Regulatory Update: Administrative law judge decision may impact TSCA Section 8(e) Reporting
Last November, the U.S. Environmental Protection Agency released a decision from an Administrative Law Judge ordering Elementis Chromium to pay more than $2.5 million in civil penalties for violating Toxic Substances Control Act Sections 8(e) and 15(3)(B). Specifically, EPA and the ALJ determined that the company failed to submit a copy of a draft report that corroborated information in early studies stating that as exposure to hexavalent chromium increases, so does cancer risk. NACD Environmental Regulatory Partner Bergeson & Campbell, P.C. points out that if the decision is upheld after any potential appeal, it may be used to support an expansion of Section 8(e) reporting requirements, which is important for companies to keep in mind when reviewing data for reportability. Click here for a detailed description of the case and analysis by Bergeson & Campbell.
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Regulatory Update: EPA finalizes rule on electronic hazardous waste manifests
Earlier this month, the U.S. Environmental Protection Agency published a final rule in the Federal Register to authorize the use of electronic manifests (e-Manifests) as a means to track off-site shipments of hazardous waste from a generator's site to the site of the receipt and disposition of the hazardous waste. This final rule also implements provisions of the Hazardous Waste Electronic Manifest Establishment Act, which directs EPA to establish an e-Manifest system, and to impose user fees to fund the development and operation of the system.
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Chemical industry safety group hears ideas in Louisiana
The Advocate
Members of a federal government working group tasked with making the chemical industry safer got an earful Feb. 19 during a public meeting in Baton Rouge, La. Environmental group representatives and community activists asked for the group to require chemical facilities to provide better public notification during accidents, emphasized the need for more enforceable regulations to promote safer practices and to find ways to get the chemical industry to look for ways to avoid problems in the first place.
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Poll finds chemical spill a 'wakeup call'
Sunday Gazette-Mail
West Virginians view the January chemical spill on the Elk River as a "wake-up call" that the state needs a different approach to environmental protection, according to a new public opinion poll conducted for the Sierra Club. Seventy-three percent of voters polled agreed West Virginia has paid too little attention to addressing threats to air and water, and that the Elk River spill should change that, according to the survey. Voters of all ages, education levels, incomes and political persuasions agreed, with particularly high agreement — 82 percent — among seniors.

Related: Freedom Industries to shut down 'sooner rather than later' (The Charleston Gazette)

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Preventing the hazards of above-ground storage tanks
Heather Rhoades
Above-ground storage tanks, or ASTs, are generally used in locations where installing underground tanks is not practical. They can be used for both residential and commercial purposes, and their capacities vary — the smaller ones accommodating as little as 50 gallons, and the larger ones carrying thousands of gallons. But ASTs can prove to be a hazard if they are not installed and maintained as required. These tanks are prone to rusting, stress, corrosion and cracking, and if such deterioration is not dealt with, harmful spills and leakages may occur.
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Fire in chemical storage shed forces evacuation of entire Iowa town
A fire in a storage shed for sulfuric acid forced the evacuation of an entire northern Iowa town of about 2,000 people Feb. 20, officials said. The fire started at about 7.30 a.m. CST in the shed at the municipal airport in Northwood, where sulfuric acid and other chemicals used by crop dusters was being kept.
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Tesoro thwarts federal investigators probing recent refinery accident
Contra Costa Times
Federal chemical safety officials say Tesoro Corp. is preventing them from investigating an incident at its refinery near Martinez in which two workers were burned by acid spewing from a broken pipe. Three U.S. Chemical Safety Board investigators showed up a day after the Feb. 12 incident and initially gained access, but Tesoro's lawyers raised "jurisdictional challenges" and forced the investigators to leave, said Dan Horowitz, the CSB's managing director. "We've certainly faced our share of jurisdictional challenges, but I can't think of another refinery or chemical plant that has taken a position that injuries aren't serious enough for us to investigate and that we lack jurisdiction," Horowitz said. "This is a new one to me."
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FDA agrees to deadlines on food safety overhaul
The Hill
The largest American food safety update in 70 years will be complete by spring 2016 under the terms of a settlement announced Feb. 20 between food safety advocates. A consent agreement filed in federal district court in Oakland, Calif., cements a new, staggered set of deadlines for Food Safety Modernization Act rules.
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Carriers worried but FMCSA says it's on target for certified medical examiners
Heavy Duty Trucking
Starting May 21 all driver medical exams have to be done by an examiner who is certified to the new National Registry standards. The requirement was set two years ago to ensure that examiners are trained, tested and certified to a national standard. The Federal Motor Carrier Safety Administration believes that by May 21 there will be enough examiners certified to handle the work, but trucking interests are not so sure. "We are concerned," said Rob Abbott, vice president of safety policy at American Trucking Associations.
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Trucking association urges caution with emissions rules
Refrigerated Transporter
The Obama administration announced that the U.S. Environmental Protection Agency and U.S. Department of Transportation will again be coordinating their efforts to implement a uniform, second phase national program to reduce greenhouse gas emissions and improve fuel efficiency from medium and heavy-duty trucks and buses. This announcement is the start of a process that will be fully fleshed-out and completed in a formal rulemaking process. Leaders of the American Trucking Associations, while supporting the goal of improved fuel efficiency of large trucks, pressed the Obama administration to proceed cautiously with setting new standards.
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Spec'ing trucks to prevent cargo theft
Commercial Carrier Journal
Beyond employee education, preventive spec'ing of both power units and trailers is critical. "There are a lot of things you can do to make it tougher on the criminals," such as modifying trailers in a variety of ways to make them tougher nuts to crack, says Carl Tapp, a retired maintenance director for P.A.M. Transportation, who now runs Solutions Advocates. "A lot of it depends on your budget," he says.
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Trucking companies deliver sales, profit gains
The Huffington Post
Privately held U.S. trucking companies posted their fourth year of higher sales, and profitability also improved in 2013, according to data from Sageworks, a financial information company. A financial statement analysis shows that private companies in the general-freight trucking industry, on average, increased sales by about 7 percent. Industry sales growth slowed from 2012, although not quite as much as sales slowed among private companies of all types in Sageworks' database.
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Such great heights: Chemical industry investment surpasses $100 billion
American Chemistry Matters
The United States continues to reign as the place to manufacture chemicals now, as potential U.S. chemical industry investment has now topped $100 billion. As of this month, the number of publicly-announced chemical and plastics projects stands at 148, with the tally continuing to grow (ACC's first report analyzed 97 projects valued at $71.7 billion announced through March 2013). Impressively, more than half of the investment dollars come from firms based outside the U.S. These projects could generate huge job gains — 637,000 permanent new U.S. jobs between 2010 and 2023, including 55,000 jobs in the chemical industry alone — and $16 billion in permanent tax revenue. And they are helping to drive a broader manufacturing renaissance as other industries benefit from lower-cost materials.
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Missed last week's issue? See which articles your colleagues read most.

    Regulatory Update: EPA sending notices of potential RMP noncompliance (NACD)
Drivers must start using FMCSA-approved doctors May 21 (Commercial Carrier Journal)
Regulatory Update: EPA issues 35 significant new use rules (NACD)

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

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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