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Regulatory resources: General Duty Clause webinar slides now available
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The slides from the recent webinar on the Clean Air Act General Duty Clause are now available on the Members' Only Regulatory Resources section of the NACD website at These slides include a top 10 list of compliance issues provided by the Environmental Protection Agency. More

Legislative update: NACD responds to committee questions on future of CFATS
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NACD recently sent a letter from Chairman Andrew Skipp to House Energy and Commerce Committee Chairman Fred Upton, R-Mich., and Environment and the Economy Subcommittee Chairman John Shimkus, R-Ill., in response to several questions they had asked about the future of the Chemical Facility Anti-Terrorism Standards. The chairmen's letter asked whether NACD believes CFATS is working, how its costs can be justified, whether facilities are safer because of the program or in-house initiatives, and whether more stakeholder input is needed on implementation. In the response letter, NACD expressed support for CFATS and stated that the program has strengthened security at facilities, while recognizing that there are numerous implementation problems that DHS must address with input from industry. More

Regulatory update: Hours of service rule now partially in effect
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New federal hours-of-service rules that were published in December officially took effect on Feb. 27. Though some of the most significant changes will not be implemented for another 16 months, motor carriers and their commercial motor vehicle drivers were expected to comply with a number changes as of Feb 27. Beginning July 1, 2013, drivers of property-carrying CMVs will have to begin complying with new restrictions on use of the 34-hour restart option, as well as a new requirement for mandatory 30-minute breaks every eight hours. Drivers of passenger-carrying CMVs will not be affected by the 2013 changes. More

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Regulatory update: FMCSA to hold listening session of EORB proposal
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In the Feb. 29 Federal Register issue, the Federal Motor Carrier Safety Administration announced that it would hold a public listening session to solicit information, concepts, ideas and comments on electronic on board recorders (EOBRs) and the issue of driver harassment. This follows a Feb. 13 FMCSA announcement that the agency would proceed with the rulemaking to require all interstate carriers currently using Records of Duty logbooks to use EORBs to monitor hours of service compliance. The rulemaking was placed on hold after the U.S. Court of Appeals for the 7th Circuit vacated a 2010 FMCSA final rule requiring interstate commercial truck and bus companies with serious patterns of hours-of-service violations to install EOBRs in all of their vehicles. More

REACH update: ECHA issues report on registration problems
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The European Chemicals Agency released a report, "Evaluation Under REACH, Progress Report 2011," on quality problems with substance registration dossiers submitted under the European Union REACH regulation. Under REACH, ECHA is required to check 5 percent of the registration dossiers it receives for compliance with information requirements. In the report, ECHA said that it had checked 146 registration dossiers in 2011 and had sent all but 12 back to registrants asking them to upgrade the documents because of unclear or missing information. More

REACH update: Indiana University issues REACH lessons learned report
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The Indiana University School of Public and Environmental Affairs and the IU European Union Center have released a report, "Regulating Industrial Chemicals: Lessons for U.S. Policy Makers from the European Union's REACH Program," which was co-authored by John Graham, head of the Office of Management and Budget's Office of Information and Regulatory Affairs during the Bush administration. It concluded that some aspects of REACH are innovative and promising, while others are overly burdensome and complicated. Highlights of the report indicate that a REACH-type system in the U.S. should focus on opportunities to reduce risks to human health and the environment and that new legislation should provide clarification about critical standards, processes and tools while reducing unnecessary burdens on industry. More

  General Business Interest

Identifying TSCA work plan chemicals
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As part of EPA's continuing comprehensive approach to enhance the agency's existing chemicals management program, in March 2012, EPA identified a work plan of 83 chemicals for further assessment under the Toxic Substances Control Act. EPA identified seven of these chemicals for risk assessment in 2012. EPA intends to use the TSCA Work Plan Chemicals to help focus and direct the activities of the Existing Chemicals Program over the next several years. More

EPA asks for $14 million for fracking studies
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Environmental Protection Agency Administrator Lisa Jackson asked the House subcommittees on energy and power for $14 million in order to fund collaborative studies on hydraulic fracturing with other federal agencies. As part of EPA's 2010 House Appropriation Conference Committee directive, Jackson said $14 million of the agency's budget would go toward studies with the U.S. Geological Survey and the Department of Energy to "assess questions regarding hydraulic fracturing." More

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