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  NACD News

Legislative Update — NACD Chairman to Testify on TSCA Before House Subcommittee Tomorrow
NACD
Roger Harris, President of Producers Chemical Company and NACD’s chairman of the board, is testifying this Wednesday (March 12th at 10 a.m. Eastern Time) before a House Subcommittee on the Toxic Substances Control Act. He will testify on the Chemicals in Commerce Act of 2014 discussion draft released on February 27th. His testimony will focus on the need for reform, positive improvement contained in the draft and problematic areas as well that would disadvantage distributors that need revision. The discussion draft was introduced by Congressman John Shimkus, chairman of the House Energy and Commerce Committee’s Subcommittee on Environment and Economy, whose subcommittee is holding the hearing. You can watch the hearing, as well as view other witnesses and download testimony here.
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Regulatory Update — NACD Comments on OSHA Injury and Illness Reporting Proposal
NACD
Yesterday, NACD Vice President of Regulatory Affairs Jennifer Gibson filed comments expressing concerns about a proposed rule from the U.S. Occupational Safety and Health Administration (OSHA) on Tracking of Workplace Injuries and Illnesses. The proposed rule would increase the frequency of reporting for businesses with over 250 employees, require electronic reporting for all, and establish a system to make the information publicly available on the Internet. In the comments, NACD said that the proposal would force employers to disclose sensitive information to the public that can easily be manipulated, mischaracterized, and misused for reasons unrelated to safety, and subject employers to illegitimate attacks and employees to violations of their privacy. In addition, the NACD said that the rule would reverse OSHA's long-standing, "no-fault" approach to recordkeeping, and reduce employers' incentive to record questionable injuries.
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The 2014 Washington Fly-In Is Approaching Fast!
NACD
Register today for NACD's annual Washington Fly-In, to be held this year on April 30-May 1. The Fly-In is your opportunity to advance the chemical distribution industry's legislative agenda before Congress, and NACD will give you the tools to do just that. Tell your Senator or Representative how increasing tax burdens, regulatory overreach and uncertainty, and health care costs are causing much concern to you and your business. Whether you are a first-time attendee or veteran, NACD will prepare you for your meeting on the Hill with Beginning and Advanced training sessions. Register, view the agenda, and book your hotel reservations by clicking here. Please note that this year's schedule of events differs slightly from years past. Join us on April 30-May 1 to make a difference!
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Regulatory Update — OSHA Publishes Process Safety Management Comment Deadline Extension
NACD
On March 7, the U.S. Occupational Safety and Health Administration (OSHA) published a notice in the Federal Register officially extending the deadline for comments on the agency's Request for Information (RFI) on Process Safety Management and Prevention of Major Chemical Accidents from March 10 to March 31. NACD recently sent a letter to OSHA requesting the deadline extension. The RFI is in response to President Obama's Executive Order 13650 – Improving Chemical Facility Safety and Security (EO). Some of the options include expanding PSM coverage and requirements for reactive hazards, updating the list of chemicals subject to the PSM regulations, requiring third-party compliance audits, and narrowing the retail facilities PSM exemption.
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Legislative Update — Senate Hearing on Chemical Executive Order Focuses on IST
NACD
Last Thursday, the full Senate Environment and Public Works Committee held a hearing entitled “Preventing Potential Chemical Threats and Improving Safety: Oversight of the President's Executive Order on Improving Chemical Facility Safety and Security.” The hearing focused on inherently safer technologies (IST). Sen. John Barrasso (R-WY) said he believed "there is no need for EPA to impose additional regulations on top of regulations that already exist, but are not being enforced." However, several Senators on the Democratic side of the aisle suggested that the use of IST would have prevented chemical spills such as West Texas and Freedom Industries incidents. Chairman Barbara Boxer criticized the Environmental Protection Agency for not doing more through existing authority to increase federal oversight of chemical plants. EPA Assistant Administrator Mathy Stanislaus said the Executive Order interagency working group expects to send a report to the President by the end of May. Chairman Boxer’s opening statement, panelists' testimony, and the full webcast can be viewed online here.
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Legislative Update — New Senate Environment and Public Works Subcommittee Chairs Named
NACD
Senator Barbara Boxer (D-CA), who heads the Senate Environment and Public Works Committee, has named new subcommittee chairs. With the departure of former Senator Baucus as Ambassador to China, Senate Environment and Public Works Chairman Barbara Boxer (D-CA) has announced new subcommittee chairs. In another development recently, Senator Ed Markey (D-MA) joined the committee, replacing Senator Baucus.
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Regulatory Update — EPA Adds 50 Substances to Safer Chemical Ingredient List
NACD
The U.S. Environmental Protection Agency (EPA) has added 50 substances to the agency's Safer Chemical Ingredients List (SCIL). EPA created the list September 2012 and it now contains almost 650 chemicals that the agency considers to be safer, including more than 150 fragrance chemicals. EPA says that the SCIL was created to serve as a resource for manufacturers interested in making safer products, health and environmental advocates seeking to encourage the use of safer chemicals, and consumers seeking information on the ingredients in safer chemical products.
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Regulatory Update — DOT Issues Amended Emergency Order on Rail Transportation of Crude Oil
NACD
On March 6, the U.S. Department of Transportation issued an Amended and Restated Emergency Restriction and Prohibition Order on rail transportation of crude oil. The Amended Order clarifies, supersedes and replaces in its entirety the Original Order that DOT issued on February 25. and The Amended Order governs shipments of petroleum crude oil offered in transportation, in tank cars by rail, in commerce to, from and within the United States and does not cover other modes of transportation. The Emergency Order is effective as of February 25 and any crude oil shipped by rail before that date is excluded.
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Advocacy Resources — Share Your Story on Chemical ReACTions
NACD
Your members of Congress are relying on YOU to show them how legislation impacts their constituents. Sharing stories from your company is an important way to bring attention to issues relevant to chemical distributors.

Your personal narrative is quite valuable information for any legislator. A Congressional Management Foundation survey found that 48% of congressional staff said a personal story was helpful or very helpful to include in a message to Congress. Members of Congress frequently tell the stories of their constituents when giving a speech on the House or Senate floor.

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TRENDING ARTICLES
Missed last week's issue? See which articles your colleagues read most.

    Regulatory Update: Calls for Inherently Safer Technology mandates intensify (NACD)
Preventing the hazards of above-ground storage tanks (Heather Rhoades)
FDA agrees to deadlines on food safety overhaul (The Hill)

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


INDUSTRY TOPICS


Top Democrat seeking chemical safety changes signals compromise with GOP likely
The Dallas Morning News
Sen. Barbara Boxer, chairwoman of the Senate Environment and Public Works Committee, told an official with the EPA that she's dismayed by the agency's apparent reluctance to address threats like the ones posed by plants similar to West Fertilizer. But Boxer, who has made chemical safety enhancements a priority following the deadly explosion in West, Texas, also said she agrees with the panel's top Republican that new laws are less important than ensuring that existing rules are enforced.
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How to stop the next chemical spill
Climate Progress
After a mysterious chemical contaminated the water supply of some 300,000 West Virginians in January, residents were left with more than just a bad taste in their mouths. They had unanswered questions. The way America regulates its vast inventory of chemical compounds was immediately called into question. Lawmakers in West Virginia hurried to introduce new rules for chemical storage tank safety, a version of which just passed the state’s House of Representatives. But those who have been trying for broader reform say that bill is not enough. It would take more than one hastily-drafted bill, they said, to fix all of the loopholes and challenges that currently plague chemical safety and storage regulation. It would take more to prevent the next West Virginia.
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ATA says Obama's budget proposal doesn't help trucking
Truck News
American truckers are unhappy with a budget that seems to favor rail over trucking. The American Trucking Associations says the budget proposed by President Barack Obama "not only fails to recognize the realities of freight and passenger transportation, but offers nothing in the way of long-term stability for transportation funding."
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Padlock the milk! FDA's push to safeguard the food supply
Harvest Public Media via KUNC
Intentional contamination of bulk liquids is a key focus for the FDA as it pushes to implement uniform procedures aimed at protecting the U.S. food supply from terrorist acts.
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Industry challenges EPA's greenhouse gas rules in high court
NPR
The Supreme Court will hear arguments about the Environmental Protection Agency's first-ever greenhouse gas regulations for the biggest polluting facilities. The case focuses on a 3-year-old requirement that companies get permits anytime they construct new plants or modify existing ones that will emit a lot of greenhouse gases.
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Europe's chemical industry faces extinction in 10 years
Chemistry World
The European chemical industry soon go the way of the dinosaur, Jim Ratcliffe, chairman of Ineos, the U.K.'s largest chemical producer, has warned. In an open letter to José Manuel Barroso, president of the European commission, Ratcliffe predicted that most of Europe's chemical industry will close in the next 10 years thanks to the high cost of energy and feedstocks.
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Green trucking: Choices for fleets yet abound
Fleet Owner
Speakers on a kickoff panel of the annual Green Truck Summit, held in conjunction with this week's NTEA Work Truck Show, made one thing clear: Alternative fuels for trucking will remain a matter of considerable choice, and for years to come.
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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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