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Legislative Update: NACD chairman testifies before Congress
Roger Harris, chairman of NACD, testified before the House Energy and Commerce Subcommittee on Environment and the Economy at a hearing March 12 on a discussion draft of legislation that subcommittee Chairman John Shimkus, R-Ill., made public to inform him on needed changes to the Toxic Substances Control Act. In his testimony, Harris supported several aspects of the draft legislation, including federal preemption of state laws and regulations, preserving confidential business information while ensuring real-time access by emergency responders and health care providers, and the importance of prioritizing chemicals for safety reviews to focus resources. He also made specific recommendations of particular importance to the chemical distribution industry regarding the need to ensure the focus of safety assessments is on chemicals instead of mixtures and to minimize reporting by our industry of use and exposure information of which our customers have more detailed and accurate information. His remarks were well received overall. You can view his testimony here and a video recording of the hearing here.
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Regulatory Victory: DOT final rule brings special permit widely used by NACD members under HMR, eliminating need for future applications
Today, the U.S. Department of Transportation's Pipeline and Hazardous Safety Administration published a final rule in the Federal Register to incorporate several DOT Special Permits directly into the Hazardous Materials Regulations. Among the SPs that will now be included in the HMR is SP 11836, which authorizes the transportation of ammonia solutions in vented drums. Numerous NACD members use this SP, and its inclusion under the HMR will eliminate the need for companies to reapply for party status or renewal every four years. When PHSMA proposed the inclusion of SP 11836 in the HMR several months ago, NACD filed comments in support.
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Regulatory Resources: NACD to host April 3 webinar to update members on Chemical Executive Order
Please join NACD on Thursday, April 3, at 12 noon Eastern time for a webinar to update members on the White House Executive Order — Improving Chemical Facility Safety and Security. This Executive Order, which President Barack Obama issued last Aug. 1, directed the Department of Homeland Security, the Environmental Protection Agency, the Department of Labor, the Department of Justice, the Department of Agriculture and the Department of Transportation to establish a Chemical Facility Safety and Security Working Group to improve chemical facility safety and security in coordination with State regulators; State, local, and tribal emergency responders; chemical facility owners and operators; and local and tribal communities.
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Regulatory Resources: Responsible Distribution Workshop to include regulatory sessions
Several valuable regulatory sessions will be held as part of the upcoming Responsible Distribution Workshop, which will take place April 8-9 in Ann Arbor, Mich. NACD Vice President of Regulatory Affairs Jennifer Gibson will provide an update on the federal government's latest regulatory proposals and enforcement initiatives. There will also be a member panel on How to Train Your Employees on Regulatory Requirements. In addition, Sandra Miller, Regulatory Specialist from ICC Compliance Center, one of NACD's Regulatory Compliance Preferred Providers, will present a session on Top 10 OSHA Violations. Finally, Scott Perkins, Sr. Consultant, MMA Environmental, LLC, another NACD Compliance Preferred Provider, will conduct a Mock Regulatory Audit. In addition, we will have federal agency participation including a representative of the Federal Motor Carrier Safety Administration to discuss Pre-Employment Screening and the Federal Bureau of Investigation to present a Know Your Customer session. For more information and to register, please click here.
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Legislative Update: NACD signs industry-wide letter supporting House TSCA process
NACD and 93 other trade associations, representing almost the entire value chain of industries affected by chemical laws, signed a letter to the Chairmen and Ranking Members of the House Committee on Energy and Commerce and subcommittee overseeing Toxic Substances Control Act reform supporting TSCA reform and the House process. Congressman John Shimkus, Chairman of the Subcommittee on Environment and the Economy has issued a discussion draft of legislation that he intends to introduce after receiving feedback; the letter supports this process. Shimkus will receive feedback through hearing and individual meetings. NACD has been heavily engaged in this process; NACD Chairman Roger Harris testified last week (see related article) before the subcommittee on the discussion draft and both staff and the members of the NACD Advocacy Committee have met privately with key legislators and their staff to stress issues of particular importance to NACD.
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Regulatory Update: NACD expresses concerns about CFATS Personnel Surety Program
Last week, NACD Vice President of Regulatory Affairs Jennifer Gibson participated in a meeting at the White House Office of Management and Budget to discuss concerns about the Personnel Surety Program that the U.S. Department of Homeland Security has proposed to implement Chemical Facility Anti-Terrorism Standards Risk Based Performance Standard 12. DHS submitted the proposal, which is expected to be the final of many iterations, to OMB for review last month. This is likely the last stage in the process before the program is finalized and regulated facilities must comply. DHS did not make any significant changes from the previous version of the proposal.
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NACD joins organizations to urge action on new Detroit-Windsor Bridge project
NACD has joined with 39 other state and national organizations representing construction, distribution, manufacturing, labor and the general business community to call for swift action by the Obama administration on a new bridge between the United States and Canada across the Detroit River. In a letter to President Barack Obama and senior cabinet members sent today, NACD and the other groups urged the administration to swiftly resolve questions surrounding funding for the U.S. customs facility associated with the project so construction can commence. The new six-lane bridge, which has been on the drawing board for a decade, has important logistics and supply chain implications. The Detroit-Windsor trade corridor is the busiest between the United States and Canada, handling 8,000 truck crossings and 68,000 travelers daily. The existing four-lane, 85-year old Ambassador Bridge is inadequate to handle projected volume increases.
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Regulatory Update: Chemical Executive Order Working Group issues update
The interagency Working Group charged with carrying out Executive Order 13650 — Improving Chemical Facility Safety and Security recently released a seven-page progress report with an update on activities since the previous report, which was issued in December. The report focuses on six specific recommendations based on input collected during the Executive Order Listening Sessions and other submissions. These recommendations are to expand industry engagement in the local emergency planning process; to improve training for first responders with a focus on OSHA's HAZWOPER Standard; to provide more technical assistance to State, Local, and Tribal Emergency Planning Committees; to identify and coordinate funding sources for LEPCs; to increase the use of electronic reporting and data management; and to improve public participation in emergency response planning and access to information about chemical risks.
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Regulatory Update: National registry requirement for trucker medical exams takes effect May 21
NACD member companies may want to make sure that their truck operators are medically recertified before May 21, 2014. After that date, the only way to get medically qualified to hold a commercial driver's license is by going to a medical examiner listed on National Registry of Certified Medical Examiners. Truck operators must use an examiner from this registry and not family doctors or other familiar physicians unless they are certified and on the registry. It is likely that some providers, especially in rural areas, will not go through the process of being trained and certified in order to provide DOT physicals each year. The Federal Motor Carrier Safety Administration requires ALL drivers to use a medical examiner listed in the Registry. It is the responsibility of the motor carriers and drivers to make sure the medical provider they use is listed on the Registry. Click here to find a medical provider near you listed on the registry.
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State Regulatory Update: California announces first draft priority products under Safer Consumer Products regulations
The California Department of Toxic Substances Control announced on March 13 the first draft Priority Products under the Safer Consumer Products Regulations. The three draft PPs are:
  • Children's foam-padded sleeping products containing tris(1,3-dichloro-2-propyl) phosphate;
  • Spray polyurethane foam systems containing unreacted diisocyanates; and
  • Paint and varnish strippers and surface cleaners containing methylene chloride.

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States fight chemical industry over proposed rules
The Washington Post
An effort in Congress to modernize a patchwork system of state and federal laws governing chemical safety is generating debate between a bipartisan group of state legislators who say the update would rob states of the ability to regulate sometimes toxic substances within their own borders and businesses who say they need regulatory certainty to grow jobs and the economy. In a letter sent to the House Energy and Commerce subcommittee chairman and the ranking member, Reps. John Shimkus, R-Ill., and Paul Tonko, D-N.Y., the National Conference of State Legislators said a draft version of the Chemicals in Commerce Act would take authority to regulate chemicals out of the hands of states and localities. Regulation would be entirely up to the Environmental Protection Agency.
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Senators meeting regularly on TSCA reform — but no time frame for moving bill
Bloomberg BNA
The lead Senate proponents of reforming the Toxic Substances Control Act have been meeting regularly but do not yet have a time frame for attempting to move legislation, Sen. Tom Udall, D-N.M., told Bloomberg BNA March 13. Udall, the lead Democrat working on TSCA reform, said he has been tracking House legislation to reform the statute and said he feels "very positive" about the prospects of passing legislation to reform the 1976 law. But Udall said there was not yet a time frame for introducing a revised version of the Chemical Safety Improvement Act.
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Missed last week's issue? See which articles your colleagues read most.

    Legislative Update — NACD chairman testifies on TSCA before House subcommittee (NACD)
Europe's chemical industry faces extinction in 10 years (Chemistry World)
How to stop the next chemical spill (Climate Progress)

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Ferro defends HOS change, CSA in House hearing
Commercial Carrier Journal
The Federal Motor Carrier Safety Administration wasn't established to protect the trucking industry, Administrator Anne Ferro told Congress in March as she defended the agency's public display of trucking company safety scores and new hours-of-service rules. In an oversight hearing on the implementation of various MAP-21 mandates, several members of the House Transportation Subcommittee on Highways and Transit questioned Ferro about some "unintended consequences" of HOS changes and about the recent Government Accountability Office study that was critical of the Compliance, Safety, Accountability program. Rep. Richard Hanna suggested that FMCSA is "hurting the people that you are paid to help."
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DOT inspector general faults CSA data quality, interventions
Fleet Owner
In an audit report that focuses primarily on the limited issue of the timeliness and completeness of state- and carrier-reported data, the U.S. Dept. of Transportation's Office of Inspector General said the Federal Motor Carrier Safety Administration has not fully implemented various planned steps to improve the data underlying the Compliance, Safety, Accountability program. The audit report released on March 7 also notes that only 10 states had fully implemented CSA enforcement interventions due to delays in receiving and being trained on new software needed for assessing and monitoring interventions. FMCSA expects to release the software by May 2015.
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The FMCSA's electronic logging device mandate: A look at what's in it
Commercial Carrier Journal
The Federal Motor Carrier Safety Administration announced March 12 a Supplemental Notice of Proposed Rulemaking to mandate electronic logging devices. The rule's effective date and publication date in the Federal Register were not announced. It's likely the rule will go into effect in late 2016. The proposal says it will go into effect two years after the final rule is issued, which could happen in the second half of 2014. The rule estimates the annualized cost of compliance for the new rule will be between $165 and $832 per truck. Here's a breakdown of the four parts of the proposal.
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The continuing infrastructure drama
DC Velocity
With the clock ticking on the current transportation funding legislation (which expires Sept. 30), the big question looming is how it will be replaced. There is no disagreement that the country's infrastructure has reached a critical state of disrepair. The debate is over how improvements will be funded, and so far, Congress has been unable to reach a consensus. Part of the problem is the vast amount of money involved.
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More study — but no action — on West Virginia chemical safety plan
The Charleston Gazette
The citizens of West Virginia are still waiting for the likely signing by Gov. Earl Ray Tomblin of SB 373, the legislation that grew out of the Elk River chemical spill.
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CARB proposes changes to clean air rules for trucks
Food Logistics
Late last week the California Air Resources Board unveiled several amendments to its Truck and Bus Regulation that are designed to provide new flexibility to truckers working to clean up their aging diesel fleets, while still protecting the important emission benefits the regulation provides, according to the board. CARB members will consider the changes at the April 24 hearing.
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Truck driver turnover drops — but still high
The turnover rate at large truckload carriers fell 6 percentage points to 91 percent in the fourth quarter of 2013 but held above 90 percent for the eighth consecutive quarter, according to new figures released by the American Trucking Associations. The decline was the second straight for the measure of churn in the driver pool; however, ATA Chief Economist Bob Costello said it continues to be elevated.
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