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Regulatory Compliance Resources: As audits increase, NACD to hold TSCA webinar on June 6
The U.S. Environmental Protection Agency has recently increased its frequency of Toxic Substances Control Act compliance audits on industry, including NACD members. To help members stay compliant with TSCA requirements and to be prepared for an EPA audit, NACD will host a webinar, "TSCA – More Than 'Toxic' Chemicals, More Than Manufacturing Regulations," on Thursday, June 6, at 12 noon Eastern time. During this webinar, Lynn Bergeson and Kathleen Roberts of NACD Environmental Regulatory Partner Bergeson & Campbell, P.C., will review the various TSCA sections and provide an analysis of how the regulations apply not only to chemical manufacturers, but also to chemical distributors who use, store, repackage, formulate, process, dispose of and/or import chemical products. If you have questions on whether your operations are subject to TSCA regulations or on the specific requirements of the law, you will not want to miss this timely webinar. Click here to register today.
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Regulatory Alert: Roadside inspection blitz to take place June 4-6
The Commercial Vehicle Safety Alliance has announced "Roadcheck 2013." Through this initiative, thousands of law enforcement officers will blanket North America's roadways for 72 continuous hours beginning Tuesday, June 4, and ending Thursday, June 6, to conduct comprehensive safety inspections of trucks and buses and to enforce safety belt use. Roadcheck is the largest targeted enforcement program on commercial vehicles in the world, with approximately 17 trucks or buses being inspected, on average, every minute from Canada to Mexico during the 72-hour period. CVSA sponsors the annual Roadcheck with participation by the Federal Motor Carrier Safety Administration, Pipeline and Hazardous Materials Safety Administration, Canadian Council of Motor Transport Administrators, Transport Canada and the Secretariat of Communications and Transportation (Mexico). Approximately 10,000 CVSA-certified local, state, provincial and federal inspectors at 1,500 locations across North America will perform the truck and bus inspections.
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Legislative Update: NACD testifies on Capitol Hill on Keystone XL pipeline
Last Thursday, Mat Brainerd, Chairman and CEO of Brainerd Chemical Company, Inc. and NACD's Vice Chairman, testified at a hearing of the Subcommittee on Agriculture, Energy and Trade of the House Committee on Small Business on the construction of the Keystone XL Pipeline. Brainerd emphasized the beneficial affects construction of the pipeline would have on not only the oil and refining industries, but also on small businesses in the chemical distribution industry. "Small businesses like mine and my colleagues in the chemical distribution industry would be directly and beneficially affected by its construction, leading to reduced costs for both ourselves and, ultimately, our customers," stated Brainerd. Click here to view NACD's full testimony and/or an archive of the hearing.
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Legislative Update: Senate committee votes along party lines to confirm Gina McCarthy for EPA administrator
On May 16, the Senate Environment and Public Works Committee voted 10-8 along party lines to confirm Gina McCarthy for EPA administrator. The week before, her confirmation process was held up because Republicans boycotted the hearing, citing a number of issues that EPA had committed to provide further information at McCarthy's confirmation hearing but had failed to produce. EPA has yet to produce the information, so Republicans voted against her. Republicans agreed to attend the hearing last week because EPA promised again to produce the information, but they voted "NO" because the information had yet to be produced. The information concerns five separate issues that each involve inadequate transparency from the agency, including private work emails in violation of regulations and potential collusion between EPA and environmental groups in litigation with industry. Click here for a copy of the May 16 letter from top Committee Republican, Senator David Vitter, R-La., to EPA Acting Administrator Perciasepe and McCarthy regarding the information.
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Regulatory Update: EPA revokes testing requirements for pigment
On May 13, the U.S. Environmental Protection Agency published a final rule in the Federal Register to implement the agency's decision to revoke certain testing requirements promulgated under the Toxic Substance Control Act for the High Production Volume chemical substance, benzenesulfonic acid, [[4-[[4-(phenylamino)phenyl][4-(phenylimino)-2,5-cyclohexadien-1-ylidene]methyl]phenyl]amino]- (CAS No. 1324-76-1), also known as C.I. Pigment Blue 61. After an earlier publication in the Federal Register of a final rule requiring testing for C.I. Pigment Blue 61, EPA received adequate, existing studies which eliminated the need for testing. The final rule will be effective on June 12, 2013. For a copy of the final rule, go to
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Regulatory Update: Chemical Safety Board issues update, video on Texas explosion
Last week, the U.S. Chemical Safety and Hazard Investigation Board stated it would continue to work to examine all aspects of the West Fertilizer explosion, even as other agencies were wrapping up their on-site investigations. The CSB investigation will look into ammonium nitrate safe handling and storage standards; land use planning and zoning practices for high-hazard facilities in relation to schools, public facilities and residential areas; ammonium nitrate detonation mechanisms; the effectiveness of regulatory coverage including the Occupational Safety and Health Administration, Environmental Protection Agency and the State of Texas; whether there are inherently safer products or safer ways to store and mitigate the damage should a fire or explosion occur; and the emergency response during the fire at West, and practices, including preparedness, fire codes and guidelines for good practices found in other jurisdictions. CSB Chairperson Rafael Moure-Eraso said, "This accident produced far more offsite community damage and destruction than any we have investigated since the agency opened its doors in 1998." The agency has also released a three-minute video that documents the destruction in West and has set up a Facebook page on the explosion and its aftermath. For more information, go to
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Regulatory Update: South Korea adopts K-REACH
Last month, the South Korean National Assembly enacted the Act on Registration and Evaluation, Authorization and Restriction of Chemical Substances, commonly known as Korea REACH or K-REACH. The law is scheduled to come into force on Jan. 1, 2015. As does the European Union's REACH regulation, K-REACH is intended to prescribe the process for chemical registration, evaluation, assessment of hazards and risks of chemical substances and products containing hazardous chemical substances, and to protect public health and the environment. It identifies the principles under which South Korea will modify and implement its chemical management program, which includes new and existing chemical notification requirements. K-REACH follows the basic concept of placing the burden on manufacturers and importers to supply data that ensure the substances being placed on the market are safe for use. K-REACH also contains reporting/notification requirements pertinent to products that contain chemicals identified as toxic substances and sets forth product safety review provisions, product safety labeling requirements and sales bans and recall provisions. Click here for a detailed summary and analysis of K-REACH from NACD Environmental Regulatory Partner Bergeson & Campbell, P.C. The B&C analysis also includes links to the complete text of the Act as well as a courtesy translation.
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  General Business Interest

NACD: Focusing on real solutions
The chemical distribution industry has a strong track record of delivering on its commitment to the safe handling, storage and delivery of its products. Its suppliers rely on the high quality created through implementation of NACD's Responsible Distribution program and customers expect it. NACD members' safety numbers are consistently higher than their non-member peers and continue to be twice as good as all manufacturing combined. These results help NACD members drive real solutions to enable their businesses to grow and thrive.
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Missed last week's issue? See which articles your colleagues read most.

    Court strikes down NLRB poster rule (NACD)
New CFATS fact sheet shows increase in security plan approval pace (NACD)
After West blast, chemical stockpiles scrutinized (The Texas Tribune)

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House could withhold DHS funds while awaiting chemical security report
House appropriators are looking to withhold $20 million in fiscal 2014 funds from the Homeland Security Department until it delivers a spending plan and progress report for its beleaguered chemical security program.
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After deadly chemical plant disasters, there's little action
For years, a loose network of environmental groups, public health organizations and members of Congress, both Democratic and Republican, has fought to require companies to try to redesign their chemical facilities, to make them safer. Engineers often call the approach "inherently safer" technology or design.
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National Tank Truck Carriers (NTTC)

The National Tank Truck Carriers, Inc. (NTTC) represents the tank truck industry before Congress and various federal agencies. Our mission is to champion safety and success in the tank truck community and the people we serve. NTTC’s membership consists of tank truck carriers that specialize in bulk transportation services throughout North America and over 300 vendors that serve our industry.
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New fracking regulations upset just about everybody
The Christian Science Monitor
Environmentalists and industry representatives are criticizing new draft regulations on hydraulic fracturing, a controversial drilling method that has helped spark an oil and gas boom. The shared discontent reflects the complexity of the debate surrounding hydraulic fracturing and natural gas use.
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7 tips for teaching new log rules
The American Trucking Associations has published an easy-to-use, free tip sheet to help you help your drivers understand the new hours-of-service rules.
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ISO14001 revision prompts greater focus on environmental compliance
EHS Today
The revision of the ISO 14001 environmental management system standard may compel companies to take a more proactive approach to environmental regulatory compliance.
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How strong is the economic impact of the US oil and gas boom?
Stefanie Heerwig
Since the fracking boom, the media has been awash with articles about the impacts of the oil and gas industry on the U.S. economy. True, oil and gas extraction has risen by 24 percent since 2009 while the U.S. economy expanded by 7.6 percent, recovering 20 percent of its jobs lost since the financial meltdown. But how strong is the correlation between the oil and gas boom and the economic situation in the U.S. — or more exactly, is it as high as anticipated by so many?
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Road to a greener America littered with road kill
The "California Hydrogen Highway," former Gov. Arnold Schwarzenegger's vision to ensure that every Californian would have access to a hydrogen fueling station by the end of 2010, called for the state to spend more than $50 million to help deploy up to 100 hydrogen fuel stations that would serve 2,000 fuel cell vehicles. "We got 200 stakeholders around a table, literally, and mapped out who could get stations where," said Terry Tamminen, a top adviser to Schwarzenegger. But nearly nine years later, California has just nine hydrogen stations open for the public, and only about 200 fuel cell cars that can use them.
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NACD NewsBrief
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