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  NACD News

Regulatory update: FMCSA clarifies that IBCs included in tank vehicle definition – for now
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On May 24, the Federal Motor Carrier Safety Administration published regulatory guidance in the Federal Register to clarify its definition of a tank vehicle. That definition, adopted in May 2011, revised the definition of "tank vehicle" and required that any driver transporting intermediate bulk containers (IBCs) with an individual capacity of 119 gallons or more and an aggregate capacity of 1,000 gallons or more, needs to obtain a tank vehicle endorsement on his/her commercial driver's license. Industry filed a Petition for Rulemaking to revisit the definition of tank vehicle to exclude vehicles that are not actually tanks. FMCSA granted this petition last month. However, in the meantime, according to the May 24 FMCSA guidance, IBCs are included in the definition. More

Regulatory update: NACD responds to continued New York Times calls for EPA involvement in chemical security
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NACD President Chris Jahn has responded to the second New York Times editorial in three weeks calling on the U.S. Environmental Protection Agency to use the Clean Air Act General Duty Clause to force chemical facilities to implement "inherently safer technologies" in the name of security. More

Regulatory update: NACD submits request for extension of CDR reporting period
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NACD has sent a letter to U.S. Environmental Protection Agency Office of Pollution Prevention and Toxics Director Wendy Cleland-Hamnett in support of the North American Metals Council's request for an extension of the reporting period for the Chemical Data Reporting rule under the Toxic Substances Control Act. The NACD and NAMC letters request the extension until Sept. 30, which would align the deadline with those of future CDR reporting periods. More

Regulatory update and resources: CSB commends Massachusetts on process safety management regulations; MCTA to hold compliance workshops in June
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The U.S. Chemical Safety and Hazard Investigation Board has commended the Commonwealth of Massachusetts for its adoption of new Process Safety Management regulations. These rules, which took effect in February, require chemical companies to certify that they comply with the Occupational Safety and Health Administration Process Safety regulations and the Environmental Protection Agency's Risk Management Program requirements. More

  General Business Interest

Cadmium compounds, flame retardants and diisocyanates added to US priority testing list
Chemical Watch    Share    Share on FacebookTwitterShare on LinkedinE-mail article
The U.S. Toxic Substances Control Act Interagency Testing Committee has added several categories of chemicals to the TSCA high priority testing list. The ITC is also removing 14 High Production Volume Challenge Program orphan chemicals from the list. More

New EPA air emission program would pose challenges for storage terminals
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A new regulatory program from the US Environmental Protection Agency will have a widespread — and potentially very costly — impact on the companies that operate liquid bulk storage terminals, loading racks, and bulk plants. A final rule on the new program is expected by the end of 2012. Specifically, the agency is developing new air emission source rules that will require compliance with the new Uniform Standards initiative. More

Democrats push for chemical law overhaul opposed by industry
Bloomberg Businessweek    Share    Share on FacebookTwitterShare on LinkedinE-mail article
Three Democratic U.S. senators said they are seeking support from Republicans in a push for to overhaul regulations of toxic chemicals amid complaints from industry about the legislative proposals. The Democrats' measure would require safety testing of all industrial chemicals and force chemical makers to show that new compounds are safe. More

PHMSA responds on HM-215K appeals
Hazardous Cargo Bulletin    Share    Share on FacebookTwitterShare on LinkedinE-mail article
PHMSA has published its responses to administrative appeals to its HM-215K rulemaking, which aligned HMR with the 2011 international regulations. PHMSA received a number of appeals, mainly dealing with the phase-out of the ORM-D consumer commodity classification and other limited quantity issues. While being keen to simplify procedures and ensure harmonization with international provisions — and noting that the ORM-D issue in particular had been flagged up more than five years ago — PHMSA has some sympathy with petitioners and is proposing to extend the deadline for the continued use of the ORM-D classification until the end of 2015. More

PHMSA proposes amendments to Hazardous Materials Regulations
Federal Register    Share    Share on FacebookTwitterShare on LinkedinE-mail article
In response to petitions for rulemaking submitted by the regulated community, PHMSA proposes to amend the Hazardous Materials Regulations to update, clarify or provide relief from miscellaneous regulatory requirements. The changes cover such issues as the traceability of packaging; specifications for resins used in the manufacture of plastics drums and IBCs; removal of the entry for NA1203 gasohol; limited quantity exemptions for Division 4.1 substances; relaxation of the requirements for smokeless powder; and the location of the dangerous goods manifest on vessels in U.S. ports. More

ATA asks Congress to mandate CSA changes
The Journal of Commerce    Share    Share on FacebookTwitterShare on LinkedinE-mail article
The American Trucking Associations is stepping up its campaign to force changes in the Compliance, Safety, Accountability or CSA program, asking Congress to require the Department of Transportation to make key changes to its safety initiative. The ATA wants Congress to direct the DOT to ensure carrier CSA scores reflect actual crash risk and prohibit the Federal Motor Carrier Safety Administration from creating a new carrier safety rating system until they do. More

NACD NewsBrief
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Caitlin O'Donnell, NACD Assistant Manager, Communications & Meetings, 703.527.6223  
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