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Regulatory Compliance Resources: It's not too late to register for Thursday's TSCA webinar
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. In addition, a member of NACD who has recently had a TSCA audit from EPA will share his experience. If you have questions on whether your operations are subject to TSCA regulations, on the specific requirements of the law or what to expect during a TSCA audit, you will not want to miss this timely webinar. To register today, go to
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Regulatory Compliance Resources: Register today for Chemical Security Summit — July 10-11 in Baltimore
Registration is now open for the Chemical Sector Security Summit, which will take place July 10-11 at the Baltimore Convention Center, located at One West Pratt Street. Bonus workshops will be held July 9. To register, please visit the registration website here. Due to time constraints, early registration is encouraged. After completing registration, you will receive a pending confirmation email followed by an email either accepting your registration or an email informing you of your placement on a waiting list. A room block has been set up at the Hyatt Regency Baltimore, 300 Light Street, next to the Convention Center. The group rate for the Summit/Expo is $145 single/double occupancy. Reservations can be made by calling 1-888-421-1442 and referring to the “Chemical Sector Security Summit” or online at: The cutoff date is Monday, June 10. Rooms will be released after this date so you are encouraged to make your hotel reservations as soon as possible.
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Regulatory Compliance Resources: NACD to host webinar on process safety management
Join us on Thursday, June 20, at noon (EDT) for the Responsible Distribution webinar, "Process Safety Management and Chemical Distribution," presented by Jesse Kunes with Kestrel Management Services, LLC. This free webinar will help define process safety management, describe the elements of a PSM program and demonstrate how it applies to chemical distributors.

Upon completion of this webinar, participants will be able to:
  1. Have a basic knowledge of the background and applicable regulations
  2. Understand if PSM applies to their company and processes
  3. Enhance their company's PSM program
Register now!

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Regulatory Volunteers Needed: Input needed on CFATS Alternative Security Plan for Chemical Distribution
NACD staff and a working group of a few NACD members have been in discussions with the U.S. Department of Homeland Security regarding the development of a Chemical Facility Anti-Terrorism Standards Alternative Security Plan for chemical distributors. The goals of this effort are to create an ASP that is easier to write, implement and follow than the CFATS Site Security Plan; allow NACD members to take credit for all of the security measures already in place through Responsible Distribution and other efforts; and expedite the plan review, inspection and approval process for regulated facilities and DHS. We are preparing to begin writing a plan and need input from more NACD members on security measures and best practices that could be part of the ASP. The working group will have a face-to-face meeting at the NACD office on June 26. DHS will join us for this meeting and help guide us through the process. If you are willing to participate in this important effort, please contact NACD Vice President of Regulatory Affairs Jennifer Gibson at or (571) 482-3047.
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Legislative Update: Pompeo asks EPA to clarify its authority
Congressman Mike Pompeo, R-Kan., recently sent a letter to EPA Acting Administrator Bob Perciasepe, asking him to delineate EPA's understanding of its authority under the General Duty Clause of the Clean Air Act (Sec. 112(r)(1)). Addressing the tragedy of the West, Texas, fertilizer explosion, Pompeo noted that some called for EPA enhancing enforcement of the clause, despite EPA not having issued regulations under the provision; in the letter, Pompeo noted that the cause of the accident involved a chemical regulated under the Department of Homeland Security. In the letter, Pompeo described his bill, the General Duty Clarification Act (H.R.888) and noted that it would bring clarity to the General Duty clause as well as the jurisdiction of the two federal agencies. He asked seven questions that focused on EPA providing information as the authority it believes it possesses to regulate chemical plant security.
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Regulatory Update: PHMSA issues emergency recall order on cylinders
On May 24, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration issued Emergency Order Number 2013-002 mandating a recall of all cylinders manufactured by The Lite Cylinder Company, Inc. (Lite Cylinder), Franklin, Tenn., and marked as authorized under DOT-SP 14562 (and DOT-SP-13957 as authorized therein), DOT-SP 13105; any cylinder requalified under H706, and any cylinders manufactured under M5729. This recall order also applies to any person who is in possession of an affected packaging that is subject to this order. The emergency order is based on an investigation of Lite Cylinder's operations and production history that revealed probable violations and unsafe conditions and practices that PHMSA determined present an imminent hazard to the public safety. In effect, this action immediately orders the removal from service of more than 55,000 two-piece fully wrapped fiber composite cylinders. These cylinders are largely in liquefied petroleum gas service. PHMSA also terminated the above special permits and approvals for cylinder requalification, and manufacturer's Registration Numbers.
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State Regulatory Update: California reports on fiscal impact of Safer Consumer Products regulations
The California Department of Toxic Substances Control has released its Economic and Fiscal Impact Statement for the Safer Consumer Products Regulations. The analysis does not include an estimate of the number of businesses impacted by the Safer Consumer Products program or the total costs to the private sector. DTSC says that information is not included because there are too many unknowable factors to be able to make those estimates until implementation is underway. The agency says that as it goes through the rulemaking process to list Priority Products, more of the factors will be known and DTSC will be able to develop a more detailed Economic and Fiscal Impact Statement. In the document, the DTSC did address potential costs for "alternatives analyses" that will be required under the regulation. The agency says the cost of these analyses can range from $2,000 to $3,000 for a simple, single-substance analysis to tens of thousands of dollars for a more complex analysis. Comments on the economic and fiscal statement are due to DTSC by Thursday, June 6. Click here for the announcement and a link to the statement.
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  General Business Interest

Lautenberg's legacy may be modernized TSCA
Environmental Protection
The late senator from New Jersey worked with another member of the U.S. Senate Environment and Public Works Committee, conservative Republican David Vitter, on the Chemical Safety Improvement Act, introduced just two weeks ago.
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TSCA reform bill seen as promising, but road to enactment uncertain
Bloomberg BNA
Industry lawyers and lobbyists are viewing the Chemical Safety Improvement Act (S. 1009) as a promising vehicle for updating the Toxic Substances Control Act, but they say it still faces an uncertain reception in the House and potential objections over state preemption, its impact on tort litigation and other issues.
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Chemical Safety Board: 'We are not backing away' from West
The Dallas Morning News
A federal safety agency will access the West Fertilizer Co. plant property soon, as it continues investigating what breakdowns may have contributed to the explosion that killed 15 people and flattened hundreds of structures in the Texas farm town. The U.S. Chemical Safety Board's managing director, Daniel Horowitz, said it is pulling away some staff from the blast scene, because that's typical at this stage of any investigation and the remains have "limited or no evidentiary value" after four weeks of excavation by other agencies. "But we are not backing away from the case as a whole," Horowitz said.
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72-hour Roadcheck inspection blitz starts today
Starting Tuesday, June 4, and running 72 hours straight, the Commercial Vehicle Safety Alliance and its members across the United States, Canada and Mexico will be participating in Roadcheck 2013, the 26th annual enforcement and outreach campaign promoting commercial vehicle safety.
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ATRI research clarifies large truck safety
Bulk Transporter
The American Transportation Research Institute has released research findings that investigated variations in safety trends across different classes of large trucks. The study separated and evaluated a decade of medium- and heavy-duty truck crash records and identified notable crash trends specific to each population. Using an ATRI-designed "crash rate index," ATRI isolated specific variables such as vehicle type, crash location and weather to determine the degree to which certain factors influenced crash trends for medium- and heavy-duty trucks. The analysis revealed noticeable differences in safety trends between different truck sizes, with medium-duty generally performing worse than heavy-duty trucks.
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GHS training: A few words speak volumes
EHS Today
Fewer than 20 words: In the 320-plus-page rulemaking on Globally Harmonized System of Classification and Labeling of Chemicals, that is how many words OSHA devoted to the most extensive new training requirement companies face in 2013. That change requires every affected U.S. company to train its workers on the new update to the Hazard Communication Standard. OSHA estimates the GHS training will cost American industry more than $95 million dollars.
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Hazmat, Van & Bulk

DSN Chemical Transportation invites our fellow NACD members to call and experience our superior Safety, Service and Spend transportation solutions. Read More...
Chemistry for sustainable performance
Whatever your goal - low or zero-VOC products, APEO-free or formaldehyde-free materials, low energy curing, replacement of heavy metal pigments, latex with minimal environmental impact - BASF wants to put you in the driver's seat. MORE

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

    Roadside inspection blitz to take place June 4-6 (NACD)
Dow Chemical's distribution and transportation risk management (Logistics Viewpoints)
How Vitter and Lautenberg struck a deal on chemical safety legislation (The Times-Picayune)

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

US, Canada pursuing joint border infrastructure plan
United Press International
The United States and Canada have announced for the first time they are working together on a border infrastructure investment plan that U.S. Transportation Secretary Ray LaHood said "will serve both of our countries well and ensures that we are working together on our common interests."
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Is EPA setting its sights on hydraulic fracking compounds?
Morgan Lewis via Mondaq
On May 9, the U.S. Environmental Protection Agency issued a Direct Final Rule identifying 15 chemical substances that will require notice prior to manufacturing, importing or processing for an activity designated as a significant new use. While chemicals in the rule include those that can be employed in a broad range of uses, of particular interest is the listing of one compound used in natural gas and oil well drilling and hydraulic fracturing to eliminate bacteria in the water that produce corrosive by-products.
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The battle over who gets US natural gas
Bloomberg Businessweek
In the summer of 2008, two natural gas import terminals opened along the U.S. Gulf Coast: one in Freeport, Texas, and the other about 140 miles northeast near the mouth of the Sabine River in Louisiana. Within a year, the U.S. was swimming in abundant, cheap natural gas as horizontal drilling techniques and hydraulic fracturing unlocked a century's worth of supply from shale formations in Texas, Pennsylvania and North Dakota. Today, both terminals are being turned into export facilities.
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Market outlook: Food value chain spurs interest
High food consumption growth coupled with limited arable land and fresh water supplies means we will need 1.7 Earths to feed the planet by 2030. However, 75 percent of chemical industry professionals surveyed are confident we can solve this problem through technology. Among those chemical companies already active in the traditional food industry value chain, 57 percent of companies are definitely or considering buying or building facilities to expand their presence in the food sector. Prime areas of attraction are distribution or wholesaling of food chemicals and polymers, innovative packaging and food processing.
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Global chemicals industry retains strong growth despite economic slowdown
Thomasnet News
While the global economy continues to lag, Wall Street pundits have expended a lot of energy adoring the economy's bright spots: Web services, wireless and petrochemicals, for starters. According to a new report from Boston Consulting Group, however, the chemicals industry has held up surprisingly well through the economic slowdown.
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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.
Tote, ISO, Offshore Tank Container Sales & Rental

Hoover rents, sells and tote containers, transport frames, offshore containers, intermodal (ISO) tank containers and related equipment for the storage and transportation of chemicals, liquids and fluids. Hoover provides a full range of services including equipment rental, sales, reconditioning, tank cleaning, recertification and GPS asset tracking and level monitoring services.
Contract Transportation
Amware Logistics provides a variety of transportation management services to keep up with our customers' ever changing needs. For many of our customers, we are involved in local drayage and delivery, management of LTL and TL freight, parcel management, freight brokerage, and contract dedicated fleet management operations.

NACD NewsBrief
Colby Horton, Vice President of Publishing, 469.420.2601
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