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Regulatory Update: NACD comments on CFATS Personnel Surety Program
NACD
NACD has filed comments in response to the Department of Homeland Security Information Collection Request regarding the Chemical Facility Anti-Terrorism Standards Personnel Surety Program. In the comments, NACD expressed appreciation that DHS withdrew its previous PSP proposal from the Office of Management and Budget last year, sought feedback from and considered the views of the CFATS-regulated community, and reissued a new proposal in March that incorporated some of that feedback. However, NACD is concerned that DHS chose not to include additional suggestions from industry into the new proposal.
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Regulatory Resources: NACD TSCA webinar and slides available
NACD
Last week, NACD hosted an informative webinar on how the Toxic Substances Control Act applies to chemical distributors and how to prepare for an Environmental Protection Agency TSCA audit. During the webinar, Lynn Bergeson and Kathleen Roberts of NACD Environmental Regulatory Partner Bergeson & Campbell, P.C. provided an excellent overview of how TSCA applies to every type of chemical distributor and what companies need to do to comply with the TSCA regulations. In addition, Marc Maseman, President & CEO of NACD member Florida Chemical Supply, Inc., shared his experience with a recent TSCA audit from the EPA. The full webinar recording, slides and supplemental materials are now available on the NACD members' only advocacy resources Web page here. Please visit this page if you missed this valuable webinar or would like to review the material. Please note that you will need your NACD username and password to access the site.
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Regulatory Compliance Resources: NACD to host webinar on Process Safety Management
NACD
Join NACD 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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SPONSORED CONTENT


Regulatory Deadline: TRI reports due to EPA by July 1
The Environmental Protection Agency Toxic Release Inventory reporting deadline of July 1 is fast approaching. The Emergency Planning and Community Right to Know Act, Section 313: Toxic Release Inventory Reports (TRI) (40 CFR Part 372), requires facilities, including chemical distributors, to report the manufacture, use, processing (including blending or repackaging) and releases of certain chemicals, if the facility employs 10 or more full-time employees and manufactures or processes more than 25,000 pounds of a TRI-listed chemical or otherwise uses more than 10,000 pounds of a listed chemical in a given year. There are more stringent thresholds for chemicals of special concern. TRI forms with the 2012 information must be submitted to EPA by July 1, 2013.

For guidance on TRI reporting, go to www.epa.gov/tri/reporting_materials/forms/index.html.
For information about chemicals on the TRI list, go to www.epa.gov/tri/trichemicals/index.htm.

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Regulatory Information Needed: Group seeks examples of excessive DOT fines
NACD is a member of the Interested Parties for Hazardous Materials Transportation, a diverse group of organizations whose mission is to advocate on behalf of sensible hazardous materials transportation laws and regulations. An IP working group, including one of its key members from the enforcement community, the Commercial Vehicle Safety Alliance, has recently been working on a compromise to change the violation citation standards in the Hazardous Materials Transportation Act. Today, officers may cite shippers or carriers for any amount without any requirement to show a violation was knowing, willful or reckless. Under the compromise, officers could still cite violations of $1,000 or less without demonstrating a knowing, willing or reckless violation. But, violations of $1,000 or more would require the officer to demonstrate the shipper or carrier acted knowingly, willfully or recklessly. CVSA has indicated an interest in agreeing to this compromise, but has asked for information to demonstrate the case; therefore, the IP group is seeking examples of cases where operators were fined for $1,000 or more for a hazmat violation that was not knowing, willful or reckless. If your company has citations that meet this standard — $1,000 or more, violation issued when driver did not know/could not know about it — please provide this information to NACD Vice President of Regulatory Affairs Jennifer Gibson at jgibson@nacd.com. The more specific (date, time, location, violation's CFR number, etc.) information you can provide, the better. All identifying information will be removed before these examples are shared in advocacy efforts.
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Regulatory Update: PHMSA emails notices on hazmat registration fee refund
The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration is sending email notifications regarding Hazardous Materials Registration Fee refunds to affected parties. These email notifications are legitimate. PHMSA recently announced a temporary reduction in the Hazardous Materials Registration fee for the 2013-2014 year, so the agency is obligated to issue refunds to those who paid for multiple years at the higher rate. PHMSA says that approximately 14,000 companies paid for the 2013-2014 registration year in advance at the higher rate and that as a result of the lowered fees for this year are eligible to receive a refund of the difference ($125 for a small business or not-for-profit organization and $1,275 for an other-than-small business.) PHMSA further states that the agency's IT staff has made the online refund request website as secure as possible.
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Regulatory Update: PHMSA issues safety advisory on inadequately tested cylinders
The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration has issued a safety advisory notice regarding inadequately tested compressed gas cylinders. Specifically, PHMSA has concluded that Shasta Fire Equipment, Inc. of Redding, Calif., certified DOT-specification, exemption and special permit cylinders with Requalification Identification Number D183, between March 6, 2013, and May 6, 2013, without performing proper requalification testing to verify the suitability of the cylinders for continued service, as required by the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). PHMSA advises anyone identifying a cylinder that is subject to this notice to remove it from service and submit it to an authorized re-tester for proper testing. For a copy of the notice with additional information, click here.
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Regulatory Update: PHMSA issues final papers on HM-ACCESS
The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration has issued two final information papers on the HM-ACCESS program. HM-ACCESS is a pilot project mandated by Congress under which PHMSA is collaborating with modal administrations, law enforcement, emergency response organizations and industry representatives to evaluate the feasibility of allowing the use of electronic shipping papers for hazardous materials shipments. The two HM-ACCESS information papers are a collection of the feedback provided by HM stakeholders during interactive dialogues, the Sept. 27-28, 2012, HM-ACCESS workshops, and prior draft versions of the papers. These papers summarize the priorities, gaps and concerns of emergency response providers and law enforcement personnel, as well as shippers and carriers, regarding the use of paperless HM communication systems (e-systems) for HM shipments. HM-ACCESS pilot tests are scheduled to be conducted during the second half of 2013. Click here for more information and to read the papers. Additional questions regarding HM-ACCESS should be emailed to PHMSA at HMAccess@dot.gov.
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State Regulatory Update: NACD and others comments on costs of safer consumer products regulations
Last week, the California Green Chemistry Alliance of which NACD is a member, filed comments in response to the Department of Toxic Substance Control's 15-day Notice of Public Comment regarding their revised Economic and Fiscal Analysis of the Proposed Safer Consumer Products Regulation (Std. Form 399 plus Attachments 1 & 2). Form 399 is required for proposed rules before review and approval by the California Office of Administrative Law can take place. GCA's 13-page comments were highly critical of DTSC's contention that the economic impacts of the regulation are "unknowable" unless and until they are adopted and priority products containing chemicals of concern are subsequently identified.
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  General Business Interest


Industry reaches registration deadline
Chemistry World
The second deadline for European companies to submit manufacturing, import and safety data to authorities passed in May. The European Chemicals Agency received information on nearly 3,000 chemicals that are produced or imported into the EU on scales between 100 and 1,000 tons per year, as part of the REACH — Registration, Evaluation and Authorization of Chemicals — program.
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Looking for similar articles? Search here, keyword "REACH."


New study spotlights FMCSA insurance requirement
Truckinginfo
A group of trucking companies released research indicating that the federal insurance requirement for the industry is too low. The Trucking Alliance, a group of seven carriers that lobby for safety legislation on Capitol Hill, found the dollar settlements in some cases were far above the $750,000 minimum federal insurance requirement. While these high settlements occurred only about 1 percent of the time, the amounts were enough to create an uninsured liability of 42 percent for the companies, according to an analysis of the data by the actuarial firm of Bickerstaff, Whatley, Ryan & Burkhalter.
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Chemical companies seek to limit federal green building
Bloomberg
Chemical companies are lobbying the U.S. Congress to limit government use of proposed, tougher green building codes in the hope that alternative standards may be adopted. Generally supportive of efficiency programs because they promote the use of insulation and other chemical products, the American Chemistry Council in Washington and other groups say the green building standards are veering into the trickier area of health policy. They say the new rules will stigmatize chemicals without providing much benefit.
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Facility manager issue: Chemical safety changes
Today's Facility Manager
The clock is ticking on the time facility managers have to comply with the first deadline of the Occupational Health & Safety Administration revised Hazard Communication Standard (often referred to as HazCom 2012). Restructuring the standard brings it into alignment with the Globally Harmonized System of Classification and Labeling of Chemicals, the hazard communication system developed by the United Nations. Any country or agency that adopts the GHS can adapt it to its needs and is entirely responsible for its enforcement.
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Gulf Coast chemicals boom fuels hiring war
Fuel Fix
The petrochemical business long operated below the radar, trying not to draw attention as it rode the boom and bust cycles of the industry. But that's changing as shale gas has promised a steady supply of low-cost natural gas, which provides both fuel and feedstock for the chemical industry. Chemical companies have become both economic players — an expansion estimated at more than $15 billion is under way at chemical plants along the Texas Gulf coast — and supplicants on the labor market.
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Beware of misclassifying workers as independent contractors
D. Albert Brannen
If your workforce includes contract employees, freelancers, casual workers or independent contractors by any other title, you should seriously analyze whether such workers should be recategorized as employees. The risks of not properly classifying workers can be substantial and include having to ante up back pay, liquidated damages, unpaid taxes, penalties, interest, accounting and attorneys' fees. In addition to these economic risks, other negative consequences can include interference with ongoing operations and harm to an employer's reputation.
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NACD NewsBrief
Colby Horton, Vice President of Publishing, 469.420.2601
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Caitlin O'Donnell, NACD Manager, Communications, 703.527.6223   

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