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  NACD News

Regulatory compliance alert: EPA delays CDR submission deadline until Aug. 13
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Breaking News: On June 11, the U.S. Environmental Protection Agency announced an extension of the deadline to file Chemical Data Reports from June 30 to Aug. 13. This follows requests from NACD, the American Chemistry Council and other organizations to extend the deadline until Sept. 30. More

Regulatory compliance alert II: TRI reports due to EPA July 1
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2011 Toxic Release Inventory Reports are due to the U.S. Environmental Protection Agency on July 1. Emergency Planning and Community Right-to-Know Act Section 313 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 greater than 25,000 lbs. of a TRI-listed chemical or otherwise uses more than 10,000 lbs. of a listed chemical in a given year. More

Regulatory update: FMCSA extends deadline for comments on CSA Safety Measurement System Changes; webinars scheduled
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The U.S. Department of Transportation Federal Motor Carrier Safety Administration continues to seek comment on proposed changes to the Compliance, Safety, Accountability Safety Measurement System. The agency first announced these changes in late March and opened the preview/comment period until June. FMCSA has now extended this to July 30. The agency urges motor carriers to log in and see where they stand based on the refined SMS methodology. More

Regulatory update: DOT publishes guidance on use of electronic on-board recorders
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On May 24, the U.S. Department of Transportation Federal Motor Carrier Safety Administration published regulatory guidance to clarify that a co-driver may make entries to an automatic on-board recording device while a commercial motor vehicle is in motion. The guidance clarifies that the prohibition in 49 CFR 395.15 against making entries to an AOBRD while the vehicle is in motion pertains only to the current driver. More

Regulatory update: DOT issues updated Environmental Justice Order
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In May, the U.S. Department of Transportation issued an update to Departmental Order 5610.2(a), Actions to Address Environmental Justice in Minority Populations and Low-Income Populations. This updates the department's original Environmental Justice Order, published in 1997. DOT Order 5610.2(a) sets forth the department's policy to consider environmental justice principles in all DOT programs, policies and activities. It describes how the objectives of environmental justice will be integrated into planning and programming, rulemaking and policy formulation. More

Regulatory update: National Research Council calls for increased use of inherently safer processes
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In May, the National Research Council issued its Congressionally mandated report on a 2008 explosion at the Bayer CropScience Institute's West Virginia facility that killed two people and also resulted in debris hitting the shield surrounding a storage tank for methyl isocyanate. MIC gas was the substance released in the 1984 Bhopal, India, explosion that killed almost 3,800 people. The National Research Council report concluded that while Bayer CropScience sought to reduce risks associated with the manufacturing and storage of MIC, it did not make an effort to incorporate all possible hazard control methods. The report further found that not all chemical plants have adopted safer processes that aim to minimize or eliminate hazards. More

Regulatory compliance resources: Last call to register for Massachusetts Process Safety Management workshops
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If your company has any blending operations in Massachusetts, you are subject to the new Massachusetts Process Safety Management regulations, which were finalized in February and are being phased in over the next two years. The Massachusetts Chemistry and Technology Alliance is holding a series of workshops on the new requirements. The final workshops are scheduled for June 13 in New Bedford; June 15 in Bedford; June 26 in Norwood; and June 28 in Norwood. More

  General Business Interest

EPA publishes list of chemicals subject to final TSCA Section 4 provisions
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The EPA has published a table of all the chemical substances and mixtures that are subject to final Section 4 test rules under TSCA. The list details status information for each substance, including termination date, testing and other requirements. More

Official says EPA prepared to use TSCA authority to restrict chemicals
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The Environmental Protection Agency is prepared to see "in the near future" whether it can use authority the Toxic Substances Control Act provides to ban or restrict chemicals, the agency's senior chemicals and pesticide official said. "We will try and exercise some muscle we have not exercised for decades," Jim Jones, EPA's acting assistant administrator for chemical safety and pollution prevention, told state officials attending the Environmental Council of the States' forum, State Environmental Protection in 2012. More

CSA enforcement links tank fleets, wash racks
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One of the unintended consequences of the Federal Motor Carrier Safety Administration's Compliance, Safety, Accountability program is that it seems to have linked tank truck carriers and wash racks more closely than ever before. Actions (or inactions) by wash workers definitely impact equipment inspections by enforcement officials. More

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