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Regulatory Deadline: TRI reports due to EPA by July 1
NACD
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 (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 Compliance Resources: NACD members invited to participate in free June 25 webinar to prepare for enforcement of importer security rules
Are you prepared for mandatory ISF compliance? On July 9, U.S. Customs and Border Protection will require all importers of record to submit accurate and complete "Importer Security Filings" or face serious consequences including liquidated damages and other sanctions that will delay inbound ocean borne freight. Since the 2009 rollout of this program, also known as "10+2", ocean shippers importing freight into the United States have been responsible for filing an ISF with the agency. CBP has so far taken a phased-in approach in enforcing the program, but the agency is now set to fully enforce it.

To ensure that affected parties are prepared to meet the requirements of this national security program, the National Industrial Transportation League is hosting a free webinar on Tuesday, June 25, from 2 to 3 p.m. Eastern time. NACD members are invited to participate in the webinar, which will feature Craig Clark, CBP's program manager for ISF in the Office of Cargo Conveyance Security. He will review when the ISF needs to be filed; what data elements it must contain; and the consequences importers might face for non-compliance. Attendees must preregister prior to 1 p.m. Eastern time on June 25 at https://www2.gotomeeting.com/register/188989114.

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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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Legislative Update: House subcommittee holds TSCA hearing
Last week, the U.S. House of Representatives Committee on Energy and Commerce, Subcommittee on Environment and the Economy, held a hearing on "Title I of the Toxic Substances Control Act: Understanding its History and Reviewing its Impact." The oversight hearing was intended to improve the Subcommittee's understanding of the Toxic Substances Control Act and its implementation. The background memorandum for the hearing notes that Title I authorizes the U.S. Environmental Protection Agency "to gather information, require the testing of existing and new chemicals, identify potentially dangerous products or uses and regulate the manufacture, processing, distribution in commerce, use and disposal of chemical substance and mixtures. Title I also has sections that address protection of confidential business information and Federal pre-emption of State or local laws." The first witness in the hearing was TSCA expert Kathleen Roberts of NACD Environmental Regulatory Partner Bergeson & Campbell, P.C. Click here for a complete report on the hearing from B&C. More information regarding the hearing, including an archived webcast and the background memorandum, is available on the House Energy and Commerce Committee website.
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Regulatory Update: NACD signs letter raising concerns about union representation on inspections at non-union workplaces
Last week, NACD and other members of the Coalition for Workplace Safety sent a letter to Occupational Safety and Health Administration head David Michaels raising concerns about a recent agency interpretation letter clarifying that union representatives and other third parties such as community organizers are eligible to represent employees during OSHA walk-around inspections at non-union workplaces, even if they are not employees of the employer. This is a significant departure from the previous approach where the regulations said explicitly an employee's representative "shall be" an employee of the employer with some limited exceptions.
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Regulatory Update: EPA finalizes list of 109 chemicals subject to endocrine disruptor screening
On Friday, June 14, the U.S. Environmental Protection Agency initiated a 30-day public review and sent to the Office of Management and Budget an Information Collection Request for collecting data for a second list of chemicals that will be subject to endocrine disruptor screening. EPA also made available the list of chemicals covered by the ICR and related policies and procedures for collecting data. This is the first time that non-pesticide commercial chemicals will be identified for endocrine screening. This second list of chemicals for screening includes 109 chemicals (68 are commercial chemicals and 41 are pesticide active ingredients); 20 of the commercial chemicals found in sources of drinking water are also on the Toxic Substances Control Act Work Plan Chemicals list for further assessment. The submission of the ICR to OMB is a step in a multi-step process that will culminate in the issuance of orders requesting screening data under the Endocrine Disruptor Screening Program as early as this September. NACD members who import any of the 109 chemicals on the list can expect to receive EDSP test orders.
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Regulatory Update: OSHA issues direct final rule and request for comments on signage standards
On June 13, the U.S. Occupational Safety and Health Administration published a direct final rule and request for comments in the Federal Register to update the agency's general industry and construction signage standards. The rule adds references to the latest versions of the American National Standards Institute standards on specifications for accident prevention signs and tags, ANSI Z535.1-2006(R2011), Z535.2-2011 and Z535.5-2011. In the rule, OSHA retains the existing references to the earlier ANSI standards, ANSI Z53.1-1967, Z35.1-1968 and Z35.2-1968, in its signage standards, thereby providing employers an option to comply with the updated or earlier standards. In the rule, OSHA also incorporates by reference Part VI of the Manual of Uniform Traffic Control Devices, 1988 Edition, Revision 3, into the incorporation-by-reference section of the construction standards having inadvertently omitted this edition of the MUTCD from this section during an earlier rulemaking, and amending citations in two provisions of the construction standards to show the correct incorporation-by-reference section. For a copy of the rule, go to www.gpo.gov/fdsys/pkg/FR-2013-06-13/pdf/2013-13909.pdf. OSHA also published a notice of proposed rulemaking in the June 13 Federal Register adding the same references. For a copy of the proposed rule, go to www.gpo.gov/fdsys/pkg/FR-2013-06-13/pdf/2013-13910.pdf.
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  General Business Interest


Congress to hear HOS testimony June 18
Commercial Carrier Journal
Trucking representatives and federal officials will testify Tuesday, June 18, at the House highways and transit subcommittee committee hearing titled "Impacts of DOT's Commercial Driver Hours of Service Regulations."
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ATRI research: Major flaws in 34-hour restart benefit-cost calculations
PR Newswire via The Sacramento Bee
The American Transportation Research Institute on June 17 released the findings of its assessment of the Regulatory Impact Analysis used by the Federal Motor Carrier Safety Administration to justify changes to the 34-hour restart provision, which are scheduled to take effect July 1. ATRI's analysis quantifies a delta between FMCSA's purported industry benefit and actual industry costs resulting from the restart changes of more than $322 million.
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New hours-of-service rules: You've got questions, we've got answers
Truckinginfo
The clock is ticking down toward July 1, when truck drivers and carriers must comply with new hours-of-service rules, but a lot of questions about them remain. Take advantage of this outline of the rules and some frequently asked questions, courtesy of the New Jersey Motor Truck Association.
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Industry, FMCSA at odds over CSA
Commercial Carrier Journal
Working with CCJ and Overdrive publisher Randall-Reilly Business Media's RigDig Business Intelligence unit, CCJ analyzed inspection and scoring data at the end of the Compliance Safety Accountability program's second year since going live in December 2010. Here are the results of that analysis, offering insights into enforcement patterns and what you can do to keep your business in the clear.
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Truckers face big labor shortage
CNNMoney
Trucking companies have already been facing a labor shortage for years. New federal regulations may make it worse. New rules, set to go into effect July 1, will mean truckers cannot drive more than 70 hours in 7 days. Truckers had been allowed to drive 82 hours under the former rules. Trucking companies hired about 40,000 workers over the past 12 months, according to the Bureau of Labor Statistics. But the largest companies are still recruiting aggressively.
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1 dead, many critical after 2nd Louisiana chemical plant incident
NBC News
Three people remained in critical condition late Friday after a container rupture at a Louisiana nitrogen plant killed one person and injured several others, police said. CF Industries, one of the world's largest nitrogen fertilizer suppliers, confirmed the accident occurred in a section of their Donaldsonville, La., plant that had been shut down for maintenance activity. That incident happened just one day after an explosion and fire at Geismar's Williams Olefins Chemical plant, just 30 miles north of Donaldsonville, that killed two people and left more than 70 others injured.
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The 'miraculous' resurgence of US chemical industry
Business News Network
While much has been made about the U.S. energy renaissance due to shale gas, another major beneficiary that is seeing a turnaround is the chemical industry, according to Telly Zacharaides, Partner at Valence Group. Valence Group is a specialty investment bank which offers services to companies and investors in the chemical sector.
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Navistar recalling more than 7,700 trucks
Truckinginfo
Navistar is recalling more than 7,700 2012-2013 International ProStar and TranStar commercial trucks, manufactured from Aug. 1, 2011, through July 10, 2012, that are equipped with front brake linings listed as feature codes 0504501, 0504504, or 04EWM. The brake S-Cam tube bracket assemblies made by Meritor on the steer axles may fracture.
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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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