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Regulatory Resources — NACD Environmental Regulatory Partner Bergeson & Campbell to Offer TSCA Audit Services
NACD recently asked distributor members to complete a survey to indicate interest in receiving a mock Toxic Substances Control Act (TSCA) audit from NACD Environmental Regulatory Partner Bergeson & Campbell, P.C. (B&C). There is enough interest among the membership to proceed with this initiative.
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Regulatory Deadline — TRI Reports for 2013 Due on July 1
The Environmental Protection Agency (EPA) Toxic Release Inventory reporting deadline of July 1 is just one week from today. 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 (including import), 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.
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Regulatory Update — NACD Issues Regulatory Alert on DEA and State Rules for Precursor Chemicals
Last week, NACD sent out a Regulatory Alert reminding members of their obligations under the U.S. Drug Enforcement Administration's Controlled Substances Act regulation. These rules establish requirements for distributing, importing, and exporting controlled substances and List I and II chemicals. The Federal DEA List I and List II are available here. Also, please be sure that you have the most recent version of the DEA Chemical Handlers Manual available here.
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Regulatory Resources — DHS Releases Information to Help Facilities Prepare for CFATS Inspections
Last week, the U.S. Department of Homeland Security (DHS) released a slide deck and fact sheet for public use by Chemical Facility Anti-Terrorism Standards (CFATS) stakeholders, "What to Expect from a CFATS Authorization Inspection." DHS developed this information package based on questions received from CFATS-regulated facilities and industry associations such as NACD.
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Regulatory Update — Coalition Files Petition to Supreme Court on NLRB Case on Employer E-Mail Systems
Last week, the Coalition for a Democratic Workplace (CDW), of which NACD is a member, filed an amicus brief in a case in which the National Labor Relations Board (NLRB) is proposing to overrule its 2007 holding in a case, Register Guard, in which the Board acknowledged the right of employers to control employee use of the company email system. The Register Guard decision was consistent with previous NLRB holdings that employees do not have the right to use employer-owed equipment for union organizing activities, and that employers have the right to restrict employee use of that equipment as long as the employer's policy is not discriminatory.
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INDUSTRY TOPICS


Kevin McCarthy, Steve Scalise Vault into GOP Leadership
Politico
House Republicans elevated California Rep. Kevin McCarthy to majority leader and elected Louisiana Rep. Steve Scalise whip Thursday in a rare mid-session leadership shakeup. Their election, held by secret ballot, doesn't represent seismic change atop the House Republican majority, but it does give the Deep South a spot at the leadership table after a two-year absence.
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Lawmakers Call for Chemical Board Chairman to Resign
The Hill
House Oversight Committee Chairman Darrell Issa (R-Calif.) called June 19 for the chairman of the Chemical Safety Board (CSB) to resign, an opinion shared by a bipartisan group of members on the oversight panel. The call came during a hearing on allegations of dysfunctional management by Chairman Rafael Moure-Eraso and accusations that he and his staff sought to silence whistleblowers and others who disagreed with him.

Related: Leadership at Chemical Safety Board Questioned Amid Investigation Backlog (Yahoo News)

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Chemical Safety Board in Disarray — U.S. House Report
Reuters via Yahoo
The U.S. Chemical Safety Board is in disarray and has struggled to finish investigations into serious accidents at chemical plants and refineries that in one case killed seven people, according to a draft report by two Congressional committees.
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Partial Exemption of Certain Chemical Substances From Reporting Additional Chemical Data
Federal Register
EPA is amending the list of chemical substances that are partially exempt from reporting additional information under the Chemical Data Reporting (CDR) rule. EPA has determined that, based on the totality of information on the chemical substances listed in this document, the Agency has low current interest in their CDR processing and use information.
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Modification of Significant New Use Rules on Certain Chemical Substances
Federal Register
EPA is updating the chemical identities of significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 36 chemical substances which were the subject of premanufacture notices (PMNs). This action updates SNURs that were issued using generic chemical names but will now identify the specific chemical name and chemical abstract number.
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EPA Identifies Safer Substitutes for Toxic Flame Retardants
EPA via ThomasNet News
U.S. EPA announced safer alternatives, as identified through Design for the Environment (DfE) Alternatives Assessment Program, to flame retardants hexabromocyclododecane (HBCD) and pentabromodiphenyl ether (pentaBDE) used in such products as building insulation and products with flexible polyurethane foam. Respectively, report on alternatives to HBCD and updated draft report on alternatives to pentaBDE name butadiene styrene brominated copolymer and oligomeric phosphonate polyol.
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Bill to Suspend Some Hours-of-Service Rules Pulled from Senate Floor
Commercial Carrier Journal
The Senate bill that would have suspended two of the 34-hour restart provisions included in the 2013-implemented federal hours-of-service rule was pulled from the Senate floor June 19 after disagreements over procedural rules prevented the bill from moving forward for debate.
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NTSB Report: Wal-Mart Driver Was Within HOS Limits
Transport Topics
The Wal-Mart Stores Inc. driver whose truck crashed into a limousine carrying actor Tracy Morgan was in the 14th hour of a work shift that began the day before, which is within allowable limits, according to a preliminary report from the National Transportation Safety Board. The report also said the driver, 35-year-old Kevin Roper of Jonesboro, Georgia, may have been speeding.
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Appeals Court Rejects Broker Suit Against CSA
Truckinginfo
A group of small carriers and brokers lost their legal challenge of the Federal Motor Carrier Safety Administration's CSA safety enforcement program. In a ruling handed down June 18, the U.S. Court of Appeals for the District of Columbia Circuit dismissed the suit by the Alliance for Safe, Efficient and Competitive Truck Transportation.
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Supreme Court Nibbles at EPA's Greenhouse Gas Powers
Politico
EPA emerged from the Supreme Court's latest greenhouse gas decision Monday with its authority over carbon pollution almost entirely intact, despite a judicial tongue-lashing about overstretching its powers.
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Opinion: TTIP Is a Land of Opportunity for Small Businesses
EurActiv
TTIP represents a land of opportunity for businesses. Opening up markets on both sides of the Atlantic will create a wealth of business opportunities, and EU negotiators should adopt a small business perspective, too, writes David Caro, president of the European Small Business Alliance and EU and International Affairs Policy Chairman for the Federation of Small Businesses.
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Will the Chemical Sector REACH the 2018 Regulatory Deadlines?
Lab Product News
Each year since it was established the European Chemicals Agency (ECHA) has held a Stakeholders' Day. Andrew Cox describes the latest in the series of these one-day events — which bring together representatives of the chemical industry and other interested parties to discuss the milestones and important issues in the implementation of the REACH chemical regulatory system.
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U.S. Intermodal Leads North American Freight Traffic Gains
Railway Age
All three major North American nations saw freight traffic gains during the week ending June 14, measured against the comparable week in 2013, the Association of American Railroads reported June 19. But U.S. intermodal volume, maintaining its longstanding momentum, was a star performer.
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Stable Chemical Industry Outlook
Energy Global
According to Moody's Investors Service, business conditions in North America and EMEA will remain stable through mid-to-late 2015. Companies' earnings before interest, taxes, depreciation and amortization (EBITDA) will rise by approximately 2.5 to 3.5 percent on average. The stable outlook implies that Moody's expects earnings over the next 12 to 18 months will be within plus 10 percent or minus 10 percent of current levels.
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TRENDING ARTICLES
Missed last week's issue? See which articles your colleagues read most.

    Regulatory Resources — TSCA Audit Interest Surveys Due Friday June 6 (NACD)
EPA Moves to Improve Emergency Planning; Inspections Focus on Chemical Hazards During Emergency Responses (U.S. Environmental Protection Agency)
Trucking Groups List Suggestions, Concerns for FMCSA's Clearinghouse Rule (Commercial Carrier Journal)

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

NACD NewsBrief
Colby Horton, Executive Vice President of Publishing, 469.420.2601
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Valerie Hunt, Senior Content Editor, 469.420.2690   
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Caitlin O'Donnell, NACD Manager, Communications, 703.527.6223   

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