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Regulatory Deadline: TRI reports due to EPA next week
NACD
The Environmental Protection Agency Toxic Release Inventory reporting deadline — Monday, 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 Monday, 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 Update: EPA proposes to add nonylphenol to TRI list
On June 20, the U.S. Environmental Protection Agency published a proposed rule in the Federal Register to add a nonylphenol category to the Toxic Release Inventory list of reportable chemicals. The proposed addition is part of EPA's ongoing efforts to examine the scope of TRI chemical coverage and provide more complete information on toxic chemical releases to the public. EPA states that nonylphenol is highly toxic to aquatic organisms and has been found in natural waters and that because of nonylphenol's toxicity, chemical properties and widespread use in making other chemicals, concerns have been raised over the potential risks to aquatic organisms from exposure to the substances.
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Legislative Update: House Transportation subcommittee holds HOS hearing
Last week, the House Transportation Highways and Transit Subcommittee held a hearing on the Federal Motor Carrier Safety Administration's revised Hours of Service regulations that will take effect next Monday, July 1. The revised rules require truck drivers to take a 30-minute break every 8 hours and allow drivers to restart their clock with a 34-hour rest period only once a week. FMCSA Administrator Anne Ferro testified that the regulations are reasonable and will prevent highway accidents and deaths. She also defended the decision to move forward with the regulations despite a pending lawsuit, saying it was likely the government would win the case, although lawmakers in attendance took a more measured approach.
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Regulatory Update: Supreme Court to hear recess appointment case
The Supreme Court yesterday granted certiorari in Noel Canning, the case in which the District of Columbia Circuit Court of Appeals ruled that President Barack Obama's 2012 recess appointments to the National Labor Relations Board were unconstitutional. In announcing their decision, the court specifically asked the attorneys preparing briefs in the case to address not only the issue of recess appointments being made in "intrasession" vs. "intersession" recesses of the Senate, but also the issue of whether the president can make recess appointments when the Senate is meeting every three days in pro forma sessions. The court will likely hear arguments in this case during their fall term that begins in October, so the decision will most likely not be released until sometime next spring. Click here to read a news story on the case.
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Regulatory Update: Circuit court strikes down NLRB poster rule
As previously reported, the District of Columbia Circuit Court of Appeals last month struck down the National Labor Relations Board's proposed rule that would have required about 6 million employers to post a controversial and one-sided "Notice of Employee Rights Under the National Labor Relations Act" advising employees of their rights to organize and bargain collectively. In a second, related, case earlier this month, the 4th Circuit Court of Appeals upheld a district court decision that also struck down the notice posting rule. The court decision is a significant rebuke of this NLRB's aggressive pro-active agenda. As of now, it is not clear how or whether the Board will respond.
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Regulatory Update: Committee questions OSHA policy allowing third parties to join safety inspections
NACD recently signed 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 company. The Chairmen of the House Education and the Workforce Committee and the Subcommittee on Workforce Protections have also sent a letter to Administrator Michaels calling the interpretation a “dramatic change in OSHA practice” and raising numerous concerns and questions about the interpretation. The Committee Chairman have also requested extensive information from OSHA including communications and documentation on how the interpretation was reached and what kind of legal agreements third-parties will be required to sign related to acting as an employee representative. Click here to read the complete letter.
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Regulatory Update: Chemical Safety Board releases new 3-disc video DVD set
The U.S. Chemical Safety and Hazard Investigation Board has announced the release of a new three-disc, single-box set containing all safety videos produced to date for completed CSB accident investigations. The DVD set is available free of charge and may be ordered by filling out the DVD request form at www.CSB.gov. Among the more recent videos in the set is "Inherently Safer: The Future of Risk Reduction," examining the concept of inherent safety and its application across industry. CSB Safety Videos typically feature detailed animation sequences to depict the chemical processes and sequence of events that led to explosions, fires and releases causing injuries, deaths, damage and destruction of production facilities. They have received accolades from safety professionals around the world, telling the CSB they use the videos in training, seminars, board presentations and other venues as object lessons in the consequences of inadequate process safety management. CSB videos may be streamed and downloaded at www.CSB.gov from the CSB media room. They are also available on www.YouTube.com/uscsb.
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  General Business Interest


Appeals court using '11th hour' before rendering opinion on HOS
The Trucker
The United States Court of Appeals for the District of Columbia is — in trucking terms — using the 11th hour of allowable opinion time to tell the commercial vehicle industry whether or not it will be able to operate under the Hours of Service rules that the Federal Motor Carrier Safety Administration will begin enforcing July 1.
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HOS log: How a 2-day trip turns into a 3-day trip
Truckinginfo
A few of the HOS rules can make the timing of a driver's on-duty hours critical to a successful trip. For example, the lane from Chicago to Houston, typically a two-day trip, could be tricky under the new HOS rules.
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EOBR proposal sent to DOT; rule could be issued in November
Transport Topics
A proposed supplemental rule for electronic logging devices has been sent to Transportation Secretary Ray LaHood's office and is expected to be published as soon as November. The Federal Motor Carrier Safety Administration's proposal, rewritten to address a federal appeals court's concerns about potential driver harassment, is expected to be sent to the White House Office of Management and Budget for further review in August, according to a Department of Transportation regulatory report.
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Looking for similar articles? Search here, keyword "EOBR."




After West explosion, Texas plans public database of hazardous chemical sites
The Dallas Morning News
The state of Texas plans to compile a registry of businesses with dangerous chemicals so citizens can learn about hazards like the fertilizer plant in West, where a fire triggered a massive blast of ammonium nitrate. The online database is among a handful of proposals, aired at a recent hearing, that legislators said would not involve new laws or regulations, or increases in state spending.
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OECD publishes guidance for leaders in high-hazard industries
Chemical Watch
The OECD has published "Corporate Governance for Process Safety," a guide for senior leaders in the chemical, petrochemical and oil industry, containing measures to ensure process safety corporate governance.
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Formal debut of 'e-inspection' technology
Fleet Owner
A long-awaited demonstration of what's being dubbed "e-inspection" technology took place recently at the West Friendship Weigh Station and Inspection Site outside Baltimore — technology that will allow trucks to transmit driver information, electronic logbook data vehicle weight, and other details electronically in real-time while the vehicle remains in motion.
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Report: Delicate balance between supply and demand in trucking
Today's Trucking
A new report from the Council of Supply Chain Management Professionals reveals that transportation costs were only up 3 percent in 2012 and suggests that the United States is no longer in recovery mode, saying it has reached a "new normal."
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Shale revolution in doubt — so what?
Stefanie Heerwig
No single day seems to go by without praises of the shale revolution. And no assessment of the oil market seems to work anymore without including the U.S. as a global supplier. If it continues like that, the International Energy Agency forecasts the U.S. will be a net exporter by 2030 and overtake Saudi Arabia by 2020. Unusual, then, to hear a bashing critique by one of the leading experts in the field, Andy Hall.
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NACD NewsBrief
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