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  NACD News

Regulatory Compliance Resources: DEA releases revised Chemical Handler's Manual
The U.S. Drug Enforcement Agency Office of Diversion Control has released the long-awaited updated version of the Chemical Handler's Manual. The manual is intended to summarize and explain the basic requirements for the handling of List I and List II chemicals under the Controlled Substances Act, Title 21 United States Code §§ 801-904; the Controlled Substances Import and Export Act, 21 U.S.C. §§ 951-971; and the DEA regulations, Title 21 Code of Federal Regulations. The Chemical Handler's Manual has proven to be a useful guide for chemical distributors who handle List I and II Chemicals. DEA removed an earlier version of the publication from its website several years ago while updating the document to include changes resulting from legislation to address methamphetamine issues. The 2013 Manual is now available at
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Regulatory Compliance Resources: Registration still available for free OSHA-SCHC July 25 webinar on revised hazard communication standard
Registration is still available for the free U.S. Occupational Safety and Health Administration-Society for Chemical Hazard Communication July 25 webinar, Hazard Communication 2012: One Year of Implementation. The webinar will take place from 1 to 2:30 p.m. Thursday, July 25, and will focus on issues associated with classification, labeling, safety data sheets, training, as well as how manufacturers, importers, distributors and employers can meet compliance requirements during the transition period. This webinar is free, but registration is required. Please click here to register.
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Legislative Update: Boxer calls for additional action after Texas explosion
Last week, Sen. Barbara Boxer, D-Calif., chairman of the Environment and Public Works Committee, held a press conference to call for additional actions to address chemical safety issues in order to prevent future incidents such as the April explosion in West, Texas. During the press conference, Sen. Boxer announced she had sent a letter to the governors of every state, asking them to take action to prevent explosions of ammonium nitrate, the chemical that was responsible for the West explosion. She urged the governors to review their state's applicable requirements for the chemical and adopt policies to prevent the loss of life. She also announced that she would hold a second chemical safety hearing in the fall to follow up on issues raised during a first hearing held June 27. Click here to view Sen. Boxer's press conference.
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Regulatory Update: FMCSA publishes guidance on HOS off-duty time
On Friday, July 12, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration published a regulatory guidance notice in the Federal Register regarding hours of service off-duty time. The new regulatory guidance updates the original 1997 guidance that described the conditions that must be met in order for a commercial motor vehicle driver to record meal and other routine stops made during a work shift as off-duty time. FMCSA states that the original guidance is out-of-date and no longer provides practical assistance to motor carriers attempting to achieve HOS compliance. In the new guidance, FMCSA makes clear that a motor carrier need not provide formal guidance, either verbal or written, to drivers with regard to the specific times and locations where rest breaks may be taken. The revised guidance also emphasizes that periods of time during which the driver is free to stop working, and engage in activities of his/her choosing, may be recorded as off-duty time, irrespective of whether the driver has the means or opportunity to leave a particular facility or location. The new guidance is available online and is effective immediately.
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Regulatory Update: PHMSA's Safety Advisory on unloading heated rail cars
On Friday, July 12, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration published a safety advisory guidance in the Federal Register on heating rail tank cars to prepare hazardous materials for unloading or transloading. Specifically, the guidance provides safety precautions and recommended guidance for persons responsible for unloading or transloading hazardous materials from rail tank cars, primarily those persons heating a rail tank car to prepare its hazardous material contents for unloading or transloading. The guidance also reminds such persons of current regulatory requirements addressing this type of operation. Notably, the guidance re-confirms that unloading of railcars to fixed storage tanks is NOT a transportation function regulated by DOT. PHMSA issued the guidance in coordination with the Occupational Safety and Health Administration and the Environmental Protection Agency and in consultation with the Federal Railroad Administration. The guidance references OSHA's Process Safety Management and EPA's Risk Management Plan regulations. Click here for a copy of the guidance.
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Regulatory Update: CSB to meet on 'Most Wanted Chemical Safety Improvement' issues
The U.S. Chemical Safety and Hazard Investigation Board will hold a July 25 public meeting in Washington, D.C., to consider whether the U.S. Occupational Safety and Health Administration has adequately implemented seven regulatory recommendations issued by the CSB, as well as to consider the selection of the agency's first "Most Wanted Chemical Safety Improvement" issue. This action would mark the first "Most Wanted" issue selected for special advocacy initiatives on behalf of the agency's board members. Among the recommendations are those that call on OSHA to revise its Process Safety Management regulations to address atmospheric storage tanks that could be involved in a potential catastrophic release as a result of being interconnected to a covered process with 10,000 pounds of a flammable substance and updates to PSM's management of change requirements. In addition, CSB is proposing to designate a combustible dust standard as the agency's first "Most Wanted Safety Improvement."
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Continuous GHS Labels On Demand

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  General Business Interest

Presenting the ICIS Top 100 chemical distributors
PR Newswire
ICIS Chemical Business magazine has unveiled its annual ICIS Top 100 Chemical Distributors listing ranked by 2012 sales. Topping the charts once again is Germany-based Brenntag, with $12.8 billion in sales, followed by U.S.-based Univar with $10.3 billion in revenues. Germany-based Helm takes the third spot at around $7 billion in sales, with U.S.-based Nexeo Solutions in fourth with sales of $4.1 billion. The full report can be downloaded here.
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House subcommittee closely scrutinizes law on toxic substances
Hydrocarbon Processing
The U.S. House of Representatives Subcommittee on Environment and the Economy continued its examination of the Toxic Substances Control Act with a hearing July 11 on new chemicals regulation, protecting confidential business information and general innovation. The hearing built on the subcommittee's June 13 hearing on TSCA Title I and focused on two key areas of the law: the regulation of new chemicals and the protection of proprietary business information.
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Looking for similar articles? Search here, keyword "TSCA"

Break requirement tops HOS confusion so far
Commercial Carrier Journal
Trucking sources and state police say it is too soon after the July 1 effective date of hours-of-service regulation changes to know how enforcement is faring. States have 21 days to upload inspection data and compliance reviews to SafetyNet, the computer system used by state law enforcement. But the Commercial Vehicle Safety Alliance anticipates having sufficient data by its annual conference in September to have some idea, said CVSA Executive Director Steve Keppler.
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4 ways to manage risk in the age of CSA
CSA may be an enforcement tool for the FMCA, but you also can use CSA as a catalyst to create transparency and accountability in your organization. John Simms, vice president with HNI, offered the following tips during a session at the June Fleet Safety Conference, presented by Bobit Business Media in Schaumburg, Ill.
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Job hopping: Truck drivers on the move
Fleet Owner
The competition among fleets for drivers seems to be heating up along with the weather across the country, as turnover is on the rise and the new hours-of-service regulations are cutting into productivity. And one of outgrowths of this increased competition might be more inexperienced drivers entering the workforce and a resulting increase in fleets' CSA scores.
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Maine considers study commission on hazardous materials transport
Morning Sentinel
As searchers and investigators sifted through the rubble of the deadly fire that erupted when a train hauling oil derailed in Lac-Megantic, Quebec, Maine officials are looking at whether a similar disaster could happen here and how prepared emergency responders would be if it did.
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BPA-free plastics going on trial in Texas
Scientists and lawyers are scheduled to debate the safety of certain "BPA-free" plastics this week in a U.S. District Court in Austin, Texas. At issue is whether a line of plastic resins marketed by Eastman Chemical contains chemicals that can act like the hormone estrogen, and perhaps cause health problems. The court battle has attracted attention because the Eastman resins, sold under the name "Tritan," have been marketed as an alternative to plastics that contain an additive called BPA.
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Missed last week's issue? See which articles your colleagues read most.

    OSHA's new fact sheet on injury and illness prevention (OSHA)
Truck driver enters 'Most Beautiful' contest to put brakes on stereotypes (Pioneer Press)
Wealth of regulatory information available on NACD website (NACD)
Trucking sheds 3,500 jobs in June (Transport Topics)

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

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Ensuring chemical compliance
Lab Manager
Large organizations involved in research and production typically handle large volumes of chemical inventory that require different types of storage and tracking. When a laboratory environment is part of the mix, managing the chemical inventory used by the lab presents a challenge to lab managers and environment, health, and safety professionals, who must submit regulatory reports that accurately reflect the status of chemicals on-site. Ensuring that the chemical inventory data is accurate is challenging; providing that information in regulatory reports can be a time-consuming and frustrating task if it is not automated.
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Market outlook: Are there company genes for growth?
Five years after the financial and debt-driven crisis plunged global economies into turmoil, chemical companies continue to operate in a difficult business environment. But many continue to post growth in revenue or earnings, with some achieving both top and bottom line improvement. To find out whether there is an "organizational code for growth," ICIS and management consultancy Oliver Wyman recently surveyed ICIS readers using an online questionnaire designed to look into a number of key dimensions of business organization. The results show an industry with strategies focused very much on growth, delivered through a strong emphasis on products and services. It is also one that puts a high value on customer focus and innovation — the latter largely intended to support near-term new product development, and hence also growth.
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National Tank Truck Carriers (NTTC)

The National Tank Truck Carriers, Inc. (NTTC) represents the tank truck industry before Congress and various federal agencies. Our mission is to champion safety and success in the tank truck community and the people we serve. NTTC’s membership consists of tank truck carriers that specialize in bulk transportation services throughout North America and over 300 vendors that serve our industry.
Tote, ISO, Offshore Tank Container Sales & Rental

Hoover rents and sells tote containers, transport frames, offshore containers, intermodal (ISO) tank containers and related equipment for the storage and transportation of chemicals, liquids and fluids. Hoover provides a full range of services including equipment rental, sales, reconditioning, tank cleaning, recertification and GPS asset tracking and tank level monitoring services.
Contract Transportation
Amware Logistics provides a variety of transportation management services to keep up with our customers' ever changing needs. For many of our customers, we are involved in local drayage and delivery, management of LTL and TL freight, parcel management, freight brokerage, and contract dedicated fleet management operations.

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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