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Regulatory Update: NACD comments to DOT on enhanced enforcement procedures
NACD filed comments yesterday with the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration in response to a proposed rule on enhanced enforcement procedures regarding opening of hazardous materials packages suspected of being out of compliance. In the comments, NACD commended PHMSA for proposing to further clarify procedures related to the agency's enhanced inspection, investigation and enforcement authority.
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Regulatory Compliance Resources: Statement on EU CLP obligations available
NACD has prepared a Statement on the role of U.S chemical distributors in the European Union Classification, Labeling and Packaging regulation (1272/2008) and the application of this chemical classification scheme to the activities of NACD members. The CLP regulation implements the Globally Harmonized System of Classification and Labeling of Chemicals across the EU and European Economic Area countries. CLP requires all EU manufacturers, importers and downstream users placing a substance or mixture on the EU market to classify and label any hazardous potential of the product in accordance with the hazard categories set out in the regulation, as well as provide a safety data sheet where the substance is considered hazardous. CLP applies to EU manufacturers, importers and downstream users regardless of whether or not they are subject to REACH, the EU's Registration, Evaluation, Authorization and Restriction of Chemicals regulation. The NACD statement provides a brief overview of CLP and affected parties and describes the obligations of NACD members that import to or distribute chemicals in the EU. The statement is available on the Regulatory Resources for NACD Members Only page of the NACD website at
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Regulatory Update: House leaders express reservations about future of CFATS
Yesterday, House Energy and Commerce Committee Chairman Fred Upton, R-Mich., Homeland Security Committee Chairman Michael McCaul, R-Texas, and Homeland Security Appropriations Subcommittee Chairman John Carter, R-Texas, sent a letter to U.S. Secretary of Homeland Security Janet Napolitano expressing concerns about shortcomings of the Chemical Facility Anti-Terrorism Standards and noting "serious reservations" about extending funding for the program unless significant progress is made. The lawmakers pointed to flaws in the program's risk evaluation system, compliance hurdles, implementation delays and the failure of the program to identify vulnerable facilities as highlighted by the West, Texas, fertilizer plant explosion.
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Regulatory Compliance Resources: Last chance to register for free OSHA-SCHC July 25 webinar on revised hazard communication standard
Registration is still available for Thursday's 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. The webinar will feature experts from OSHA who will also discuss guidance materials on the rule. The webinar is intended to answer many of the questions OSHA has received in this first year of Hazard Communication 2012 implementation. This webinar is free, but registration is required. Please click here to register.
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Regulatory Update: Trucking association asks DOT to clarify HOS rest break attendance requirements for hazardous materials
Last week, the American Trucking Associations submitted a formal request for clarification to the Federal Motor Carrier Safety Administration regarding attendance requirements under the hours-of-service rule mandatory 30-minute rest periods. Under the new HOS rule, drivers must take a 30-minute break and be completely off-duty after eight hours of driving. The question has been raised about whether drivers may stay with their vehicles, particularly those carrying hazardous materials, during these rest periods. ATA has specifically asked FMCSA to clarify that a driver otherwise free to pursue activities of his choosing may exercise constant attendance over a vehicle during a rest break and log that time as off-duty, which is in line with practices for those carrying explosives in complying with Section 397.5.
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Regulatory Update: EPA updates NAICS code list for Toxics Release Inventory reporting
The U.S. Environmental Protection Agency published a direct final rule and a proposed rule in the July 18 issue of the Federal Register on updates to the list of North American Industry Classification System codes subject to reporting under the Toxics Release Inventory to reflect the Office of Management and Budget 2012 NAICS revisions. Facilities would be required to use 2012 NAICS codes beginning with TRI reporting forms that are due on July 1, 2014, covering releases and other waste management quantities for the 2013 calendar year. EPA is taking this action so that the 2012 NAICS codes for TRI reporting accurately reflect the universe of covered facilities under section 313 of the Emergency Planning and Community Right to Know Act. According to EPA, the updates will not change the universe of facilities that are currently required to report to EPA and the states. This rule is effective on Oct. 16, 2013, without further notice, unless EPA receives adverse comment on the direct final rule or the identical proposed rule by Aug. 19, 2013. If EPA receives adverse comment, the agency will publish a withdrawal in the Federal Register informing the public that the rule will not take effect. Click here for a copy of the final rule. Click here for a copy of the proposed rule.
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Continuous GHS Labels On Demand

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Regulatory Update: PHMSA seeks volunteers for electronic shipping paper pilot
On Friday, July 19, the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration issued a call for volunteers and information collection request in the Federal Register for a pilot program to evaluate the effectiveness of paperless hazard communication systems, also known as HM-ACCESS. The "Moving Ahead for Progress in the 21st Century Act" (MAP-21), enacted into law last year, authorized PHMSA to conduct the pilot program and make a recommendation to Congress regarding regulatory changes that would permanently authorize the use of paperless hazard communications systems. The report is due to Congress by Oct. 1, 2014.
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Regulatory Update: TSA launches new website for TWIC universal enrollment
The Transportation Security Administration has launched a new website for Transportation Worker Identification Credential universal enrollment. In addition, the agency has announced all TWIC enrollment centers have transitioned to a new enrollment provider (MorphoTrust USA) as part of TSA's Universal Enrollment Services initiative. The UES website at contains the latest information on enrollment centers (e.g., addresses, hours of operation, etc.) and provides users the ability to check enrollment/card status after applying for the TWIC program. The site also has a new feature that allows users to order an Extended Expiration Date TWIC or card replacement on the web. The UES Call Center is available at 1-855 DHS-UES1 (1-855-347-8371), Monday through Friday, 8 a.m. to 10 p.m. Eastern. TSA states that all UES and TWIC inquiries and all enrollment center appointments can be made by contacting the UES Call Center. TSA notes that the TSA TWIC Program website at is still the best resource for overall TWIC program information and requirements.
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Regulatory Update: DOT sets meeting on safety of hazmat rail transportation
Last week, the U.S. Department of Transportation's Federal Railroad Administration and Pipeline and Hazardous Materials Safety Administration announced a two-day public meeting and request for comments on improving the safety of railroad transportation of hazardous materials. FRA and PHMSA are undertaking a comprehensive review of operational factors that affect the safety of the transportation of hazardous materials by rail and are seeking input from stakeholders and interested parties through the meeting and written comments. The public meeting will take place Aug. 27-28, from 8:30 a.m. until 4:30 p.m., at DOT Headquarters in Washington, D.C. Click here for a copy of the announcement.
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  General Business Interest

Analysis: Lawyers gear up to lobby, sue as McCarthy heads to EPA
When Gina McCarthy steps into her new role as administrator of the Environmental Protection Agency she will face an army of lawyers trying to sway the agency as it writes rules on power-plant emissions that will form the centerpiece of the Obama administration's climate-action plan.
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CFATS evolves: The current state of chemical industry security
Reed Smith
The Department of Homeland Security and the Chemical Sector Coordinating Council, of which NACD is a member, recently co-hosted a two-day summit on "Chemical Sector Security." The conference brought together industry groups, individual companies and government agencies to discuss the laws, regulations and pending initiatives relating to physical and data security of chemical facilities and industries. Several developments and issues are of particular interest.
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Missed last week's issue? See which articles your colleagues read most.

    DEA releases revised Chemical Handler's Manual (DEA)
Presenting the ICIS Top 100 chemical distributors (ICIS)
FMCSA publishes guidance on HOS off-duty time (FMCSA)
Break requirement tops HOS confusion so far (Commercial Carrier Journal)

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

New trucking safety regulations to boost shipping costs
St. Louis Post-Dispatch
New U.S. safety regulations requiring truckers to work shorter shifts may cut productivity, worsen a driver shortage and boost freight costs for the $8.4 trillion in goods hauled each year by American big rigs. The rules that took effect this month may reduce productivity by about 3 percent, translating into $18 billion in additional costs for an industry with annual revenue of around $600 billion, according to freight data and forecasting firm FTR Associates. Training and transition expenses may add another $320 million to truck companies' annual tabs, according to an estimate by the Department of Transportation.
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Legislation would boost minimum truck insurance almost 600 percent
On July 19, Rep. Matt Cartwright, D-Penn., introduced a bill that would raise the required insurance minimum for motor carriers, dubbed the Safe and Fair Environment on Highways Achieved through Underwriting Levels Act (H.R. 2730) otherwise known as "SAFE HAUL." The bill would increase the required insurance minimum for motor carriers from $750,000 to $4.422 million. The bill would also tie the future insurance minimum requirement to the cost of medical care inflation.
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Fleets hauling more freight than ever — but robust profits elusive
Transport Topics
The largest trucking companies in the United States and Canada are hauling more freight than ever, but the slow pace of economic growth and the costs associated with increased government regulation is making it more difficult for many carriers to add capacity and invest in new equipment.
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Opportunity for chemical distributors continues to grow worldwide
Marketwired via Business Review USA
The chemical industry is continuing to outsource its distribution to third-party distribution providers, according to a new report by BCG titled "The Growing Opportunity for Chemical Distributors: Reducing Complexity for Producers Through Tailored Service Offerings." Between 2008 and 2012, the worldwide chemical distribution market grew approximately 9 percent per year, in nominal terms. Such growth outpaces the expansion in chemical consumption worldwide, at a nominal 8 percent per year over the same time period. The report builds on earlier research that BCG published in 2010, which identified the scope of the global opportunity for chemical distributors.
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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

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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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