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Regulatory Update: FDA proposes Food Safety Modernization Act rules on imports, third-party auditors
The U.S. Food and Drug Administration has released two new proposed rules as required by the Food Safety Modernization Act. The agency has provided a 120-day comment period for each proposal, and comments are due by Nov. 26. The first proposed rule would strengthen the oversight of food imported into the U.S. Through these new Foreign Supplier Verification Program regulations, importers would be required to perform certain risk-based activities to verify that food imported into the U.S. has been produced in a manner that provides the same level of public health protection as that required of domestic food producers.
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Legislative Update: NACD signs industry letter on tax reform
On July 26, NACD joined 70 other organizations in a letter to the Chairman and Ranking Members of the Senate Finance and House Ways and Means Committees to implore the legislators to follow three guiding principles as they overhaul the nation's tax system. An enormous amount of political capital is being spent to make substantial changes to the way the nation's businesses are taxed and the issue has great significance to the chemical distribution industry.
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Regulatory Update: DHS figures show increase in security plan approvals
Earlier this month, the U.S. Department of Homeland Security published a new fact sheet with updates on the Chemical Facility Anti-Terrorism Standards program. In the update, DHS reported that as of July 15, 2013, more than 44,000 facilities had filed Top Screens, that 4298 facilities are covered under CFATS, and that more than 3000 facilities have voluntarily removed, reduced or modified their holdings of chemicals of interest. The update also reports that DHS has conducted 1264 CFATS compliance assistance visits, authorized 536 site security plans and approved 166 site security plans following authorization inspections. Click here for a copy of the latest fact sheet and other information on CFATS.
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Looking for similar articles? Search here, keyword "CFATS"


Regulatory Compliance Resources: New tools now available for OSHA HazCom2012 implementation
Last week, the U.S. Occupational Safety and Health Administration and the Society for Chemical Hazard Communication hosted a webinar, Hazard Communication 2012: One Year of Implementation. During the webinar, OSHA personnel provided valuable information on what must be included in the requirement to train employees on the new label and safety data sheet elements. The deadline for all employers to conduct this training is approaching quickly on Dec. 1, 2013. To access the webinar, click here or contact NACD Vice President of Regulatory Affairs Jennifer Gibson at for a copy of the slides.
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Regulatory Update: EPA Inspector General: Focus on chemicals management
Earlier this month, the U.S. Environmental Protection Agency Office of Inspector General issued a report titled "The EPA's Fiscal Year 2013 Management Challenges." In the report, the OIG listed the top five management challenges for EPA including chemicals management, cybersecurity, ensuring that remediated sites are safe to use, state program oversight and effective use of the agency's workforce. According to the OIG, these were also the top five EPA management challenges in 2012. In the area of chemicals management, the report noted that EPA's authority to regulate chemicals is limited by the current Toxic Substances Control Act, but that the agency must use its existing authority to create an effective chemicals program. The report also called on the EPA to focus on full implementation of the Endocrine Disruptor Screening Program, noting that after 13 years, the agency has yet to determine whether any chemical is a potential endocrine disruptor. Click here to read the full report.
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Regulatory Update: ASTDR to collect new information on chemical emergencies
Last week, the Agency for Toxic Substances and Disease Registry announced a proposal to collect data on chemical emergencies from first responders, emergency department personnel, state and local public health professionals, and Poison Control Center directors and staff. ASTDR says the purpose of the data collection is to increase the effectiveness of governmental agency communications related to chemical releases, both intentional and intentional. The agency is seeking information on what respondents know and believe about chemical emergencies, what information they want, what actions they would take in the case of a chemical emergency, and what their challenges and concerns are. Coming just three months after the fatal West, Texas, fertilizer plant explosion, this is likely an initiative to prevent similar incidents in the future. Click here for a copy of the notice.
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Regulatory Update: EPA to hold Aug. 1 webinar on electronic submission of endocrine disruptor test orders
The U.S. Environmental Protection Agency is developing a fully electronic, Web-based submission process to handle the receipt of responses to future Endocrine Disruptor Screening Program test orders. EPA is beta testing the system and seeking input from potential industry users of the system. The first industry outreach session will occur on Thursday, Aug. 1, from 1 to 4 p.m. Eastern time. During the session, EPA will conduct a Web-based walkthrough of the EDSP submission module under development. The agency states that it is interested in obtaining feedback on the test order response module as this feedback will be key to the successful development of this and future electronic submission systems.
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Regulatory Update: EPA redesigns TRI website, releases preliminary 2012 data
The U.S. Environmental Protection Agency has redesigned its Toxics Release Inventory website. EPA says the changes are designed to provide new content, streamline site navigation, provide more context for TRI data and offer more ways for citizens to get involved with the TRI Program and provide feedback. The TRI page is still located at; however, EPA notes that the addresses for most of the individual Web pages have changed, so users will need to update bookmarks.
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Legislative Update: Senate committee holds energy hearing
On July 16, the Senate Energy and Natural Resources Committee held a full committee hearing on the prices of gasoline and fuel and how those prices are reflected through the changes of domestic oil production, refining and distribution. The panel included Adam Sieminski, administrator of the Energy Information Administration, and five prominent energy sector businessmen, ranging from oil production to sales to energy markets. Click here for the link to the committee testimony and witness list.
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  General Business Interest

McGladrey/NAW Institute survey shows distributors concerned about political indecision, uncertainty over new regulations
Uncertainty about government regulation and its impact on business growth has become a top concern of executives in the wholesale distribution industry, according to results from the 2013 McGladrey/NAW Institute Distribution Monitor. The survey was sponsored by McGladrey LLP, the nation's leading provider of assurance, tax and consulting services focused on the middle market, and the NAW Institute for Distribution Excellence, the long‐range research arm of the National Association of Wholesaler‐Distributors.
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How many hours are in a 34-hour restart?
The Journal of Commerce
How many hours are there in a "34-hour" restart? This isn't a trick question. For truck drivers, planning a work week just got much harder. Before July 1, drivers could end their week, spend 34 hours off duty and start a new week. Under regulations that took effect July 1, however, they may have to wait much longer, depending on when they go off duty.
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Opinion: Enforcement disparity = Flawed CSA scores
Transport Topics
Independent studies have confirmed that anomalies and flaws exist in the relationship between crash likelihood and a trucking company's BASIC scores as calculated under the Federal Motor Carrier Safety Administration's Compliance, Safety, Accountability program. Despite this generally accepted fact, FMCSA insists on making the flawed scores available to the public. But why?
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Missed last week's issue? See which articles your colleagues read most.

    House leaders express reservations about future of CFATS (NACD)
NACD comments to DOT on enhanced enforcement procedures (NACD)
CFATS evolves: The current state of chemical industry security (Reed Smith)

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

List of safer chemical ingredients expanded
Kansas City infoZine
The U.S. Environmental Protection Agency added more than 130 chemicals to its Safer Chemical Ingredients List. For the first time, 119 chemicals that use fragrance for commercial and consumer cleaning products have been added to the list.
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CSB may tell off OSHA, Obama administration — officially
Houston Press
The CSB isn't what you'd call a powerful agency. Created in the 1990s, the agency was given the power to investigate, but they can't issue fines or citations or even collect evidence from investigation sites. Their investigations can still pack a punch — the report from the British Petroleum Texas City explosion resulted in a $150 million fine for BP — and then there's the fact that the board can issue rebukes. And now, the agency might actually use its power to publicly disapprove.
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Apps for hazmat management
HazMat Management
The website, run by Donley Technology, has a comprehensive list of mobile apps for environmental, health and safety personnel. Company President Elizabeth Donley believes mobile apps can open up new possibilities in the ways EH&S professionals work, stating, "In addition to being able to enter data while on the move, the primary advantage that mobile apps offer is that you can automatically add photos and location information to the data you gather."
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Chemical companies rush to US thanks to cheap natural gas
Bloomberg Businessweek
Scores of companies plan to spend about $100 billion to build or expand chemical plants in the U.S., according to a tally kept by Dow Chemical, the biggest U.S. chemical maker by sales. The resurgence of the U.S. chemical industry can be explained in two words: natural gas. The shale boom has made the U.S. the lowest-cost chemical producer outside the Middle East.
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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.
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NACD NewsBrief
Colby Horton, Vice President of Publishing, 469.420.2601
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