This message contains images. If you don't see images, click here to view.
Advertise in this news brief.

  Mobile version   RSS   Subscribe    Unsubscribe    Archive    Media Kit    Aug. 6, 2013

Home   About   Member Center   Advocacy   Responsible Distribution   Newsroom        


An innovative and flexible packaging alternative to metal and tin cans or fluorinated plastic. More info >


  NACD News

Regulatory Update: White House issues executive order on chemical safety, security
Last Thursday, the White House issued an Executive Order — Improving Chemical Safety and Security. The EO, which was prompted by the fatal West, Texas, explosion, directs federal agencies to enhance coordination and information sharing among each other; improve operational coordination with state and local partners; modernize policies, regulations and standards; and work with stakeholders to identify best practices. The EO establishes a Chemical Facility Safety and Security Working Group co-chaired by the Department of Homeland Security, the Environmental Protection Agency and the Department of Labor, specifically the Occupational Safety and Health Administration. The Departments of Justice, Agriculture and Transportation are also members. The EO instructs the Working Group to carry out the regulatory coordination, review, and modernization activities under tight deadlines. Click here to read the EO and click here for a fact sheet on it.
   Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

Regulatory Alert: DHS sends CFATS non-compliance letters to facilities
The U.S. Department of Homeland Security has sent Notices of Potential Non-Compliance with the Chemical Facility Anti-Terrorism Standards (6 CFR Part 27) to numerous facilities. This is part of an increased information sharing effort across federal and state governments to better understand the universe of chemical facilities in the wake of the fatal West, Texas, fire and explosion. DHS is conducting data matching between CFATS and data sets provided by stakeholders to identify facilities that may have CFATS chemicals of interest at screening threshold quantities and potentially should complete a Top-Screen. DHS is aware that some companies may receive the letter in error despite the fact that they have already submitted a Top Screen or are not required to submit a Top Screen as a result of the Maritime Transportation Security Act or other exemptions. If you believe that you have received the DHS letter in error because your facility has already submitted a CFATS Top-Screen or is not required to complete a Top-Screen, please contact the DHS Infrastructure Security Compliance Division at Facilities should include their notification code number with the actual CSAT facility ID number in their emails to DHS.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article


Legislative Update: House subcommittee holds hearing on CFATS
On Aug. 1 the House Subcommittee on Cybersecurity, Infrastructure Protection and Security Technologies held a hearing titled "West Fertilizer: Off the Grid." Director David Wulf of the DHS office of the Infrastructure Security Compliance Division testified with Director Stephen L. Caldwell of the Government Accountability Office. The hearing focused heavily on the CFATS program and how to ensure oversight of the estimated thousands of facilities across the country considered outliers because they are not yet identified by the federal government. Full Committee Chairman Mike McCaul, R-Texas, said West was a "disaster waiting to happen" and with 800,000 people across the country living near chemical facilities, these outlier facilities are extremely dangerous. Director Wulf told Congress that DHS has increased outreach and is working closely with industry associations and state and local associations to identify outlier facilities. Director Wulf directly thanked NACD in his testimony before Congress for the work being accomplished.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

Legislative Update: Senate committee holds marathon hearing on TSCA
Last Wednesday, the Senate Committee on Environment and Public Works held an all-day legislative hearing to discuss the Lautenberg-Vitter bill (S.1009) to amend the Toxic Substances Control Act and modernize the way the nation regulates the chemicals used in commerce. For years, Sen. Frank Lautenberg, D-N.J., pushed to strengthen current law. He joined with Sen. David Vitter, R-La., and a bipartisan group of senators representing the ideological spectrum to introduce compromise, negotiated language. Shortly after introduction, however, he passed away, leaving it to others Democrats to carry the torch. Wednesday's hearing had an impressive lineup of 19 witnesses, representing varied viewpoints, including an impassioned plea from Lautenberg's widow. Click here for a full report on the hearing from NACD Environmental Regulatory Partner Bergeson & Campbell, P.C.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

Legislative Update: NACD joins tax reform coalition, responds to president on corporate tax reform
The Coalition for Fair Effective Tax Rates is a group representing more than 1,000,000 businesses, both large and small, whose mission is to educate Congress and key stakeholders that tax reform should be viewed through the lens of effective tax rates, the amount of taxes businesses actually pay. The Coalition uses the metric of effective tax rates for tax reform that broadens the tax base while lowering tax rates for corporations and pass through businesses that pay taxes using individual tax rates. NACD joined the Coalition for Fair Effective Tax Rates in July. The Coalition released a statement in response to President Barack Obama's July 30 speech on corporate tax reform.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

Regulatory Update: NLRB members confirmed by Senate
On July 30, the Senate confirmed five members to the National Labor Relations Board. The new Board includes three Democrats and two Republicans. Democrat Mark Pearce, Chair of the NLRB since 2011 and a former lawyer representing unions in private practice, together with Democrats Kent Hirozawa (Pearce's chief counsel) and Nancy Schiffer (a longtime union attorney who worked for AFL-CIO and UAW), join Republicans Phil Miscimarra, labor attorney representing management and partner with the law firm of Morgan Lewis, and Harry Johnson, a labor attorney representing management and partner with the law firm of Arent Fox. Pearce will continue as chair. The new Board will likely begin issuing cases in the next few months and rules within the year.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

Continuous GHS Labels On Demand

NeuraLabel Printer can be your solution for GHS and DOT compliant drum labels. You can properly label barrels and increase operational flexibility by printing both small and large jobs on continuous media. Labels range from 5” to 48”. You’ll have one-pass 4-color digital printing, full automation and solid reliability.
Always Forward Thinking

Email us at

Visit our website at

Visit our blog at
Believe in Better Service

As the largest IBC provider in the U.S., Precision IBC is proud to offer you a complete line of the highest quality Intermediate Bulk Containers when you need them: nights, weekends and holidays. We are recognized for our superior service and competitive prices.

Visit us at Booth 500 / 502!

Regulatory Update: Federal Railroad Administration issues emergency order for Attendance and Securement after Canadian crash
On Friday, Aug. 2, U.S. Department of Transportation's Federal Railroad Administration issued an Emergency Order and Safety Advisory to help prevent trains operating on mainline tracks or sidings from moving unintentionally. The FRA's announcement was made in response to last month's derailment in Lac-Mégantic, Quebec, Canada. The Emergency Order is a mandatory directive to the rail industry, and failure to comply will result in enforcement actions against violating railroads. The Order outlines the following measures that all railroads must undertake within the next 30 days.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

Regulatory Update: OSHA issues hazard alert on 1-Bromopropane
Last week, the U.S. Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health issued a hazard alert to urge employers that use 1-bromopropane to take appropriate steps to protect workers from exposure. "The use of 1-bromopropane has increased in workplaces over the last 20 years," said OSHA Administrator David Michaels. "Workers exposed to this toxic chemical can suffer serious health effects, even long after exposure has ended. Hazardous exposure to 1-BP must be prevented. Employers have a responsibility to ensure the safety of their workers." OSHA states that exposure to 1-BP has been associated with damage to the nervous system among workers, and it has been shown to cause reproductive harm in animal studies. The chemical is used in degreasing operations, furniture manufacturing and dry cleaning. The hazard alert was issued in response to information on the increased use of 1-BP as a substitute for other solvents as well as recent reports of overexposure in furniture manufacturing. 1-BP was nominated as a chemical of concern in OSHA's Web Forum to Identify Hazardous Chemicals.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

Regulatory Update: FDA announces Food Safety Modernization Act fee rates
The U.S. Food and Drug Administration last week announced the fiscal year 2014 fee rates for certain domestic and foreign facility re-inspections, failures to comply with a recall order, and importer re-inspections that are authorized by the Federal Food, Drug, and Cosmetic Act, as amended by the FDA Food Safety Modernization Act. The FSMA provided FDA with authority to assess and collect fees from, in part:
  1. The responsible party for each domestic facility and the U.S. agent for each foreign facility subject to a re-inspection, to cover re-inspection-related costs;
  2. The responsible party for a domestic facility and an importer who does not comply with a recall order;
  3. Each importer subject to a re-inspection.

Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

We'll move your excess inventory!

We are brokers and resellers of excess chemical inventories and new and used chemical equipment. Call 203-245-875 or email to find out how we can save you money.
Transportable devices, forklift attachments, hoist attachments and customized equipment for the safe handling of all steel, plastic and fiber drums. Proven Parrot-Beak® technology. Read More

  General Business Interest

Court upholds 34-hour restart, rejects 30-minute break for short-haul drivers
In the end, the side that held its breath the longest won. The U.S. Court of Appeals for the District of Columbia Circuit upheld the 34-hour restart provision of the new truck driver hours-of-service rule but rejected the 30-minute break requirement for short-haul drivers. "[The Federal Motor Carrier Safety Administration] won the day not on the strengths of its rulemaking prowess, but through an artless war of attrition," wrote Judge Janice Roberts Brown for the unanimous court.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

DOT seeks to slash DVIR paperwork requirement
Fleet Owner
The Department of Transportation is proposing to reduce paperwork filing requirements for driver vehicle inspection reports or "DVIRs" to help lower compliance costs for the trucking industry — to the tune of $1.7 billion annually, according to the agency.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

Missed last week's issue? See which articles your colleagues read most.

    FDA proposes Food Safety Modernization Act rules on imports, third-party auditors (NACD)
How many hours are in a 34-hour restart? (The Journal of Commerce)
CSB may tell off OSHA, Obama administration — officially (Houston Press)

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

Wulf: Unified federal chemical facility database a possibility
An outcome of the chemical facility executive order signed by President Barack Obama Aug. 1 could be a consolidated federal database of chemical facilities, a Homeland Security Department official told a House panel while blaming technological difficulties for past inability to share data across organizational lines.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

OIG: Unfinished investigations hinder chemical board's mission
The Center for Public Integrity
The federal agency charged with investigating chemical accidents is weighed down by a backlog of unfinished investigations, hindering its ability to provide information and advice that could prevent future disasters, a report released by the Environmental Protection Agency’s Office of Inspector General concluded. A recent Center for Public Integrity story examined the causes of this backlog at the agency, the Chemical Safety Board, and the dissatisfaction with its performance among some in Congress, current and former board members and families affected by unfinished accident investigations. The inspector general's report found that the disparity between the number of investigations the agency, known as the CSB, planned to complete and the number it actually finished has widened steadily in recent years.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

Deliver more product less often and reduce distribution costs through cellular tank    monitoring. Locate assets and know tank    levels, 24/7, with TankLink. Learn more...
NOW There's a Better Choice

• Best valve protection
• Viton Seals & O-rings
• Independent testing lab certification
    • New anti-reversing REM-Bolt
    • Friendlier service – faster delivery
    ALL STANDARD   

Safety expert: To keep trainees' attention, vary the teaching method
DC Velocity
In well-run warehouses and DCs, employee training is high on the priority list. But simply standing in front of warehouse associates and lecturing them isn't very effective. If you want workers to apply what they've learned when they head back out onto the floor, you'll need to make the material both interesting and memorable.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article

10 tips for reducing the risk of employment-related litigation
D. Albert Brannen
This article offers tips for minimizing or avoiding employment-related liability. These tips apply even to employers who may not have enough employees to be covered by the major federal employment laws such as Title VII, the Americans with Disabilities Act or the Family and Medical Leave Act.
Share this article:   Share on FacebookTwitterShare on LinkedinE-mail article
Looking for similar articles? Search here, keyword "EMPLOYERS"

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.
New Challenges. New Risks. New Science.

UL is a global independent safety science company with more than a century of expertise innovating safety solutions from the public adoption of electricity to new breakthroughs in sustainability, renewable energy and nanotechnology. Dedicated to promoting safe living and working environments, UL helps safeguard people, products and places in important ways, facilitating trade and providing peace of mind.

NACD NewsBrief
Colby Horton, Vice President of Publishing, 469.420.2601
Download media kit

Valerie Hunt, Senior Content Editor, 469.420.2690   
Contribute news

Caitlin O'Donnell, NACD Manager, Communications, 703.527.6223   

This edition of the NACD NewsBrief was sent to ##Email##. To unsubscribe, click here. Did someone forward this edition to you? Subscribe here -- it's free!
Recent issues
XXAug. 6, 2013
August 6, 2013
Aug. 1, 2013 ChemBytes
July 30, 2013

7701 Las Colinas Ridge, Ste. 800, Irving, TX 75063