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  NACD News

NACD Regulatory Webinar: How will White House Chemical Safety and Security Executive Order impact NACD members?
Please join NACD on Thursday, Sept. 5, at 12 noon EDT for a webinar on the new White House Executive Order — Improving Chemical Facility Safety and Security. As a response to the fatal West, Texas, fire and explosion, which exposed regulatory gaps, this Executive Order directs federal agencies to enhance coordination and information across the federal government; improve operational coordination with state and local partners; modernize policies, regulations and standards; and work with stakeholders to identify best practices. Christopher Bryant and Kathleen Roberts of Bergeson & Campbell, P.C. and NACD Vice President of Regulatory Affairs Jennifer Gibson will provide an overview of the Executive Order, review specific elements that will impact NACD members, and discuss how NACD will be involved in the Working Group process to highlight Responsible Distribution. Click here to register for this free webinar.
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Regulatory Update: FMCSA adds 2 violations to Safety Measurement System
The Federal Motor Carrier Safety Administration has added two violations to the Compliance, Safety, Accountability Safety Measurement System. One of the violations is based on the new Hours-of-Service regulations and the other is based on a more detailed description of existing controlled substances and alcohol regulations. Both were implemented in the SMS as of July 1, 2013. If motor carriers have one or both of these violations, they will see them in the July snapshot of their SMS data, which was released in early August.
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Rail Update: Environmental group publishes interactive map highlighting trains carrying toxic materials
Last week, the Center for Effective Government, an environmental organization in Washington, released an interactive map that displays the location and details of derailments and other freight rail incidents in the U.S. that have involved toxic chemicals from 1991 through 2012, the latest year for which data is available. The group used data from the Emergency Response Notification System to compile the information on rail incidents and estimates of those that involved toxic chemicals, evacuations, injuries, hospitalizations and fatalities. It also lists the incidents by state.
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Regulatory Update: EPA releases pesticide storage and labeling guide
The U.S. Environmental Protection Agency's Office of Pesticide Programs' Labeling Consistency Committee has completed revisions and updates to Chapter 13 of its pesticide label review manual. The pesticide label review manual provides guidance to both EPA reviewers and the pesticide chemical industry on what is required and recommended for each part of a pesticide product label in order for the agency to approve the label. Chapter 13, dealing with storage and disposal statements on labels, has been updated to clearly reflect the requirements of the 2006 "container-containment" rule, which specified improvements to storage and disposal practices. Prior to revising the chapter, the committee collected comments from the public — primarily the pesticide industry — and state regulators. The revised Chapter 13 is posted on the EPA website at
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Regulatory Update: EPA denies petition to ban water fluoridation chemical
Yesterday the U.S. Environmental Protection Agency announced the availability of its response to a Toxic Substances Control Act (Section 21 petition that asked the agency to take action to ban the use of hydrofluorosilicic acid as a water fluoridation agent. EPA denied the petition. The petitioners, a group of American University students, alumni and faculty, claimed that HFSA leads to the contamination of drinking water with arsenic, lead and radionuclides and that an existing alternative source of fluoride, pharmaceutical grade sodium fluoride, would not contribute to drinking water levels of arsenic, lead or radionuclides comparable to those in HFSA. EPA concluded that the petitioners did not set forth sufficient facts to establish that HFSA presents or will present an unreasonable risk and that it is necessary to initiate a TSCA section 6(a) rulemaking to protect adequately against such risk. Click here for more information including the petition and EPA's response.
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Security Resources: DHS debuts independent study course on insider threats
The Department of Homeland Security recently released an online independent study course titled Protecting Critical Infrastructure Against Insider Threats (IS-915). Designed for critical infrastructure employees and stakeholders, the one-hour course enhances awareness of the potential threats to critical infrastructure from malicious actions taken by those inside an organization. The course also provides guidance on how to identify insider threats to critical infrastructure and an overview of common characteristics and indicators associated with malicious insiders. Specific topics covered include defining insider threat; the scope and impact of insider threats; and identifying actions that can be taken against insider threats. Click here to access the course directly. The Insider Threat course was developed by the DHS Office of Infrastructure Protection in partnership with the Federal Emergency Management Agency Emergency Management Institute, Commercial Facilities Sector-Specific Agency, critical infrastructure owners and operators, and other federal and state agencies. EMI offers more than 150 independent study courses designed for the general public, as well as courses specifically focused on emergency management. All courses are free to those who qualify for enrollment. Click here for a complete listing of all EMI independent study offerings.
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  General Business Interest

EPA promulgates 2 SNURS for carbon nanotube substances
Nanotechnology Now
On Aug. 7, the U.S. Environmental Protection Agency promulgated significant new use rules through a direct final rule for 53 chemical substances that were the subject of premanufacture notices, including two PMN substances whose reported chemical names include the term "carbon nanotube."
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US system for flagging hazardous chemicals 'widely flawed'
A 27-year-old U.S. program intended to warn the public of the presence of hazardous chemicals is flawed in many states due to scant oversight and lax reporting by plant owners, a Reuters examination finds. Under the federal Emergency Planning and Community Right-to-Know Act, private and public facilities must issue an inventory listing potentially hazardous chemicals stored on their properties. The inventory, known as a Tier II report, is filed with state, county and local emergency-management officials. The information is then supposed to be made publicly available, to help first responders and nearby residents plan for emergencies. But facilities across the country often misidentify these chemicals or their location, and sometimes fail to report the existence of the substances altogether.
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Looking for similar articles? Search here, keyword "TIER II"

FMCSA drops break requirement for short-haul drivers
Bulk Transporter
The Federal Motor Carrier Safety Administration wasted no time in announcing that any short-haul driver would be exempt from the 30-minute rest break provision in the new hours-of-service rules. FMCSA officials said the change was effective Aug. 2. This should be good news for the many tank truck fleets handling local distribution of refined fuels and other liquid and dry bulk cargoes. Many of these fleets will fall well within the exemption and will be able to avoid the mandatory rest break.
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EOBR proposal and harassment survey advancing on separate paths
Land Line
A proposal that could someday lead to a mandate for electronic on-board recorders in commercial trucks is moving along two separate paths at the federal level. OOIDA is paying close attention to both, as the Federal Motor Carrier Safety Administration attempts to address the issue of EOBRs and the harassment of drivers by motor carriers. One part of the proposal, a supplemental notice of proposed rulemaking, advanced to the White House Office of Management and Budget Wednesday, Aug. 7.
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New research adds to HOS mix
Just as the hours of service changes take effect, here's new research on how the rules could affect operations and safety.
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DOT warns fraudulent letter being sent to carriers
Commercial Carrier Journal
Fraudulent letters claiming to be sent by the U.S. Department of Transportation are being sent to motor carriers, the Federal Motor Carrier Safety Administration says. The letters are dated July 10 and are being mostly sent via fax. They appear to be from the DOT's Transportation Procurement Office and are signed by a fictitious name: Julie Weynel, Senior Procurement Officer. Weynel is not an employee of the DOT, the agency says.
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EPA to gather data on hydraulic fracturing fluid chemicals
International Law Office
In response to a petition for rulemaking, the Environmental Protection Agency has announced that it will gather data on chemicals used in hydraulic fracturing fluid. In 2011 environmental groups had petitioned the EPA to regulate under the Toxic Substances Control Act the chemicals used in the well-drilling and completion process, which is broader than just hydraulic fracturing fluids (eg, chemicals in cements and drilling muds). In response, the EPA agreed to issue an advanced notice of proposed rulemaking to gather data on chemicals used in hydraulic fracturing fluids, but declined to commit to any future decision to regulate those chemicals.
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Missed last week's issue? See which articles your colleagues read most.

    White House issues executive order on chemical safety, security (NACD)
Court upholds 34-hour restart, rejects 30-minute break for short-haul drivers (Truckinginfo)
DOT seeks to slash DVIR paperwork requirement (Fleet Owner)

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2-year meeting schedule, initial chemicals for IRIS discussions announced
Bloomberg BNA
The Environmental Protection Agency on Aug. 9 released a two-year schedule of public meetings for its Integrated Risk Information System program and the names of three chemicals for which it will release analytic materials prior to the first meeting.
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Pressure mounts for railway to reveal transported chemicals
The Record
The only Waterloo (Canada) official who knows what dangerous chemicals are transported through the city by train is sworn to secrecy by railway officials. Waterloo Fire Chief Lyle Quan obtained the list after a train carrying chemicals derailed in October. Local officials weren't informed of the derailment at the time and now they're battling to find out what Goderich-Exeter Railway trains regularly carry through the city.
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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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Valerie Hunt, Senior Content Editor, 469.420.2690   
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Caitlin O'Donnell, NACD Manager, Communications, 703.527.6223   

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