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Regulatory Resources — Register Today for NACD Webinar on CFATS Inspections
Please join NACD for the next regulatory webinar at 12 noon Eastern Daylight Time on Thursday, Aug. 28 – "Hands on Experience with CFATS Authorization Inspection (AI) Preparation and When is the Alternate Security Program (ASP) a Good Choice?" Mike Saad, senior director of consulting services for Huffmaster, one of NACD's Regulatory Compliance Preferred Providers, will present lessons learned and recommendations to help you through your authorization inspection. Click here to register.
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Regulatory Update — DHS Seeks Comment on Potential Changes to CFATS
On Monday, the U.S. Department of Homeland Security (DHS) published an advance notice of proposed rulemaking in the Federal Register requesting comments on potential modifications to the Chemical Facility Anti-Terrorism Standards. DHS is specifically seeking comments on the information submission process (i.e. the Top Screen, Security Vulnerability Assessment (SVA), and Site Security Plan (SSP)); the use of Alternative Security Programs (ASPs) in lieu of SVAs and the current limitation of this to Tier 4 facilities; the processes for reviewing SSPs and ASPs; the processes for submitting and evaluating requests for redetermination; and the issuance of orders and the enforcement process.
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Regulatory Update — NACD Petitions OSHA for HazCom2012 Compliance Deadline Extension
Last week, NACD joined eight other organizations in sending a petition to the U.S. Occupational Safety and Health Administration (OSHA) asking the agency to provide relief from the implementation dates for labels and safety data sheets (SDSs) under the Hazard Communication Standard (HCS) for chemical product formulators. NACD and the other groups filed the petition because of the lack of updated hazard classifications for raw materials down the supply chain.
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Legislative Update — 2016 GOP Presidential Hopefuls Laying Groundwork in Iowa
The 2016 Iowa caucuses are 18 months away, but no time is too early to begin campaigning for 2016. Former Arkansas Gov. Mike Huckabee and former Pennsylvania Sen. Rick Santorum both have solid operations in Iowa already. Sen. Rand Paul of Kentucky was recently in Iowa to begin organizing a campaign structure, and Texas Gov. Rick Perry was there to do the same just last week.
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Regulatory Update — OSHA Updates Its Inspection Procedures for the Respiratory Protection Standard
The U.S. Occupational Safety and Health Administration (OSHA) recently updated its Respiratory Protection Directive, which provides guidance to the OSHA national, regional, and area offices for performing compliance inspections involving the agency's Respiratory Protection Standard, 29 CFR 1910.134. The directive informs industry concerning OSHA's policy and procedures for implementing intervention and inspection programs to reduce or eliminate workplace exposures related to hazardous airborne substances. This directive replaces the previous instruction issued in 1998.
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Regulatory Update — EPA Fines Company More Than $900,000 for FIFRA Violations
Zep Inc., located in Atlanta, Georgia, has agreed to pay a fine of $905,000 to resolve alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act, the U.S. Environmental Protection Agency announced last month. The alleged violations are related to the sale and distribution of the unregistered and misbranded pesticide "Formula 165" as a supplemental distributor without first obtaining a supplemental distribution agreement with the registrant between April 21, 2010, and Jan. 6, 2012. The lack of a supplemental agreement also meant Zep Inc. was not authorized to manufacture, sell, or distribute the pesticide.
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Wide-Ranging Federal Plans to Address Chemical Process Safety and Security
National Law Review
Substantive changes may be coming to OSHA's process safety management standard, EPA's Risk Management Plan regulations, and DHS's CFATS program. Companies affected by these and other programs regulating process safety and security should be aware of the developments and, as appropriate, consider participating in the rulemaking process.
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Cargill to Pay $187,500 Penalty for Clean Water Act Violation
Omaha World-Herald
Cargill Inc. will pay a $187,500 civil penalty to the U.S. government for failing to have in place an emergency spill response plan at oil storage facilities in Blair, Nebraska, and Eddyville, Iowa.
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Ferro Gets Last Word: Defends Agency, Agenda, Her Leadership
Commercial Carrier Journal
Wrapping up five-years on duty at the wheel of FMCSA, Anne Ferro says she wouldn't do anything differently: She's worked to implement Obama administration policy within the framework of the agency's mandate, and that includes keeping a wide range of truck safety initiatives on the road to implementation.
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Tote, ISO, Offshore Tank Container Sales & Rental

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OSHA Urges Greater FMCSA Flexibility Over Coercion
Fleet Owner
The Federal Motor Carrier Safety Administration's (FMCSA) proposed definition of coercion is too limited, as is the time FMCSA is proposing to give drivers to lodge a complaint, the head of the Occupational Health and Safety Administration (OSHA) said in a letter to FMCSA.
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Schumer Wants to Boost Superfund
Democrat & Chronicle
Last week, U.S. Sen. Charles Schumer, D-N.Y., visited the village of Holley to announce a push to resurrect a tax on oil and chemical industries in order to fund EPA efforts to take care of polluted industrial sites like the five-acre former Diaz Chemical Corp. plant, which shut down in 2003. Schumer also said he would push to add funding to the EPA's Superfund program.
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Senate Bill Aims to Promote Natural Gas Adoption in Long-Haul Trucking
The Senate this week introduced its version of a bill to cut natural gas-powered trucks a break, as it would give them an exemption to federal truck weight standards as a means to mitigate the weight of natural gas tanks and to prevent natural gas adopters from being at a competitive disadvantage.
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Road Taxes Are Rising, Even in Tax-Averse States
The Associated Press via Construction Equipment Guide
For nearly a century, Missouri has taxed drivers to pay for its roads. That's always provided enough - until now. A historic change that would tax virtually everything they buy in order to yield more money for roads and bridges, recently came up for a vote.
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Bill Proposed to Phase Out Chemicals in Household Items
Central Oregonian
The convenience of non-stick cookware and the stain resistance of pizza boxes, popcorn bags, carpets and fabrics have all come under scrutiny by a bill introduced by Oregon Sen. Jeff Merkley.
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U.S. Trade Deal Might Loosen Europe's Chemical Safety Rules
The Modesto Bee
It has been difficult for American chemical companies to crack the European market because the safety standards there are tougher than they are in the U.S. A pending free trade deal with the European Union, known as the Transatlantic Trade and Investment Partnership, might include broad changes to how products that contain chemicals, including everyday household items such as cosmetics and cleaners, are regulated on both sides of the Atlantic.
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Where Technology and Trucking Insurance Intersect
Fleet Owner
In the world of trucking insurance, technology - from electronic logging devices (ELDs) to speed monitoring and in-cab video camera systems - is playing a bigger and bigger role in the risk analysis process; to the point where it may begin to affect how carrier premiums are calculated, especially in light of the new safety scoring system established by the Comprehensive Safety Accountability (CSA) program.
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Chemical Industry Recovery Stays the Course
Market Intelligence Center
The chemical industry started the year on a positive note following a bumpy 2013. The first two quarters of 2014 showed encouraging demand trends for chemicals and continued recovery across end-use markets such as commercial construction and electronics after being in a rut for the most part of 2013. In fact, the chemical industry -- a roughly $5 trillion global business – itself consumes 26 percent of its own output.
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Matthew McKinney, NACD Manager, Public Affairs, 703.527.6223   

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