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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 Resources: Updated chemical distributor regulatory checklist now available
An updated version of the Regulatory Checklist and Resources for Chemical Distributors document is now available. Among the changes are the addition of OSHA's Electrical Safety Standard, updates to the FMCSA Hours of Service rules, information on NACD's new Regulatory Compliance Provider Directory and several new and updated links to various resources. The Regulatory Checklist is a valuable tool for members that includes a list of the major federal regulations applicable to chemical distributors and links to find out more about these requirements. The document is intended to alert NACD member company leaders and regulatory personnel on key areas that are targets for inspections and enforcement actions. Depending on each company's products and operations, some of the requirements may not be applicable to all, or additional ones may apply.
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Regulatory Resources: NACD announces regulatory compliance providers directory
In this increasingly challenging regulatory environment, it is imperative for your company to have direct access to the knowledge and information you need to be compliant. NACD is pleased to introduce the new Regulatory Compliance Providers Program, a directory designed specifically for members to easily identify the NACD affiliate that offers the regulatory expertise they need. The firms on the list are compliance experts in a variety of regulatory areas that impact chemical distributors. On our Compliance Providers webpage, you may view a list of participating companies by issue area and product/service. To learn more about each firm's service offerings and contact information, simply click each company name. Click here to view the directory.
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Regulatory Update: Chemical Safety Board calls for regulatory expansion
Last week in a new video safety message, Rafael Moure-Eraso, Chairperson of the U.S. Chemical Safety and Hazard Investigation Board, called for more regulatory coverage of reactive chemicals following the fatal ammonium nitrate explosion in West, Texas. Specifically, he called upon the U.S. Occupational Safety and Health Administration and the U.S. Environmental Protection Agency to expand coverage of the Process Safety Management standard and the Risk Management Program to cover reactive chemicals. The CSB has been calling for the expansion of these programs to cover reactive chemicals since 2002, and the West, Texas, explosion has given the recommendation increased urgency. The White House Executive Order on Chemical Safety and Security also calls for a review of the PSM and RMP lists and recommendations for additional chemicals to be added. Go to to view the video safety message.
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Security Update: DHS ending Voluntary Chemical Assessment Tool
The U.S. Department of Homeland Security has announced that as of Sept. 15, 2013, the agency will no longer support the Voluntary Chemical Assessment Tool. DHS historically developed multiple sector-specific assessment tools, databases, and systems for critical infrastructure partners, including VCAT. The agency is transitioning from the current approach of multiple assessment tools to an integrated single assessment methodology to provide the critical infrastructure community with an integrated capability and consistent methodology for assessing risk. Another reason for the change is that usage of the multiple tools was relatively small compared to the investment required by DHS to develop and maintain them. In addition, DHS is seeking integrated capability to provide for consistent and objective data, mitigate redundancy and duplication, and allow for comparative analysis. VCAT will still exist, but only as a proprietary tool owned by ALION Sciences.
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State Regulatory Update: California Department of Toxic Substances Control begins 15-day comment period on Safer Consumer Products Regulations
On Friday afternoon, the California Department of Toxic Substances Control posted a notice that the department has revised the text of the Safer Consumer Products Regulations to implement the state's Green Chemistry initiative. The proposed regulations establish the process for identifying and prioritizing consumer products and their chemicals of concern, evaluating their alternatives and imposing regulatory responses, by adding chapter 55 of division 4.5 of Title 22, California Code of Regulations, and amending the Table of Contents. A written comment period for these latest revisions, which primarily address trade secrets, is now underway and will close in less than two weeks, at 5 p.m. Monday, Sept. 9. Following this comment period, the DTSC is expected to put the new regulations fully into force as of Oct. 1, 2013. Click here for a copy of the notice and the latest version of the regulations.
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Post-West study finds US chemical safety data wrong 90 percent of time
The Dallas Morning News
Even the best national data on chemical accidents is wrong 9 times out of 10. A Dallas Morning News analysis of more than 750,000 federal records found pervasive inaccuracies and holes in data on chemical accidents, such as the one in West that killed 15 people and injured more than 300. In fact, no one at any level of government knows how often serious chemical accidents occur each year in the United States. And there is no plan in place for federal agencies to gather more accurate information.
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FMCSA posts new carrier registration system
The Federal Motor Carrier Safety Administration has completed a years-long effort to streamline and simplify its registration system. In a notice posted Aug. 23, the agency spelled out the changes that will take effect when the new regime kicks in a little over two years from now. Besides consolidating four separate identification systems into one, the new Unified Registration System takes the registration process online and improves public access to carrier data. One of the agency's goals is to keep better track of "chameleon" carriers that evade enforcement by re-registering under a different identity.
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Lawmakers to press DOT to complete delayed HOS study
Land Line
Four lawmakers have penned a letter that, among other things, calls on the DOT Secretary to provide a date when FMCSA will complete a field study on the recent changes to hours of service. Lawmakers Rep. Richard Hanna, R-N.Y.; Rep. Tom Rice, R-S.C.; Rep. Trey Radel, R-Fla.; and Rep. Todd Rokita, R-Ind., are contacting their fellow lawmakers in Congress to sign onto the letter. The letter states that Moving Ahead for Progress in the 21st Century Act — MAP-21, the current highway law — directed the Federal Motor Carrier Safety Administration to conduct a statistically valid field study by March 31, 2013.
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FMCSA's enforcement authority growth spurt
In a "Smart session" held in conjunction with the Great American Trucking Show in Dallas Aug. 22, Compliance Safety Systems head David Saunders connected the dots between provisions written into the Moving Ahead for Progress in the 21st Century highway bill and the Federal Motor Carrier Safety Administration's broadening authority to take action to shut down what it deems as high-risk carriers.
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Looking for similar articles? Search here, keyword "ENFORCEMENT AUTHORITY"

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Fleet group questions NTSB straight truck safety recommendations
The NAFA Fleet Management Association has raised concerns about straight truck safety recommendations issued earlier this summer by the National Transportation Safety Board. The group says the board made no distinction between vehicles in a managed fleet versus those operated by the casual driver or within unmanaged fleets.
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Opinion: CSA data too flawed to be made public
Transport Topics
The migration to CSA data usage can be partially attributed to shippers' heightened vicarious liability concerns, as detailed in a recent American Transportation Research Institute report. ATRI's survey found that nearly two-thirds of shipper respondents fear being held vicariously liable in the event of an accident. Shippers are so concerned that 41 percent of those surveyed request access to all BASIC scores, even those shielded from public view.
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Back to basics: Lift truck operator training is mandatory and necessary
Material Handling & Logistics
It has been a federal law since 1969 that all operators be trained and evaluated prior to operating a lift truck. In 1999, the Occupational Safety and Health Administration updated its requirements to include specific subject areas that must be covered during training. And although these training procedures are federally mandated, the responsibility of ensuring each employee is trained is that of the employer and often is undertaken by the facility or safety manager.
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Are you a chemophobe?
The Boston Globe
Most of us are far more concerned about pesticides than food poisoning. Misperceptions about the dangers caused by the use of man-made chemicals in our environment have caused what Gordon Gribble, a professor of organic chemistry at Dartmouth, calls a "colossal mess."
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Chemicals and machinery exports to gain big as US become cost-competitive
The Financial
Some of the biggest gains in U.S. exports due to a widening U.S. production-cost advantage over leading European nations and Japan are likely to be seen in chemicals, machinery and transportation equipment, according to a new report by The Boston Consulting Group. The report updates and elaborates on BCG research released last September, in which the firm predicted that higher exports as well as reshoring from China and elsewhere could add 2.5 million to 5 million manufacturing and related service jobs by the end of this decade. That, in turn, could reduce the unemployment rate, currently 7.4 percent, by as much as 2 to 3 percentage points.
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New process targets valuable green chemicals
Milk cartons, plastic bags, car seats… the list of items made from petroleum extends far beyond fuel, increasing our reliance on limited fossil resources. That's why researchers in the Great Lakes Bioenergy Research Center are developing "green" compounds that can be used to manufacture everyday products in addition to renewable replacements for oil and gasoline.
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Hyperloop and the future of air/sea shipping
Justin Stoltzfus
After many years of Americans anxiously awaiting the same kind of high-speed rail systems already in production in countries like Germany and Japan, a revolutionary transportation idea is finally looming large on the tech radar. The Internet is buzzing with reports of Tesla Motors co-founder Elon Musk's plan for a new kind of tube-based rail transport — the Hyperloop. The technological specifics of Musk plan are, probably intentionally, vague. But even without linking Hyperloop to specific applications, it's clear that the technology would lead to a lot of changes in many industries.
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Missed last week's issue? See which articles your colleagues read most.

    OSHA: Regulatory changes coming to fix 'gaps' in PSM standard (Arent Fox LLP via Lexology)
OSHA withdraws proposed rule to amend on-site consultation program (NACD)
Logistics is now a verb (Cargo Business News)

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

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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