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NACD Regulatory Resources: Last chance to register for Thursday's webinar on White House Chemical Safety and Security Executive Order
There is still time for you to register for NACD's upcoming webinar on the White House Executive Order — Improving Chemical Facility Safety and Security and its impact on NACD members. The webinar will be held at 12 noon Eastern time this Thursday, Sept. 5. During Thursday's webinar, 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.
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Regulatory Update: EPA's final rule to require electronic TRI reporting
Last week, the U.S. Environmental Protection Agency published a final rule requiring facilities to report all non-trade secret Toxics Release Inventory data to the agency using the TRI-MEweb online reporting application. The rule also requires facilities to electronically submit any revisions or withdrawals of previously-submitted TRI reporting forms. Facilities may revise or withdraw TRI forms going back to reporting year 1991. EPA is requiring electronic reporting because, according to the agency, widespread use of TRI-MEweb improves the quality and accuracy of TRI data and allows EPA to get the data to the public faster. The agency says that the majority of TRI facilities already submit their TRI forms electronically using TRI-MEweb. The final rule is effective Jan. 21, 2014. Once the rule becomes effective, facilities submitting non-trade-secret TRI reporting forms for the 2013 TRI reporting year or prior reporting years must report electronically. The TRI reports for 2013 are due on July 1, 2014. Click here for a copy of the final rule.
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Regulatory Update: Customs sets test, enforcement for residue manifesting
Last week, U.S. Customs and Border Protection announced its long-awaited plan to conduct a test concerning the manifesting and entry of residual cargo found in containers arriving as Instruments of International Traffic. CBP also announced it will begin enforcement of HQ Ruling H026715, dated June 19, 2009, when the test begins. In HQ Ruling H026715, CBP held that in order to ensure the safety and security of the transportation of IIT containers and the CBP Officers who may examine or work in close proximity to them, IIT containers with residual cargo should not be manifested as empty consistent with the advance cargo information reporting requirements authorized pursuant to 19 U.S.C. 2071 note. The modified ruling, HQ H026715, requires that residue within containers be "classified, entered and manifested." NACD and several other trade associations have expressed concerns to CBP that the requirement to manifest and enter residue is overly burdensome.
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SPONSORED CONTENT


Regulatory Update: Affordable Care Act new employer obligation takes effect Oct. 1
The Affordable Care Act's requirement that employers notify their employees of the health coverage options available to them in the new Health Insurance Marketplace (Exchanges) goes into effect on Oct. 1, 2013. If you are an employer covered by the Fair Labor Standards Act, this new obligation applies to you. To help companies understand exactly what is required from them, the National Association of Wholesaler-Distributors has prepared and made available a new Regulatory Alert, "Employer Health Coverage Notification Requirement Set to Go Into Effect October 1, 2013," which is available at www.naw.org/files/Alert.pdf.
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Regulatory Update: Surface Transportation Board updates fees
The Surface Transportation Board has updated the fees that the public must pay to file certain cases and pleadings with the Board. The update will increase 28 fees by $100 or less, increase 47 fees by more than $100, and keep the remaining 50 fees at their existing level. The new fees are effective as of Sept. 27, 2013. For a copy of the notice, including a complete list of the new fee amounts, click here.
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Regulatory Update: PHMSA deadline nears to volunteer for HM-ACCESS test
The Department of Transportation's Pipeline and Hazardous Materials Administration has issued a reminder of the Sept. 17 deadline for interested parties to volunteer to participate in the Hazardous Materials Automated Cargo Communication for Efficient and Safe Shipment pilot test. This pilot program will test the feasibility of using paperless HM communication systems (e-systems) to communicate the shipping paper information required under 49 CFR 172, Subpart C.
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State Regulatory Update: California Office of Administrative Law approves Safer Consumer Products regulations
Last week, the California Office of Administrative Law approved the Safer Consumer Products regulations and filed them with the Secretary of State. This action allows the regulations to go into effect as planned on Oct. 1. The SCP regulations require manufacturers and other entities in the supply chain to seek safer alternatives to chemical ingredients in widely used products. The regulations will have a major impact in California and on all companies who sell products in that state. For the latest information, including a copy of the regulations, go to www.dtsc.ca.gov/SCPRegulations.cfm.
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REGULATORY TOPICS


EPA, OSHA and ATF: Lessons learned about safe storage, handling and management of ammonium nitrate
Environmental Expert
The U.S. Environmental Protection Agency, the Occupational Safety and Health Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a chemical advisory that provides information on the hazards of ammonium nitrate storage, handling and management. This action supports the goals of President Barack Obama's August 2013 executive order on "Improving Chemical Facility Safety and Security." The advisory provides lessons learned for facility owners and operators, emergency planners and first responders from recent incidents, including the explosion in West, Texas, involving AN in order to prevent similar incidents. "Understanding and minimizing the hazards posed by solid ammonium nitrate used in fertilizers is a key component of this advisory," said Mathy Stanislaus, assistant administrator for EPA's Office of Solid Waste and Emergency Response. "In addition, the community emergency planning and response information in this document provides a valuable tool that will help protect workers, first responders and communities throughout the country."
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CSB, EPA spar over Chevron investigation
Claims Journal
The federal government is fighting with itself over a massive fire at a Chevron refinery in California that sent 15,000 people to hospitals with respiratory ailments. In one corner is the U.S. Chemical Safety and Hazard Investigation Board, which conducted 119 interviews in an effort to find out what caused last year's accident and how to prevent it from happening again. In the other is the Environmental Protection Agency, which is conducting a criminal investigation and wants the interviews to help it determine who's responsible.
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CSA: Time to cover up the drawing board
Commercial Carrier Journal
We're coming up on the third anniversary of CSA 2010, yet the Federal Motor Carrier Safety Administration still insists on publishing carrier scores that have little to do with crash risk. Many in trucking want to know why the government would mislead the public on something as essential as carrier safety.
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INDUSTRY TOPICS


The effects of the new hours of service
Truckinginfo
Early experience with the hours-of-service changes bear out expectations that 24-7 truckload carriers will come under pressure to add personnel, change service levels or both. The changes that went into effect July 1 require the 34-hour restart to include two periods between 1 a.m. and 5 a.m., and limit use of the restart to once a week. They also require drivers to take a 30-minute break in an 8-hour period. It's too soon to gauge the full impact, but the changes in the 34-hour restart appear to be having the impact that both trucking interests and the Federal Motor Carrier Safety Administration expected.
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DOT awards $20 million in hazmat grants
Fire Chief
Transportation Secretary Anthony Foxx has announced grants totaling $20.1 million to states, territories and Native American tribes for planning and training to improve the nation's response to hazmat transportation incidents. Since 1993, more than 2.8 million emergency responders across the country have received training assistance using Hazardous Materials Emergency Preparedness grants. Grants from the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration are funded by annual user fees paid by shippers and carriers of certain hazardous material.
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Pipeline vs. rail: Quebec oil train crash reinvigorates transport debate
Lucy Wallwork
The tragic derailment and explosion of an oil train in Quebec recently has reinvigorated the debate about transport of the U.S. and Canada's new-found fossil fuel resources, and is destined to be exploited by all sides on the crude-by-rail versus crude-by-pipeline argument. With production ramping up at a heavy pace, the oil from the North has to arrive at East Coast refineries one way or another, and infrastructure is struggling to keep up with the pace. But what exactly are the costs, risks and benefits involved when we compare the two options?
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Efforts continue to unionize drayage drivers
Supply Chain Digest
After a multi-year legal battle that the American Trucking Associations finally mostly won earlier this year, against new rules by the port of LA many saw as a backdoor move to drive unionization among port drayage drivers and beyond, there is new labor action by some of those drivers to become unionized. Some 15 drayage drivers — truckers who move containers from the ports to transload facilities or rail yards — who work for Green Fleet Systems went on a 24-hour strike leading up to a rally, alleging their employer is trying to thwart their efforts to unionize.
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California issues new recommendations to improve refinery worker safety
Hydrocarbon Processing
California recently released a draft report outlining measures to improve public and worker safety at and near the state's petroleum refineries. The report, titled "Improving Public and Worker Safety at Oil Refineries," is a product of a 13-agency task group formed after the August 2012 fire at Chevron's Contra Costa County refinery in Richmond, Calif. The document calls for stricter oversight of oil and chemical facilities, strengthening of emergency preparedness programs and other measures to better protect refinery workers and the public.
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OPERATIONS-MANAGEMENT-LEADERSHIP


Multitasking: An annual $450 billion productivity drain?
Material Handling & Logistics
Multitasking, a practice most app-minded consumers like to brag about, actually costs the global economy more than $450 billion in lost productivity, according to a report from Realization, providers of flow-based planning and execution systems. The report, "The Effects of Multitasking on Organizations," states that people who attempt to multitask suffer a wide array of negative effects, from wasting 40 percent of their productive time switching tasks to experiencing a heightened susceptibility to distraction.
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TRENDING ARTICLES
Missed last week's issue? See which articles your colleagues read most.

    Regulatory Resources: Updated chemical distributor regulatory checklist now available (NACD)
Are you a chemophobe? (The Boston Globe)
Post-West study finds US chemical safety data wrong 90 percent of time (The Dallas Morning News)

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


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NACD NewsBrief
Colby Horton, Executive 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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