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Regulatory alert: EPA conducting TSCA audits on chemical distributors
The U.S Environmental Protection Agency has increasingly been conducting Toxic Substances Control Act audits on chemical distributors. Over the past six months, several NACD members in various parts on the country have received TSCA audits. Given EPA's increased focus on the chemical distribution industry, it is more important than ever for NACD members to be aware of TSCA obligations. To help members with TSCA compliance, NACD held a webinar in June: TSCA — More Than 'Toxic' Chemicals, More Than Manufacturing Regulations. During the webinar, Lynn Bergeson and Kathleen Roberts of NACD Environmental Regulatory Partner Bergeson & Campbell, P.C., provided an excellent overview of how TSCA applies to every type of chemical distributor and what companies need to do to comply with the TSCA regulations. In addition, Marc Maseman, President & CEO of NACD member Florida Chemical Supply, Inc., shared his experience with a recent EPA TSCA audit. The full webinar recording, slides and supplemental materials are available on the NACD members' only advocacy resources Web page at Please visit this page if you missed this valuable webinar or would like to review the material. Please note that you will need your NACD username and password to access the site.
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Regulatory Update: EPA issues Significant New Use Rules
On Wednesday, Sept. 11, the U.S. Environmental Protection Agency published in the Federal Register a significant new use rule for three chemical substances that were the subject of premanufacture notices and subject to a Toxic Substances Control Act Section 5(e) consent order issued by EPA. The SNUR applies to certain partially fluorinated alcohol substituted glycols. EPA previously approved the manufacture of the chemicals under conditions set forth in a consent order with the original manufacturer of these substances. The SNUR applies the conditions of the consent order to any other entity seeking to manufacture or import the chemicals. The SNUR requires persons who intend to manufacture (including import) or process any of these three chemical substances for an activity that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. The SNUR is effective Oct. 11. Click here for a copy of the final rule with the details.
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Regulatory Update: EPA issues revised SPCC guidance for inspectors
The U.S. Environmental Protection Agency has released a revised SPCC Guidance for Regional Inspectors to assist these inspectors in reviewing facilities' implementation of the Spill Prevention, Control and Countermeasure rule. The new guidance document is also available to owners and operators of facilities that may be subject to the SPCC rule. The guidance document is designed to provide a consistent national policy on several SPCC-related issues. EPA is holding webinars this week to brief stakeholders on the guidance. In addition to the revised SPCC guidance, EPA has published a Revised SPCC Bulk Storage Container Inspection Fact Sheet. For more information, including links to the revised SPCC Guidance, briefing webinar registration, the new fact sheet, and general information on the SPCC regulations, go to
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Regulatory Update: GAO issues report on wetlines to Congress
Last week, the Government Accountability Office issued its long-awaited wetlines study to Congress that was mandated under the Moving Ahead for Progress in the 21st Century Act in July 2012. The GAO found that the Pipeline and Hazardous Materials Safety Administration's incident data cannot be used to reliably identify risks from incidents involving collisions with wetlines under tank trailers. Further, the report indicates that incidents used in the rationalization of PHMSA's proposed 2011 wetlines rule (HM-213D) were not specifically identified within the agency's database and that the data itself also contained inaccuracies.
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Regulatory Update: FMCSA updates reference document on out-of-service criteria
On Friday, Sept. 13, the U.S Department of Transportation's Federal Motor Carrier Safety Administration published a final rule in the Federal Register amending its Hazardous Materials Safety Permit rules to update the current incorporation by reference of the "North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403." The rules currently reference the April 1, 2012, edition of the out-of-service criteria and through this final rule, FMCSA is incorporating the April 1, 2013, edition. The change is effective immediately, and the incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of Sept. 13, 2013. For a copy of the final rule with the changes, go to
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Regulatory Update: FDA's FAQs on Systems Recognition for import safety
The U.S. Food and Drug Administration has published a "Frequently Asked Questions" document that describes a new activity the agency has been developing and piloting over the past few years called Systems Recognition. While not a specific Food Safety Modernization Act provision, Systems Recognition is part of FDA's broader toolbox for import safety and is referenced in the recently-published Proposed Rule for Foreign Supplier Verification Programs under FSMA. FDA is accepting public comments on the Systems Recognition document.
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Regulatory Update: International Trade Commission announces roundtables on trade barriers for small entities
The United States International Trade Commission has announced the dates for a series of roundtables the agency will hold across the country with the assistance of the Small Business Administration. The USITC is seeking information for a report that will identify trade-related barriers that U.S. small and medium-sized enterprises perceive as disproportionately affecting their exports to the European Union.
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Official: EPA to consider guidance, regulations on inherently safer technologies
Bloomberg BNA
The Environmental Protection Agency will consider issuing guidance or regulations on the installation of inherently safer technologies at chemical facilities, according to a senior official. Mathy Stanislaus, the EPA assistant administrator for solid waste and emergency response, told the National Environmental Justice Advisory Council the agency will consider such measures as part of a broad discussion on how to improve chemical security.
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Legislation would prevent shortcuts in setting sleep apnea regulations
Fleet Owner
Trucking interests are applauding legislation introduced late last week that would prevent the Federal Motor Carrier Safety Administration from taking shortcuts in the process if they intend to set standards for screening and testing professional drivers for sleep apnea. Rep. Larry Bucshon, R-Ind., and Dan Lipinski, D-Ill., introduced legislation to ensure that any federal standards governing sleep apnea in truck and bus drivers would be through the conventional rulemaking process instead of guidance that would allow FMCSA to bring a sleep apnea screening rule more quickly.
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FMCSA allows 60-day phase-in for broker, freight forwarding requirements
The Trucker
The Federal Motor Carrier Safety Administration has announced guidance governing required registration to obtain broker or freight forwarder authority. The guidance was mandated in certain provisions of the Moving Ahead for Progress in the 21st Century Act, or MAP-21. Companies providing broker or freight forwarder services, including motor carriers, are required to obtain the appropriate operating authorities and, as of Oct. 1, are required to meet the new minimum financial responsibility requirements. FMCSA will be providing a 60-day phase-in period beginning Oct. 1 to allow the industry to complete all necessary filings.
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Missed last week's issue? See which articles your colleagues read most.

    Recording, slides from White House Executive Order webinar now available (NACD)
NACD's bi-annual survey: Industry compensation is growing (PR Newswire)
Taking the driver physical to the next level (Truckinginfo)

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

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Roadcheck inspection blitz puts 1 in 5 trucks out of service
Commercial Carrier Journal
Roadcheck 2013, the 72-hour inspection spree done annually by the Commercial Vehicle Safety Alliance, saw out-of-service rates bump up slightly from 2012's historically low numbers, but only slightly, as 24.1 percent of the 73,023 trucks and buses inspected were placed out of service. In 2012, 22.4 percent of the 74,072 vehicles inspected were placed out of service. Moreover, 4.3 percent of the 71,630 drivers inspected this year were placed out of service, compared to 3.9 percent last year.
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Attorney vs. attorney on crash accountability
The debate was civil and informed, but it underscored the deeply held convictions that divide trucking and safety advocacy interests over how the CSA safety enforcement system accounts for fault in crashes. On one side: Jeffrey Burns, an attorney specializing in plaintiff suits against trucking companies involved in fatal crashes. On the other: Ted Perryman, who specializes in defending trucking companies.
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Gearing up for Obamacare
Fleet Owner
It appears providers of health care plans for employees — including unions — are starting to get down to serious business about how they will cut the cost of delivering benefits in the face of the federal Affordable Care Act (aka Obamacare) provisions going into effect at the top of the year. A glaring example of how critical this issue is to plan providers and beneficiaries alike is exemplified by a major trucking labor story.
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Wal-Mart plans to phase out hazardous chemicals
USA Today
Prodded by health and environmental advocates, Wal-Mart Stores announced it will require suppliers to disclose and eventually phase out nearly 10 hazardous chemicals from the fragrances, cosmetics, household cleaners and personal care products at its stores. The nation's largest retailer said that, beginning in January, it would begin to monitor progress on reducing these chemicals and apply to its own brand of cleaning products the Environmental Protection Agency's Design for the Environment label, which identifies eco-friendly goods. It declined to name the targeted chemicals, saying it will take time to familiarize suppliers with the new policy.
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Group launches pilot framework for chemicals management
Outdoor Industry Association
If you think you can turn a blind eye to more proactive chemicals management in your supply chain and final products, think again. The good news is, the Chemicals Management Working Group — a joint collaborative effort of Outdoor Industry Association and the Sustainable Apparel Coalition — has a tool for you: The Chemicals Management Framework.
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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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