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IN THIS ISSUE ...

Top News
  • Court Grants NACD Motion to Intervene in Litigation Against OSHA PSM Expansion
  • Advocacy Efforts on Responsible Distribution Begin in Ohio
  • Senators Send Letter to OSHA Requesting Withdrawal of PSM Memorandums
  • NACD Participates in EPA RMP Small Business Advocacy Review Panel Meeting
  • NACD Signs onto CA Chamber Letter on Prop 65
  • Last Chance to Register for Thursday Webinar with EPA on TSCA Chemical Data Reporting


  • Regulatory Updates
  • DOT: Entry-level Driver Training Rule Takes a Step Forward, Safety Fitness Determination Coming This Month
  • EPA Requires Cupertino, California, Cement Company to Report Toxic Chemicals, Commit to Environmental Projects
  • EPA Proposes New Protections for International Hazardous Waste Shipments
  • EPA Finalizes Rule to Modernize Clean Water Act Reporting
  • FMCSA's Darling Says E-log Rule, CSA Scoring Changes atop Agency's 2015 Priorities
  • On the Cusp of TSCA Reform, States Continue to Regulate Chemicals
  • EPA and DOJ Announce $5.6 Million Settlement with Bayer CropScience to Resolve RMP Violations in West Virginia


  • Legislative News
  • Tulsa World Editorial: Time to Reform Federal Toxic Substances Law
  • GAO to Congress: Extend Deadline for Positive Train Control
  • US Chemical Distribution Threatened by Rail Safety Crisis
  • TPP Countries Eye Potential Chief Negotiators' Meeting as Elections Loom for Some





  • TOP NEWS


    Court Grants NACD Motion to Intervene in Litigation Against OSHA PSM Expansion
    Last week, the U.S. Court of Appeals for the District of Columbia Circuit granted NACD’s motion to join the American Chemistry Council’s (ACC) petition for review of the Occupational Safety and Health Administration’s (OSHA) June 5, 2015, memorandum "Process Safety Management of Highly Hazardous Chemicals and Covered Concentrations of Listed Appendix A Chemicals." NACD is working closely with ACC and will file a statement of issues with the Court next week.
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    Advocacy Efforts on Responsible Distribution Begin in Ohio
    NACD
    Today, NACD members in Ohio will begin a legislative initiative to educate state representatives on the benefits of Responsible Distribution. The group will visit the state capitol on Sept. 29-30. The meetings are part of a larger effort to obtain official recognition of Responsible Distribution at the state level. These efforts piggyback a successful campaign in Indiana, which resulted in a resolution acknowledging that chemical distributors verified under NACD Responsible Distribution® meet the mission of the state’s Environmental Stewardship Program.
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    SPONSORED CONTENT


    Senators Send Letter to OSHA Requesting Withdrawal of PSM Memorandums
    NACD
    On Monday, Sept. 28, U.S. Senators Lankford (R-OK), Alexander (R-TN), Daines (R-MT), and Ernst (R-IA) sent a letter to the U.S. Occupational Safety and Health Administration (OSHA) requesting a withdrawal of three memorandums published this summer making changes to the Process Safety Management (PSM) program. In the letter, the Senators state, "We can agree that a commitment to workplace safety is a high priority, but we are troubled by the process in which OSHA has altered its longstanding interpretations in favor of more expansive, binding, and burdensome guidance documents without inviting public comment. We therefore ask that OSHA withdraw these memoranda, and pursue these policies only through the rulemaking process."
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    NACD Participates in EPA RMP Small Business Advocacy Review Panel Meeting
    Last week, NACD participated in the first meeting of the Small Business Advocacy Review Panel established by the U.S. Environmental Protection Agency (EPA) to collect input on potential changes to the Risk Management Program (RMP) regulation. NACD will follow up with initial written comments to EPA next week. NACD needs member input on how these proposed changes would impact your operations. If you are interested in providing this information, please consider joining our Regulatory Affairs Facility Process Safety Subcommittee.
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    NACD Signs onto CA Chamber Letter on Prop 65
    NACD
    On Sept. 21, NACD along with over 170 organizations signed onto the California Chamber of Commerce’s letter to the Office of Environment Health Hazard Assessment (OEHHA). The letter highlighted two key points: (1) OEHHA should provide businesses with notice prior to posting product- or company-specific information on the website and (2) the lead agency website regulation exceeds OEHHA’s statutory authority. Neither Proposition 65 nor the Administrative Procedures Act confers substantive authority to OEHHA to require businesses to provide it with information related to their products. To read the entire letter, visit NACD’s website.
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    Last Chance to Register for Thursday Webinar with EPA on TSCA Chemical Data Reporting
    There is still time to register for this Thursday’s webinar with the U.S. Environmental Protection Agency (EPA) – 2016 Chemical Data Reporting under the Toxic Substances Control Act – What You Need to Know. If your company imports chemicals, you must file a Chemical Data Report (CDR) next year with data from 2012, 2013, 2014, and 2015. Reporting omissions and errors may result in substantial EPA fines. Thursday’s webinar will help you to prepare for the CDR reporting and avoid these penalties. NACD will host a follow-up webinar with EPA next Thursday, October 8, EPA ChemView – How to Obtain Information on Chemicals Regulated under the Toxic Substances Control Act. Both webinars will take place at Noon EDT.
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    REGULATORY UPDATES


    DOT: Entry-level Driver Training Rule Takes a Step Forward, Safety Fitness Determination Coming This Month
    Overdrive
    A federal rule proposal to implement minimum driver training and certification standards has moved a step closer to publication, according to a report published by the U.S. DOT recently. The rule was sent from the Federal Motor Carrier Safety Administration to the DOT’s main office for its approval on Sept. 1, according to the report.
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    EPA Requires Cupertino, California, Cement Company to Report Toxic Chemicals, Commit to Environmental Projects
    EPA
    The U.S. Environmental Protection Agency announced a settlement with Lehigh Southwest Cement Company for failing to properly report releases of toxic chemicals at its Cupertino, California, plant. The company is required to pay a $47,600 penalty and spend $144,250 to fund projects that support local emergency response and limit future releases from the plant.
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      PRODUCT SHOWCASES
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    EPA Proposes New Protections for International Hazardous Waste Shipments
    EPA
    The U.S. Environmental Protection Agency (EPA) is proposing enhancements to the oversight of hazardous waste shipments to help ensure safe management of imported and exported hazardous wastes. "When hazardous waste is shipped across multiple countries there can be a higher risk of mismanagement from unsafe transport, recycling and disposal practices," said Mathy Stanislaus, assistant administrator of EPA’s Office of Solid Waste and Emergency Response. "This proposal will provide greater protection to communities and the environment through increased transparency, better data sharing and more efficient compliance monitoring."
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    EPA Finalizes Rule to Modernize Clean Water Act Reporting
    EPA
    On Sept. 24, the U.S. Environmental Protection Agency (EPA) finalized a rule to modernize Clean Water Act reporting for municipalities, industries, and other facilities. The final rule will require regulated entities and state and federal regulators to use existing, available information technology to electronically report data required by the National Pollutant Discharge Elimination System (NPDES) program instead of filing written paper reports.
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    PRODUCT SHOWCASE
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    FMCSA's Darling Says E-log Rule, CSA Scoring Changes atop Agency's 2015 Priorities
    Overdrive
    In an internal memo circulated to FMCSA employees recently, the agency’s Acting Administrator Scott Darling laid out the regulator’s rest-of-year priorities, highlighted by small changes to CSA and publishing a rule to mandate electronic logging devices. Darling said the agency will be changing the algorithm used in the Safety Measurement System carrier percentile rankings, the key component of the CSA program.
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    On the Cusp of TSCA Reform, States Continue to Regulate Chemicals
    Beveridge & Diamond PC via The National Law Review
    As legislation to reform the Toxic Substances Control Act nears passage in Congress, states continue to enact and implement a diverse array of their own requirements affecting the use of chemicals in products sold within their borders. Some state requirements have a narrow scope limited to particular chemicals or products, while others institute comprehensive regulatory frameworks that govern the use of many chemicals. States continue to adopt new requirements, notwithstanding the expected passage of TSCA legislation that aims to strengthen the federal program for reviewing and regulating chemicals as appropriate.
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    EPA and DOJ Announce $5.6 Million Settlement with Bayer CropScience to Resolve RMP Violations in West Virginia
    EPA
    The U.S. Environmental Protection Agency (EPA) and U.S. Department of Justice (DOJ) recently announced a $5.6 million settlement with Bayer CropScience LP to resolve violations of federal chemical accident prevention laws at its facility in Institute, West Virginia, where an explosion killed two people in 2008. Under the settlement, Bayer CropScience committed to spending $4.23 million to improve emergency preparedness and response in Institute and protect the Kanawha River, pay a $975,000 penalty, and spend approximately $452,000 to implement a series of measures to improve safety at chemical storage facilities across the United States.
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    Missed an issue of NACD's News Brief? Click here to visit the News Brief archive site.


    LEGISLATIVE NEWS


    Tulsa World Editorial: Time to Reform Federal Toxic Substances Law
    Tulsa World
    The nation’s 40-year-old law regulating toxic substances is badly in need of change. The Environmental Protection Agency essentially gave up on trying to enforce the law in 1991, after a federal court upended agency efforts to issue new limits on asbestos. In 2013, The New York Times reported that of roughly 85,000 chemicals registered for use in the United States, only 200 had been tested by the EPA and fewer than a dozen had been restricted.
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    GAO to Congress: Extend Deadline for Positive Train Control
    Safety + Health
    Congress should grant the Federal Railroad Administration the authority to extend the Dec. 31 deadline for implementing Positive Train Control technology, according to a report from the Government Accountability Office.
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    US Chemical Distribution Threatened by Rail Safety Crisis
    Chemistry World
    Chemical transport by train across the US may end on much of the nation’s rail network in January 2016, due to delays adopting new rail safety technology. The Association of American Railroads, the Federal Railroad Administration and others have said that rail firms won’t be able to meet the deadline to install safety features to prevent collisions, and now the American Chemistry Council is sounding the alarm.
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    TPP Countries Eye Potential Chief Negotiators' Meeting as Elections Loom for Some
    ICTSD
    The 12 countries negotiating the Trans-Pacific Partnership agreement are reportedly considering holding high-level talks next week in the U.S. city of Atlanta, as the impending elections in some key players' countries threaten to complicate the long-term timeline for the trade deal.
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    TRENDING ARTICLES
    Missed last week's issue? See which articles your colleagues read most.

        NACD Regulatory Webinars with EPA Begin Next Week (NACD)
    Mathew Brainerd: Aging Federal Law Poisons Chemical Industry (Tulsa World)
    EPA Issues a Final Rule for Two Chemical Substances (NACD)
    Electronic Logging Device Mandate Delayed, Still Could Come Soon; Speed Limiter Rule Expected Soon (Overdrive)

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

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