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Regulatory Update: CFATS program extended through January
During the recent government shutdown, all Department of Homeland Security employees who work on the Chemical Facility Anti-Terrorism Standards program, including inspectors and policy analysts, were furloughed. The CFATS program has now been reauthorized and funded as part of the law enacted last week to fund the federal government through Jan. 15, 2014. CFATS employees have returned to work, and site security plan reviews and inspections have resumed. The CFATS program had lost not only its funding because of the shutdown, but also its authorization to operate. The 2006 law that authorized the DHS to create CFATS was an appropriations bill that did not go through the normal legislative process. For this reason, a three-year sunset provision was included with the intention of sending CFATS renewal through the normal congressional committee and legislative process in the future. Unfortunately, this has not happened, and CFATS authority has remained dependent on annual or shorter-term funding bills. NACD has consistently advocated for a long-term extension of CFATS in order to provide regulatory certainty to facilities who are making security investments and to DHS.
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Regulatory Update: Jeh Johnson nominated as next Homeland Security head
Last week, President Barack Obama nominated Jeh C. Johnson, former general counsel of the U.S. Department of Defense, to become the next Secretary of Homeland Security. Johnson would replace former Homeland Security Secretary Janet Napolitano, who resigned during the summer to accept a new position as head of the University of California system. Johnson has a legal background, beginning as an Assistant U.S. Attorney in the Southern District of New York and Air Force general counsel under President Bill Clinton. He went on to become a successful trial lawyer at a New York City firm. Johnson was one of the earliest supporters of the Obama presidential campaign, serving as a fundraiser and senior foreign policy adviser. The president nominated Johnson to serve as Defense Department general counsel on his first inauguration day in 2009, and the Senate quickly confirmed him. With his background at the Defense Department, it is anticipated that Johnson will increase the Department of Homeland Security's already substantial focus on cybersecurity. The Senate Homeland Security and Governmental Affairs Committee has not yet announced a confirmation hearing for Johnson.
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Regulatory Enforcement Update: EPA fines company $257,167 for RMP and EPCRA violations
The U.S. Environmental Protection Agency announced last week that Dyno Nobel Inc. has agreed to pay a $257,167 civil penalty to settle alleged violations of the Clean Air Act, Emergency Planning and Community Right-to-Know Act and the Comprehensive Environmental Response, Compensation, and Liability Act at its facilities in Louisiana and Carthage, Mo. Inspections at the two facilities in 2010 revealed the CAA violations and resulted in EPA Region 7 issuing an Administrative Compliance Order in January 2011. EPA found that neither of Dyno Nobel's Risk Management Programs, which require facilities to have processes to safely store and handle hazardous chemicals, fully complied with all regulatory requirements.
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Regulatory Update: EPA publishes SNURs on perfluorinated chemicals
The U.S Environmental Protection Agency has published a final rule in the Federal Register to amend a significant new use rule for perfluoroalkyl sulfonate chemical substances to add PFAS chemical substances that have completed the TSCA new chemical review process, but have not yet commenced production or import and to designate (for all listed PFAS chemical substances) processing as a significant new use. EPA is also finalizing a SNUR for long-chain perfluoroalkyl carboxylate chemical substances that designates manufacturing (including importing) and processing for use as part of carpets or for treating carpet (e.g., for use in the carpet aftercare market) as a significant new use, except for use of two chemical substances as a surfactant in carpet cleaning products. For this SNUR, EPA is also making an exemption inapplicable to persons who import or process the LCPAC chemical substances as part of an article. Persons subject to these SNURs will be required to notify EPA at least 90 days before commencing any significant new use. The required notifications will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. The SNURs will take effect Dec. 23, 2013. Click here for a copy of the final rule. Click here for an analysis of the SNURs from NACD Regulatory Preferred Provider Bergeson & Campbell.
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Sustainability Update: Target Corp. announces sustainable product standard focusing on chemicals
Target Corp. recently announced the Target Sustainable Product Standard. The new standard will use a tool to assess products on ingredients, transparency and environmental impact. This announcement comes a month after Wal-Mart announced that it will phase out 10 chemicals in favor of safer alternatives and disclose the chemicals in four product categories. The Target Sustainable Product Standard will begin with the personal care, beauty, household cleaning, and baby care product categories. Using the UL Transparency Platform, powered by GoodGuide, one of the world’s largest information sources on the health, environmental, and social impacts of consumer products, Target will collect information from vendors and evaluate products against the standard. Products will receive a score from 0 to 100 (100 being the top score). Target says that more sustainable products will be identified by the standard and rewarded with program incentives and that following the full-assortment assessment, the company will recommend best practices. Target plans to add other product categories, including cosmetics, to the program in the near future. Click here for more information on the elements of the program.
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HOS rule tops survey of trucking concerns
Transport Topics
Changes to the federal hours-of-service rule topped the 2013 survey of critical issues facing the North American trucking industry, the American Transportation Research Institute reported. HOS, which was the No. 2 concern each of the past two years, returned to the top of the list for the first time since 2007, the year a federal court vacated portions of the rule. HOS topped the government's Compliance, Safety, Accountability program, which slipped one spot on the list. Rounding out the top five concerns on the survey were the driver shortage, the economy and the pending electronic logging mandate.
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Carriers feeling pinch from HOS changes
Fleet Owner
Reforms made to hours of service regulations imposed back in July are one of several factors starting to affect the profitability of carriers, particularly those in the long-haul TL segment of the industry. "Cost pressures within the TL space appear to be rising more quickly than pricing increases," noted Benjamin Hartford, an analyst with Wall Street firm Robert W. Baird & Co., in a recent freight update, adding that productivity drags from the recently implemented HOS mandates, higher maintenance/equipment costs, and rising driver-related costs are all part of that cost-pressure mix.
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Law passes on sleep apnea tests for truckers
The City Wire
While Congress doesn't seem to agree on much these days, helping trucking firms keep highways safer did strike a harmonious chord during the recent government shutdown. H.R. 3095 — involving rules the trucking industry uses to screen and test for sleep apnea disorder among commercial truck drivers — was signed by President Barack Obama on Oct. 15. The legislation first introduced in mid-September sailed through the House and Senate in one month's time.
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Group recommends global ban on 2 chemicals
Bloomberg BNA
Scientists have agreed to recommend a global ban on the production and use of two toxic substances deemed to be persistent organic pollutants and to advance reviews that could lead to restrictions on two others but failed to take action on one widely used pesticide due to resistance from India. Wrapping up an Oct. 14-18 meeting in Rome, the Stockholm Convention's POPs Review Committee agreed to recommend the listing of hexachlorobutadiene and chlorinated naphthalenes under Annexes A and C of the convention.
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Some EPA rules coming under scrutiny of Supreme Court
One News Now
An energy policy analyst is disappointed that the Supreme Court is not hearing more about EPA global warming rules. What the Supreme Court has agreed to hear is whether the EPA has authority to regulate emissions of greenhouse gases as air pollutants from power plants and factories. It's part of President Barack Obama's push to cut down on emissions, amid the thinking by some that these emissions are responsible for global warming. Tom Borelli, Senior Fellow for FreedomWorks, says the case the Supreme Court will be considering is not as broad as it could be.
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OOIDA lawsuit seeks to head off 'fee proliferation'
Fleet Owner
A class action lawsuit launched by the Owner-Operator Independent Drivers Association against the New York State Department of Taxation and Finance seeks to head-off what some in the industry are calling "fee proliferation" — efforts by state and local governments to craft extra fees and/or taxes often targeted at truckers to generate additional revenues.
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Cybersecurity and trucking
Commercial Carrier Journal
What are the chances people in your office use the same password and username for all their log-ins, both personal and professional? What if a hacker stole the identify of one of your customers and logged into your website and found sensitive information on your shipments? Other information like freight contracts and legal documents pass through your email servers all the time. Are you really sure who is looking at them?
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What you can learn from data mining to help your fleet
Fleet managers can learn new things about their operations by analyzing everything from accidents to wait times. Operations managers at Averitt Express of Cookeville, Tenn., sat up and took notice when they learned a surprising fact after they began analyzing their driver retention data a few years ago.
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Analysts: Economy, trucking to improve in 2014
Transport Topics
Trucking and U.S. economic trends continue along a familiar path of slow, steady improvement that is likely to carry into next year, three industry experts said.
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Missed last week's issue? See which articles your colleagues read most.

    EPA to revise penalty reduction procedures for TSCA violations (NACD)
Survey: HOS compliance cutting driver wages by as much as 5.6 percent (DC Velocity)
Coalition report: Support for federal IST requirements on chemical facilities (NACD)

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Gulf Coast chemical industry bounces back
Allegheny Front via WITF
Standing beneath a tangle of pipes, ductwork and grated catwalks at BASF's massive ethylene unit in this small refining city on the Gulf Coast, Andy Miller pointed to a large metal box a few feet above his head. Inside, a fire burning at 2,000 degrees Fahrenheit produced an industrial-scale whine. "If you look up into this little peephole, you'll be able to see some of the firing," Miller said. The orange glow is just one sign of an historic transformation occurring in the U.S. chemical industry and stretching from Western Pennsylvania to the Texas coast.
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Compliance: Getting your staff to do what you want them to do
Harry J. Friedman
How many hours a week do you spend being your staff's compliance cop? Whether you are responsible for one employee or 100, noncompliance is often a supervisor's biggest nightmare. You wear enough hats as it is. Want to get rid of the cop's hat?
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