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National Tank Truck Carriers (NTTC)

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Regulatory Resources - December 5 Food Safety Modernization Act Webinar to Feature NACD Preferred Regulatory Provider and Member
On Thursday, December 5 at 12 noon Eastern time, NACD will host a webinar, Food Safety Modernization Act for Chemical Distributors – What You Need to Know. The Food Safety Modernization Act (FSMA), which was signed into law almost two years ago on January 4, 2011, is the most significant expansion of food safety requirements and the Food and Drug Administration’s (FDA) food safety authority in over 70 years. The FSMA imposes new requirements on entities that manufacture, process, pack, transport, distribute, receive or hold food and food products. These requirements are applicable to distributors whose chemicals could be used in food or food packaging. During the December 5 webinar, T.H. Lyda, Esq. and Edwin Palmer, Esq. of Burns White LLC, one of NACD’s Regulatory Compliance Preferred Providers, will provide an overview of the FSMA; discuss the law’s regulatory requirements, particularly for chemical distributors; and review known and anticipated timelines for implementation and compliance.
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Regulatory Update: Registration now open for Nov. 19 session on Chemical Safety and Security Executive Order
Registration is now available for the Nov. 19 listening session on President Barrack Obama's Executive Order 13650 — Improving Chemical Facility Safety and Security to take place in Springfield, Ill. Click here to register. Other sessions will be held Nov. 15 in Washington, D.C.; Dec. 11 in Orlando, Fla.; Jan. 7 in California; and during the week of Jan. 20 in Houston, TX. In addition, the Working Group will host a webinar on Dec. 16. The session that had been scheduled for Dec. 4 in Hamilton, N.J., has been cancelled. NACD members are strongly encouraged to participate in these listening sessions.
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Regulatory Update: NACD joins letter to acting DHS Secretary requesting delay of residual manifesting
Last week, NACD Interim President Kurt McMillan signed a letter to Acting Department of Homeland Security Secretary Rand Beers asking for a delay in a U.S. Customs and Border Protection plan to conduct a test and begin enforcing a ruling requiring the manifesting and entry of residual cargo found in containers arriving as Instruments of International Traffic. In 2009, CBP published a ruling to establish the new manifesting requirement for residue. NACD is a member of a coalition that has attempted to convince CBP that the rule is impractical and that the costs of it would far outweigh any benefit.
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Regulatory Update: OSHA issues proposed rule to require electronic reporting of injury and illness data
Last week, the Occupational Safety and Health Administration published a proposed rule in the Federal Register to amend its recordkeeping regulations. Specifically, OSHA is proposing to amend its current recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are currently required to keep under existing standards, Part 1904. One of the new proposed requirements is for establishments with more than 250 employees to electronically submit the records on a quarterly basis to OSHA. The agency is also proposing that establishments with 20 or more employees, in certain industries with high injury and illness rates, be required to submit electronically only their summary of work-related injuries and illnesses to OSHA once a year. OSHA plans to eventually publicly post the data online. Click here for more information on the proposal from OSHA. Click here for a copy of the proposed rule. Comments are due to OSHA by Feb. 6, 2014.
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Regulatory Update: PHMSA publishes Final Rule responding to administrative appeals and making corrections to the HMR
The U.S. Department of Transportation's Pipeline and Hazardous Materials Administration recently published a final rule in the Federal Register to correct editorial errors made in previous amendments to the Hazardous Materials Regulations and to amend certain requirements in response to administrative appeals submitted by persons affected by certain final rules. Among the amendments is an update to recordkeeping requirements specifying that companies transporting hazardous materials must make employee training records available upon request to an authorized official of any agency that has authority to enforce federal hazardous materials regulations. The final rule took effect immediately, and voluntary compliance is now authorized. Mandatory compliance begins Jan. 1, 2014. Click here for a copy of the final rule.
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Regulatory Update: EPA adds chemical to TRI reporting list
Last week, the U.S. Environmental Protection Agency published a final rule in the Federal Register to add ortho-nitrotoluene (o-nitrotoluene) to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 and section 6607 of the Pollution Prevention Act of 1990. EPA states that o-nitrotoluene has been classified by the National Toxicology Program in its 12th Report on Carcinogens as "reasonably anticipated to be a human carcinogen" and that the agency has determined that o-nitrotoluene meets the EPCRA section 313(d)(2)(B) criteria because it can reasonably be anticipated to cause cancer in humans. The final rule takes effect Nov. 29, 2013, and will apply for the Toxics Release Inventory reporting year beginning Jan. 1, 2014. The first reports with the addition of o-nitrotoluene will be due July 1, 2015. Click here for a copy of the final rule.
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Regulatory Update: EPA extends general duty clause overreach to RCRA
NACD has learned that the U.S. Environmental Protection Agency has begun to rely on the Resource Conservation and Recovery Act "general duty" rule in its enforcement efforts. This rule at 40 CFR §264.31 and §265.31 says, "Facilities must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment." Under this enforcement policy, where there has been a release of a hazardous waste or hazardous waste constituent, EPA could allege that the facility was obviously not properly designed, constructed or maintained, and therefore, it violated this rule. EPA seems inclined to rely on the "general duty" rule to issue notices of violations when there has been a release but no other more specific violation of RCRA. The rule applies to both permitted and less-than-90-day generator facilities, so it can be used broadly in enforcement actions. This is a troubling development as EPA has in recent years increased its use of the Clean Air Act General Duty Clause to issue notices of violation to facilities. For more information on EPA enforcement, click here (NACD member password needed), and scroll down to EPA Enforcement.
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Regulatory Update: EPA adjusts civil monetary penalties for inflation
Last week, the U.S. Environmental Protection Agency published a final rule in the Federal Register to adjust for inflation certain statutory civil monetary penalties that may be assessed for violations of EPA-administered statutes and their implementing regulations. The Agency is required to review the civil monetary penalties under the statutes it administers at least once every four years and to adjust such penalties as necessary for inflation. The final rule contains a list of all civil monetary penalty authorities under EPA-administered statutes and the applicable statutory amounts, as adjusted for inflation, since 1996. Of particular interest, only 20 of 88 penalties are being adjusted. For example, Toxic Substances Control Act penalties are not scheduled to increase, nor are many Emergency Planning and Community Right-to-Know Act or Resource Conservation and Recovery Act penalties. The final rule will take effect Dec. 6, 2013. Click here for a copy of the rule.
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ACC boosts TSCA reform ahead of House hearing
A House Energy and Commerce Committee panel is meeting tomorrow to go over Senate legislation reforming the Toxic Substances Control Act — and the American Chemistry Council is giving the issue a signal boost. The group will release videos today featuring small business owners, including Inga Carus with NACD Member Carus Corporation, who say the 1976 law is obsolete and burdensome. Check out the videos here:
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CSA a 'whim,' 'abandonment of duty' by regulator, transport law expert says
Commercial Carrier Journal
Almost three years since its launch, Compliance, Safety, Accountability remains a source of confusion and contention for the American trucking industry. Indeed, the federal government's latest regulatory scheme was a popular topic of discussion at the latest gathering of carrier executives, the American Trucking Associations Management Conference and Exhibition.
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Improved usability or lipstick on a pig? FMCSA explains website changes
Commercial Carrier Journal
The Federal Motor Carrier Safety Administration is redesigning its portal to trucking company safety data, and wants carrier input before the changes go live next spring. So whether you're a fan of the Compliance Safety Accountability program and posting SMS data on the Internet, or whether you think any changes will just be layering a new shade of lipstick on the regulatory pig you have to kiss, you've got about 60 days to pass along your concerns.
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NTSB: FMCSA had bad actor bus, truck carriers on radar but failed to act, prevent fatal crashes
The Trucker
The National Transportation Safety Board has recommended an audit of the Federal Motor Carrier Safety Administration's oversight processes in light of four deadly crashes that the NTSB investigated, saying the accidents might have been prevented if the FMCSA had not overlooked operational and equipment deficiencies involving the carriers during compliance reviews.
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Time, money savings associated with DVIR proposal questioned
Fleet Owner
A proposed elimination of the required driver vehicle inspection report when no defect in the commercial vehicle is found that day won't save the industry as much money as the Federal Motor Carrier Safety Administration thinks, according to the American Trucking Associations. And if a motor carrier is operating in Canada, the relief might not exist at all.
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FTR: Regulatory initiatives remain biggest headwind for trucking
Fleet Owner
Decent U.S. gross domestic product growth of 2.8 percent in the third quarter, a 3 percent overall rise in freight volumes this year, minimal increases in trucking costs and three years of relatively stable — though high — diesel fuel prices may be all outweighed by the impact of a series of regulatory efforts should they all come to pass in the near future. That's the conclusion of consultants with FTR Transportation Intelligence.
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Missed last week's issue? See which articles your colleagues read most.

    HazCom2012 training deadline Dec. 1 — Less than 1 month away (NACD)
November is Security and Resilience Month (NACD)
NACD members encouraged to participate in listening sessions on Chemical Safety and Security Executive Order (NACD)

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EPA settles air quality and improper chemical storage violations
Food Quality News
The U.S. Environmental Protection Agency has settled two cases relating to air quality and another for improper storage of chemicals in three separate incidents.
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Texas website tracks chemical storage
Following the deadly blast in West earlier this year, the Texas Fire Marshal's Office has launched a website to track ammonium nitrate storage sites.
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