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TOP NEWS

Register Today for NACD Webinar on Resource Conservation and Recovery Act
Registration is now available for NACD's next Regulatory Webinar — Understanding EPA's Resource Conservation and Recovery Act Regulations to Stay Compliant. The EPA and state inspectors regularly look for RCRA violations and often impose six-figure fines against facilities that fail to follow this complex regulation's requirements. Join NACD on Thursday, Dec. 4, from 12 noon to 1 p.m. EST to learn how to stay in compliance and avoid fines.
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NACD Asks EPA to Withdraw 'Waters of the U.S.' Proposal
Last week, NACD joined with 375 trade associations and chambers from 50 states representing a wide range of industries to voice strong concerns with the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers' flawed proposed rule to dramatically expand the scope of federal authority over water and land uses across the U.S. and called for the proposal to be withdrawn.
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NACD Writes Letter to OSHA Requesting Clarification on HazCom2012 Enforcement Policy
Last week, NACD, along with 10 other organizations, responded to OSHA's October letter denying a deadline extension for compliance with the Global Harmonization Standards (GHS) for chemicals. NACD requested further clarification and certainty in the language OSHA will use in its future GHS compliance directive. Particularly, industry urged OSHA to provide further guidance as to what constitutes "reasonable diligence," and "good faith," as well as what will be considered "reasonable efforts to comply with the June 1, 2015, deadline."

NACD will have the opportunity to provide input to OSHA as the agency drafts its enforcement guidance document, so please contact Jennifer Gibson at jgibson@nacd.com or Theresa Forbes at tforbes@nacd.com with your questions and concerns so we can communicate these to OSHA in upcoming discussions.

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SPONSORED CONTENT


NACD Requests Letter of Interpretation to OSHA on Pre-Printed GHS Labels with Red Diamonds
NACD members have expressed their concern with compliance regarding the Hazard Communication Standards using pre-printed labels. In order to comply with the regulations, companies have been using pre-printed labels with the red diamonds and a single black colored printer to fill in the hazard information. The regulations prohibit empty red frames, so black cover-up diamonds have been used to conceal the empty red frames on labels but have been cause for several concerns. To resolve this issue, NACD asked OSHA if it is acceptable to print "Intentionally Blank," "No GHS pictogram," or other similarly phrased text in black lettering inside empty red frames to indicate no additional hazards are associated with a chemical. To read NACD's letter to OSHA, visit http://www.nacd.com/regulatory/issues/ or click here.
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NACD Asks Illinois EPA to Clarify Manufacturer Definition
Generally NACD distributor members are not considered manufacturers. However, when regulations apply to activities such as repackaging or blending, distributors can be subject to the same regulatory requirements as manufacturers. The Illinois Environmental Protection Act defines manufacturer as any person that produces or produced certain chemicals offered for sale in Illinois. NACD has requested clarification on the definition of produces or produced, and whether distributors are intended to be exempt from proposed regulations under the Act. To read NACD's letter to the Illinois Environmental Protection Agency, click here.
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REGULATORY UPDATES


EPA Issues Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data
EPA is amending the list of chemical substances that are partially exempt from reporting additional information under the Chemical Data Reporting (CDR) rule.

With this direct final rule, the following 6 chemical substances are being exempted from reporting of the information described in 40 CFR 711.15(b)(4): D-Fructose; 1,2,3-propanetricarboxylic acid, 2-hydroxy-, sodium salt (1:3); 1,2,3-propanetricarboxylic acid, 2-hydroxy-; 1,2,3-propanetricarboxylic acid, 2- hydroxy-, potassium salt (1:3); corn, steep liquor; and soybean oil, epoxidized.

This direct final rule is effective Jan. 9, 2015, without further notice, unless EPA receives adverse comment on or before Dec. 10, 2014. To view the Federal Register notice click here.

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FMCSA Publishes New Educational Materials on CSA Program
TruckingInfo
The Federal Motor Carrier Safety Administration has published new information to answer common questions from trucking industry stakeholders about its Compliance, Safety and Accountability program, commonly known as CSA. Six new fact sheets are available as part of the agency's "Get Road Smart Q&A" series, along with updated industry and driver presentations.
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Sandberg Breaks Down Current, Pending FMCSA Regulations
Commercial Carrier Journal
Annette Sandberg, principal of TranSafe Consulting and former FMCSA administrator from 2003 to 2008, addressed what she sees as questionable moves by the agency regarding driver qualifications.
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Operator Sentenced to Probation for Conspiring to Violate Shutdown Orders
Commercial Carrier Journal
A Georgia man has been sentenced to a year of probation for conspiring to violate imminent hazard out-of-service orders (shutdown orders, essentially) issued by the Federal Motor Carrier Safety Administration.
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EPA Inspector General to Probe CSB Records
Safety + Health
After a difficult summer that included being grilled during a congressional hearing, the Chemical Safety Board will be subject to further scrutiny from the Environmental Protection Agency Office of Inspector General.
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LEGISLATIVE NEWS


Putting Chemical Security on the Strong Footing It Deserves
The Hill
Congressional action to provide multi-year CFATS authorization is essential. Currently, CFATS expires at the end of each fiscal year without renewal, generating uncertainty for both government and industry.
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House Affirms Commitment to Building Keystone XL
Transportation & Infrastructure Committee
Last Friday, the House approved a bill to move forward with construction of the Keystone XL pipeline project, to create thousands of American jobs and increase the nation's energy security.
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This Week in Congress: Keystone, Immigration
The Hill
The House will vote on legislation aimed at increasing transparency in the Obama administration's environmental rule-making. One measure slated for a vote would prevent the Environmental Protection Agency (EPA) from issuing regulations without including the scientific data to justify them.
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INDUSTRY TOPICS


Truckers Strike at L.A. Port for Workers Rights
The Huffington Post
More than 40 percent of the goods that come into the United States from overseas come through the twin ports of Los Angeles and Long Beach. That fact alone gives thousands of truck drivers who haul those goods from the ports to warehouses considerable leverage.
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Chemical Industry Optimistic on Energy Legislation, Toxics Reform
The Hill
In the wake of midterm elections, the chemical manufacturing industry is optimistic that Congress will pass energy legislation and toxic chemical safety reform that it supports. Both have gotten attention from lawmakers, but Democratic leaders in the Senate did not want to move forward with them, said Cal Dooley, president of the American Chemistry Council (ACC).
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  FEATURED COMPANIES
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To find out how to feature your company in the NACD eNewsletter and other advertising opportunities, Contact Geoffrey Forneret at 469-420-2629.
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Border Gridlock Added 'Huge' Costs for Carriers, Manufacturers
The Windsor Star
Well over $1 million was lost by trucking companies and businesses on both sides of the border during the U.S. Customs computer system collapse on Nov. 11.
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TRENDING ARTICLES
Missed last week's issue? See which articles your colleagues read most.

    NACD Asks California to Drop Proposal to Require Warnings for 12 Specific Chemicals Under Prop 65 (NACD)
Get Ready for a Wave of Trucking Regulations (Fleet Owner)
NACD Adds New Talent to Legislative Affairs Team (NACD)

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

NACD NewsBrief
Colby Horton, Executive Vice President of Publishing, 469.420.2601
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Valerie Hunt, Assistant Executive Editor, 469.420.2690   
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Matthew McKinney, NACD Manager, Public Affairs, 703.527.6223   

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