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Regulatory Resources: FSMA webinar to feature NACD preferred regulatory provider and member
On Thursday, Dec. 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, which was signed into law almost two years ago on Jan. 4, 2011, is the most significant expansion of food safety requirements and the Food and Drug Administration's 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.
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Regulatory Update: NACD presents comments at Chemical Safety and Security Executive Order listening session
Last week, NACD Vice President of Regulatory Affairs Jennifer Gibson presented comments on behalf of the Association in response to the White House Executive Order 13650, Improving Chemical Facility Safety and Security, at a public listening session. In her comments, Ms. Gibson emphasized three points from the perspective of effective chemical regulation: the necessity of clear regulations, the importance of consistent regulations, and third, agencies must be willing to engage in compliance assistance, rather than just hard enforcement.
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Regulatory Update: Registration now open for Nov. 25 listening session webinar for Chemical Safety and Security Executive Order
Registration is now available for the Nov. 25 listening session webinar on President Barack Obama's Executive Order 13650 — Improving Chemical Facility Safety and Security. Click here to register. The webinar will take place on Monday from 10 a.m. to 12 noon EST. Another webinar will be held Monday, Dec. 16. Additional face-to-face sessions will be held Dec. 11 in Orlando, Fla.; Jan. 7 in California; and during the week of Jan. 20 in Houston. The Working Group is also planning to reschedule a session that had been set to take place Dec. 4 in Hamilton, N.J. NACD members are strongly encouraged to participate in these listening sessions.
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Legislative Update: House subcommittee holds hearing on Senate TSCA modernization bill
Last week, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing on S. 1009, the Chemical Safety Improvement Act, which was introduced by the late Sen. Frank Lautenberg, D-N.J., and Sen. David Vitter, R-La., earlier this year. This legislation would modernize the Toxic Substances Control Act. Last week's hearing was the fourth in a series of hearings that the House Subcommittee has held on TSCA over the past several months. Click here for a full report on the hearing from NACD Preferred Regulatory Compliance Provider Bergeson & Campbell, P.C.
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Legislative Update: NACD supports effort to put hours of service restart provision on hold
NACD recently joined more than 100 other organizations in sending a letter to all members of the House of Representatives in support of H.R. 3413, the True Understanding of the Economy and Safety Act, introduced by Reps. Richard Hanna, R-N.Y., Tom Rice, R-S.C., and Michael Michaud, D-Maine. The bill would put a hold on the restart provision of the current federal hours of service rules until an independent review is conducted.
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Regulatory Update: Customs agrees to delay residue manifesting test
As reported in last week's News Brief issue, NACD recently signed a letter asking Acting Secretary of Homeland Security 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 response to our letter, CBP leadership invited NACD and the other signatories to the letter to a meeting last Tuesday to discuss the issue in depth.
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Regulatory Update: OSHA announces local emphasis program for inspections of facilities using hazardous chemicals
The U.S. Department of Labor's Occupational Safety and Health Administration has announced the launch of a local emphasis program in Kansas, Nebraska and Missouri for programmed health inspections of industries known to use hazardous chemicals and who have reported release of such chemicals to the Environmental Protection Agency. OSHA says that the goal of the program is to reduce occupational illnesses and deaths, "This local emphasis program will make efficient use of OSHA's industrial hygiene resources by focusing on industrial sites that are known to have released EPA-monitored hazardous chemicals," said Marcia Drumm, acting regional administrator for OSHA in Kansas City. "Through this program, OSHA will improve education for company management and strengthen protections for workers exposed to these chemicals."
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Regulatory Update: Court orders chemical company to pay $2.57 million TSCA penalty
In an administrative decision issued last week, Elementis Chromium, Inc., one of the largest manufacturers of chromium chemicals in the world, was ordered to pay a penalty of $2,571,800 for failing to disclose information about substantial risk of injury to human health from exposure to hexavalent chromium, a known carcinogen, on workers in modern chemical production plants, as required by the Toxic Substances Control Act. TSCA requires chemical manufacturers, processors or distributors that obtain information demonstrating that a substance or mixture presents a substantial risk of injury to human health or the environment immediately inform the U.S. Environmental Protection Agency. This information allows EPA to understand and limit, when necessary, potential hazards associated with the manufacturing, use and disposal of chemical substances.
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Regulatory Update: Company to pay nearly $600,000 in penalties and upgrades for RMP violations
Earlier this month, the U.S. Environmental Protection Agency announced that Calumet Shreveport Lubricant and Waxes, L.L.C., will pay a civil penalty of $326,000 to settle nine violations of the Clean Air Act's Risk Management Program. The plant will also expand a fence-line monitoring system with a value of at least $248,000 to increase awareness of toxic air releases. In August of 2011, EPA conducted an unannounced inspection and discovered numerous violations related to past explosions and the facility's emergency response program.
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Lawmakers upbeat over chemical safety fix
The Hill
House lawmakers are expressing optimism about a landmark Senate compromise to reform the country's chemical safety law. At a Wednesday House Energy and Commerce subcommittee hearing on the Chemical Safety Improvement Act, legislators were cautiously optimistic that the Toxic Substances Control Act could be overhauled for the first time since it was passed nearly four decades ago.
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Deadline for drivers to comply with medical certification rule coming in January
Truck drivers have until Jan. 30 to self-certify their operating status and provide medical examiner's certificates to state driver's licensing agencies. On Jan. 30, 2012, the Federal Motor Carrier Safety Administration began requiring CDL holders to identify if they conduct intrastate or interstate commerce and if they hold non-excepted or excepted status. Most truckers are classified under non-excepted interstate commerce and must furnish a current medical examiner's certificate to state agencies.
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New SMS brings info closer to truckers
Today's Trucking
A new Web interface for the Safety Measurement System is making it easier for American trucking regulators and the public to keep tabs on your business. Since online data software is in full bloom nowadays, tracking events is only getting easier — who's to say that can't be done with, perhaps, people? Coming straight from the Federal Motor Carrier Safety Administration's keyboard fingertips, the SMS's improved Web interface will enhance the way it displays overall performance of carriers and their drivers online.
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Should enforcers focus more on traffic violations? FMCSA rep, CSA critic spar over program
Outspoken CSA critic and data showman Steve Bryan — head of Vigillo, a data company that helps fleets adjust their CSA scores — squared off on the Federal Motor Carrier Safety Administration's Compliance, Safety, Accountability program at the American Trucking Associations Management Conference & Exhibition in Orlando, Fla., last month, per his usual routine.
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Missed last week's issue? See which articles your colleagues read most.

    FSMA webinar to feature NACD Preferred Regulatory Provider and Member (NACD)
EPA settles air quality and improper chemical storage violations (Food Quality News)
OSHA issues proposed rule to require electronic reporting of injury and illness data (NACD)

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FMCSA releases new study detailing opportunities for returning vets
The Trucker
A new study released by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration recommended a series of regulatory changes to further ease the transition of military personnel and veterans into much-needed civilian jobs driving commercial motor vehicles. In releasing the study, FMCSA also announced plans to implement the changes as soon as possible.
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Report: EPA chemical assessment 'should take data-driven approach'
Environmental Leader
The EPA's draft plan to assess inorganic arsenic risks should take greater advantage of the data that exists on the chemical to reach evidence-based conclusions, says a report from the National Research Council. While the EPA's draft plan that describes how the agency will assess the potential health effects of oral exposure to inorganic arsenic includes improved approaches for evaluating evidence and conducting analyses, the report recommends alternative statistical approaches over the EPA's current default methods for estimating risk.
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Caitlin O'Donnell, NACD Manager, Communications, 703.527.6223   

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