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Regulatory Resources: Last chance to register for Thursday's Food Safety Modernization Act webinar
There is still time to register for this week's NACD webinar, Food Safety Modernization Act for Chemical Distributors — What You Need to Know. The webinar will take place this Thursday, Dec. 5, at 12 noon Eastern time. During the 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 Food Safety Modernization Act, discuss the law's regulatory requirements, particularly for chemical distributors, and review known and anticipated timelines for implementation and compliance. In addition, Sol Bobst, PhD, DABT Senior Regulatory Compliance & Toxicology Advisor for NACD member Nexeo Solutions, will share a company perspective on FSMA compliance. Ensure that you will be ready when the FDA inspector knocks on your door: Join us for this timely webinar by registering today. Also, if you have already registered or plan to participate, please send any questions you have for the panelists to NACD Vice President of Regulatory Affairs Jennifer Gibson at
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Regulatory Update: Registration open for Dec. 11, Dec. 16 sessions on Chemical Safety and Security Executive Order
Registration is now available for the Dec. 11 and Dec. 16 listening sessions on President Barack Obama's Executive Order 13650 — Improving Chemical Facility Safety and Security. The Dec. 11 session will take place in Orlando, Fla., from 9 a.m. to 7:30 p.m. with breaks for lunch and dinner. The Dec. 16 session will be a webinar from 4:30 to 6:30 p.m. Click here for more information on both sessions and to register. Additional sessions will be held on Jan. 7 in California and during the week of Jan. 20 in Houston. NACD members are strongly encouraged to participate in these listening sessions.
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Regulatory Enforcement Update: Company fined $400,000 for RMP and EPCRA violations, EPA notes importance of plan reviews, employee transition procedures
The U.S. Environmental Protection Agency has announced that the Dodge Company, a supplier and former manufacturer of embalming chemicals, has reached a settlement with the agency to pay a $400,000 penalty for violations of the Risk Management Program and Emergency Planning and Right-to-Know-Act regulations. The company has also agreed to additional measures to increase safety at its former Cambridge, Mass., facility, as well as at distribution warehouses in Texas, Illinois and California. According to EPA's complaint, Dodge Company failed to comply with RMP requirements at four facilities and failed to file chemical inventory reports required by EPCRA for its Texas, Illinois and California facilities. This enforcement action stems from inspections of Dodge's Massachusetts facility in January 2010, which were conducted after EPA learned of safety violations discovered by the U.S. Occupational Safety and Health Administration.
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Regulatory Resources: EPA releases updated versions of EPCRA Tier II Submit and CAMEO
Last week, the U.S. Environmental Protection Agency released updated versions of Emergency Planning and Community Right-to-Know Act software. First, the Tier II Submit program for EPCRA reporting has been updated to reflect the new Tier II form that is required beginning with Reporting Year 2013. Completed Tier II forms are due by March 1, 2014. Refer to the reporting requirements for your state for submission details. To download the new Tier II Submit software and for more information, including a list of changes to the form, click here. In addition, EPA has released a new version of CAMEO, the software used to plan for and respond to chemical emergencies. CAMEO has an extensive chemical database with critical response information for thousands of chemicals, and a tool that tells you what reactions could occur if chemicals are mixed together. Click here for more information and to download the latest version, CAMEOfm3.0.
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Regulatory Update: FDA solicits comments on the Importer Entry Notice
On Nov. 27, the U.S. Food and Drug Administration published an information collection request notice in the Federal Register to solicit comments on the agency's Importer Entry Notice. Section 801 of the Federal Food, Drug, and Cosmetic Act (U.S.C. 381) provides FDA with the responsibility of assuring foreign origin FDA regulated foods, drugs, cosmetics, medical devices, radiological health and tobacco products offered for import into the United States meet the same requirements of the FD&C Act as do domestic products, and for preventing products from entering the country if they are not in compliance. This involves coordination and cooperation between FDA headquarters and field inspection personnel and the U.S. Customs Service, as the USCS is responsible for enforcing the revenue laws covering the same products.
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Regulatory Update: OSHA confirms HazCom labels must be on small containers
The U.S. Occupational Safety and Health Administration has clarified in a Letter of Interpretation the agency's requirements for labeling of small containers of hazardous chemicals under the revised Hazard Communication standard. The National Institute of Standards and Technology, which submitted the letter requesting clarification, said that placing all of the required information on a HazCom2012 compliant label would present a challenge for small containers of hazardous chemicals such as 5 mL vials or 50 mL bottles. In OSHA's response, the agency acknowledged these concerns but reiterated its position that labels must be attached to a hazardous chemical's immediate container. Therefore, a manufacturer, importer or distributor may not attach a HazCom2012 label only to the outside packaging of a shipped hazardous chemical. Nor is it acceptable to use a key such as a numbering system to link each individual container to an accompanying sheet(s) with the information required on the HazCom2012 label. OSHA did say that pull-out labels, fold back labels, tags or other methods can be used on the labels; and that while these types of labels may cost more than traditional glued on labels, an increase in cost is an unacceptable reason to avoid use of these labeling methods. Click here to read the full letter.
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EPA regulatory agenda emphasizes climate change, chemical security, clean water, air
Daily Environment Report via Bloomberg BNA
The Environmental Protection Agency in 2014 plans to develop regulations aimed at addressing climate change, securing chemicals, providing clean water and improving air quality, according to an updated regulatory agenda posted Nov. 26. All are long-standing priorities for EPA Administrator Gina McCarthy, as they were for her predecessor, Lisa Jackson. "Science, law and transparency continue to guide EPA decisions," the agency said in its statement of priorities. "EPA will leverage resources with grant and incentive-based programs, sound scientific advice, technical and compliance assistance and tools that support states, tribes, cities, towns, rural communities and the private sector in their efforts to address our shared challenges." The regulatory agenda, released by the White House Office of Management and Budget, outlines federal agencies' regulatory priorities for the coming months. Many of the EPA goals in the document are also included in the agency's draft strategic plan for fiscal years 2014-2018, which was released.
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MCMIS seeks to improve uniformity in treatment of inspection violation data
Federal Register
FMCSA announces changes to its Motor Carrier Management Information System to allow the agency to upload the results of associated adjudicated state citations for roadside inspection violation data. MCMIS will be modified to accept adjudication information concerning a citation associated with a violation that was dismissed or resulted in a finding of not guilty, resulted in a conviction of a different or lesser charge or resulted in conviction of the original charge. This action will improve roadside inspection data quality. In addition, the agency announces new processes to provide more uniformity in the way the inspection violation data are treated in FMCSA data systems. FMCSA seeks public comments on the prospective application of the changes.
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    NACD asks FMCSA to exclude IBCs from tank vehicle definition (NACD)
Trucking groups again note HOS problems, call for overturning (Commercial Carrier Journal)
Chemical Safety and Security Executive Order listening sessions continue; proposals expected soon (NACD)

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Flexibility viewed as casualty of tighter regulations
Fleet Owner
Changes made to hours of service rules back in July combined with the potential for electronic logging device mandates may eliminate a source of "flexibility" used by the trucking industry to meet ever tighter just-in-time shipper deliver requirements, according to experts.
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ATA supports NTSB report on need for electronic logs, CSA reform
Bulk Transporter
American Trucking Associations officials applauded safety recommendations by the National Transportation Safety Board emphasizing the need for the Obama administration to accelerate efforts to mandate electronic logging devices in commercial trucks and to improve its Compliance, Safety, Accountability fleet safety monitoring and measurement system.
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Shuster urges quiet approach to highway funding
With the House and Senate going to conference on a Water Resources Development bill, the way is clear for transportation committees in both chambers to take up reauthorization of the federal highway program. The program must be reauthorized by October 2014, and there's much work to be done. Rep. Bill Shuster, R-Pa., the chairman of the House Transportation and Infrastructure Committee, recently said his goal is to complete a draft highway bill by next spring or summer.
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Global chemical distribution market: 10 percent CAGR forecast
The global chemical distribution market is to grow at a CAGR of 9.69 percent over the period 2012-2016. One of the key factors contributing to this market growth is the increasing economic growth in the APAC region. The market has also been witnessing an increase in the number of mergers and acquisitions. However, regulatory challenges could pose a challenge to the growth of this market.
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Self-driving planes, trains, trucks will lead supply chain redesign
Commercial Carrier Journal
Are robo-trucks already taking drivers off the road? It's a possibility, though an indirect one, suggests Fred Andersky, director of government and industry affairs for Bendix Commercial Vehicle Systems. And truck driving jobs won't be the only ones impacted by technological changes coming to the supply chain.
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Viewpoint: Why do people hate the word 'chemicals'?
Chemistry is everywhere in the world around us — so why are we so scared of it? Dr. Mark Lorch examines the stigma surrounding chemicals.
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How to play the next phase of America's shale gas boom
It's well-known that the combination of newer horizontal drilling with the 60-year-old practice of hydraulic fracturing has unlocked huge new reserves of oil and gas across North America. What's less well appreciated is how enormous those reserves are — North Dakota's Bakken shale will soon be pumping out nearly twice as much crude per day as Prudhoe Bay in Alaska — and the hundreds of billions of dollars that need to be spent on infrastructure to bring all this oil and gas to market.
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