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Regulatory resources: Food Safety Modernization Act webinar recording and slides now available
Last week, NACD hosted an informative webinar on the Food Safety Modernization Act (FSMA) and how the law applies to chemical distributors. During the webinar, T.H. Lyda, Esq. and Edwin Palmer, Esq. of Burns White LLC, one of NACD's Regulatory Compliance Preferred Providers, provided an overview of the FSMA and what chemical distributors can do to prepare for increased inspections. In addition, Sol Bobst, Ph.D., DABT, Senior Regulatory Compliance & Toxicology Advisor for NACD member Nexeo Solutions, shared a company perspective on FSMA compliance and specific food safety measures that companies can take. The full webinar recording and slides are now available on the NACD members' only advocacy resources Web page at www.nacd.com/advocacy/resourcesmemonly.aspx. Please visit this page if you missed this valuable webinar or would like to review the material. The Q&As from the webinar will also be posted on the page in the coming days. Please note that you will need your NACD username and password to access the site.
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Regulatory update: Registration open for Dec. 11 and 16 sessions on Chemical Safety and Security Executive Order
Registration is available for the Dec. 11 and Dec. 16 listening sessions on President Obama's Executive Order 13650 – Improving Chemical Facility Safety and Security. The Dec. 11 session will take place from 9 a.m. to 7:30 p.m. in Orlando, Fla., 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 update: OSHA seeks comment on potential changes to Process Safety Management standard
The U.S. Occupational Safety and Health Administration (OSHA) yesterday published a request for information in the Federal Register seeking public comment on potential revisions to its Process Safety Management (PSM) standard and related standards, as well as other policy options to prevent major chemical incidents. The RFI is in response to President Obama's Executive Order 13650 – Improving Chemical Facility Safety and Security. In addition to comments on its Process Safety Management standard, OSHA seeks input on potential updates to its Explosives and Blasting Agents, Flammable Liquids and Spray Finishing standards, as well as potential changes to PSM enforcement policies. The agency also asks for information and data on specific rulemaking and policy options and the workplace hazards they address.
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Regulatory update: EPA publishes final rule to require electronic TSCA reporting
Last week the U.S. Environmental Protection Agency (EPA) published a final rule in the Federal Register to require chemical manufacturers, processors and distributors to file Toxic Substances Control Act (TSCA) information and notices electronically. The rule applies to TSCA Section 4 letters, notices and data generated in accordance with consent agreements negotiated with EPA, TSCA Section 5 pre-manufacture (or import) notices, TSCA Section 8(a) Chemical Data Reporting and Section 8(d) health and safety studies. EPA says that the electronic reporting rule will save time and money for both industry and the agency. The rule is also consistent with EPA's effort to create a comprehensive public database of chemical information. A few months ago, the agency announced its Chemview site to launch this initiative. The electronic reporting final rule will take effect on March 4. For a copy of the final rule, go to www.gpo.gov/fdsys/pkg/FR-2013-12-04/pdf/2013-28510.pdf.
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Regulatory update: EPA to host Dec. 17 webinar to walk through electronic reporting software
To support its new Toxic Substances Control Act (TSCA) mandatory electronic reporting rules, the U.S. Environmental Protection Agency (EPA) is developing a suite of Web-based submission modules. Submitters of TSCA information will be required to register with and submit through the Central Data Exchange (CDX) to access these modules. On Tuesday, Dec. 17, EPA will provide an outreach session to walk submitters through the process of registering with CDX in preparation for the new rules. The focus of the session will be on the registration process rather than the reporting requirements.
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Regulatory update: EPA updates enforcement website
The U.S. Environmental Protection Agency (EPA) recently announced that it has updated its Enforcement and Compliance History Online (ECHO) database. ECHO provides integrated compliance and enforcement information for about 800,000 regulated facilities nationwide. Its features range from simple to advanced, catering to users who want to conduct broad analyses as well as those who need to perform complex searches. Specifically, ECHO allows users to find and download information on permit data, inspection dates and findings, violations, enforcement actions and penalties assessed. EPA says that the revised site is better organized than the earlier version and includes options such as expandable and collapsible data sections. The site also allows users to search for compliance and enforcement data by city, state or ZIP code and to analyze enforcement trends. EPA plans additional enhancements to the site in 2014. To access the revised ECHO website, go to http://echo.epa.gov.
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International regulatory update: ECHA updates CLP guidance
The European Chemicals Agency (ECHA) recently published updated guidance on the application of the European Union's Classification, Labeling and Packaging of Substances (CLP) regulation (1272/2008) criteria. The guidance takes account of the second Adaptation to Technical Progress (ATP) of the CLP Regulation, which entered into force in April 2011, as it affects Part 2 (physical hazards) and Part 4 (health hazards). The revised guidance also takes into account the fourth ATP, which entered into force in June, and includes a corrigendum for Parts 1 and 4 and the Annexes to Part 4. Click here to access the new guidance. Earlier this year, NACD issued a statement on the role of U.S chemical distributors in the CLP regulation and the application of this chemical classification scheme to the activities of NACD members. The statement is available on the Regulatory Resources for NACD Members Only page of the NACD website at www.nacd.com/advocacy/resources.aspx.
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INDUSTRY TOPICS


New OSHA emphasis program for EPA toxic chemicals release reporting industries
Lexology
OSHA has recently announced a new local emphasis program for health inspections of facilities known to have reported the use and "release" of chemicals defined by the U.S. Environmental Protection Agency under the Emergency Planning and Community Right-to-Know Act Section 313 as "toxic chemicals." Under EPCRA section 313 facilities must report the use and release of toxic chemicals under the EPA's Toxic Chemical Release Inventory "Form R" reporting rules. According to Marcia Drumm, acting regional administrator for OSHA, the purpose of the OSHA emphasis program is to focus on industrial sites that are known to have reported large releases of TRI chemicals.
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CSA data could reflect outcomes of drivers' citation challenges
Fleet Owner
One of the many gripes about data used in the Compliance, Safety, Accountability program has been that it reflects traffic citations issued against a driver even if the driver later challenges that citation successfully in court, but that's changing. The Federal Motor Carrier Safety Administration on Dec. 2 announced changes that would allow its Motor Carrier Management Information System to be updated by the results of adjudicated state citations.
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Economist says new regulations 'will be game-changers'
Commercial Carrier Journal
Trucking faces the largest concentration of regulatory changes in its history beginning next year, economist Eric Starks said. The changes include CARB trailer regulations, hours of service changes, new greenhouse gas/mpg regulations, as well as potential mandatory electronic onboard recorder and speed limiter requirements, said Starks, president of FTR Associates. "It's hard to calculate the impact these changes will have," Starks said. "The problem is not so much the regulations themselves. It's the fact that they're all happening at once. But make no mistake, these regulations will be game-changers."
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OOIDA files lawsuit over California truck regulations
Truckinginfo
The Owner-Operator Independent Drivers Association filed a lawsuit in the U.S. District Court, Eastern District of California, against the California Air Resources Board Dec. 6, in connection with the Truck and Bus Regulation. It is asking for an injunction saying the regulation is unconstitutional and discriminates against out-of-state truckers.
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FMCSA revokes around 2,000 freight broker licenses
DC Velocity
Nearly 2,000 property brokers have lost their operating authority this week after failing to comply with a new Congressionally mandated increase in surety bonds used to pay claims by truckers for late payment or nonpayment for their services, according to a carrier marketing website. The license revocation process began Dec. 2 after the expiration of a 60-day grace period established by the Federal Motor Carrier Safety Administration for brokers to comply with the higher limits.
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Fuel taxes, not mileage taxes, most appealing to truckers
Land Line
Fuel taxes appeal to America's truckers ahead of other proposals such as tolling or taxes based on miles traveled, OOIDA says. The discussion deepened when a congressman from Oregon filed two bills related to highway funding — one that would increase fuel taxes by 15 cents and another that lays groundwork for a future tax on vehicle miles traveled, or VMT. Truckers support the fuel-tax system while urging those holding the purse strings to account for every dime.
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Tamping down fire retardants
Chicago Tribune
A Chicago Tribune series on fire retardants, which inspired a recent HBO documentary, "Toxic Hot Seat," is leading to some important changes in safety regulation. California officials approved a new standard that furniture manufacturers can meet without using flame retardants. The new rule, to be phased in starting Jan. 1, is modeled in part after a voluntary standard adopted by the furniture industry that found specially designed furniture fabric is far more effective at preventing fires than flame retardants added to the foam padding.
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Beyond CSR reports: The real value of multistakeholder engagement
Lucy Wallwork
The oil and gas industry has a new buzzword: multistakeholder engagement. It regularly adorns the pages of corporate social responsibility reports, and companies such as Tullow Oil are holding forums in its name. But what exactly does it mean? Can — and should — it go beyond the pages of those reports and make a meaningful difference to how firms do business? New research by the Wharton School of the University of Pennsylvania suggests it both can and should.
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