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Regulatory Resources: Registration open for NACD Regulatory and Legislative Outlook webinar — Jan. 9
Please join NACD Vice President of Regulatory Affairs Jennifer Gibson and Vice President of Legislative Affairs John Shanahan at 12 noon Eastern time on Thursday, Jan. 9, for a 2014 Regulatory and Legislative Outlook webinar. Federal agencies have already begun releasing regulatory proposals as a result of White House Executive Order 13650 Improving Chemical Safety and Security. Jennifer Gibson will review these proposals as well as other developments related to the Executive Order. She will also discuss other regulatory initiatives that members can expect from the U.S. Environmental Protection Agency, Department of Transportation, Department of Homeland Security, Occupational Safety and Health Administration and others. Also during the webinar, John Shanahan will discuss recent developments on Capitol Hill regarding NACD's key legislative issues of Toxic Substances Control Act modernization, chemical security, and clarification of the Clean Air Act General Duty Clause and prospects for movement on these issues in 2014. To register for this free webinar, please click here.
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Regulatory Resources: Food Safety Modernization Act webinar Q&As now available
The Q&As from NACD's Dec. 5 Food Safety Modernization Act webinar are now available. During this informative 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, PhD, 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 webinar generated some excellent questions, and NACD has now made written responses to these questions available for the membership. Click here to access the Q&As along with the webinar recording and slides. Please note that you will need your username and password to access these materials.
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Regulatory Update: NACD presents comments during Chemical Safety and Security Executive Order Listening Session webinar
Yesterday, 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 during a listening session webinar. In the comments delivered to leaders from the Occupational Safety and Health Administration, the Environmental Protection Agency, the Department of Homeland Security and others, Gibson re-emphasized from earlier comments that effective chemical regulation must be clear, consistent, and have a focus on compliance assistance. She stated, "We all share the objective of making sure that chemical facilities and their communities are safe and secure. A regulatory system that is clear, consistent and collaborative will go a long way in achieving this goal." Gibson also encouraged the agencies to leverage programs such as NACD's Responsible Distribution so that they can dedicate their limited resources to finding and reaching out to facilities who do not belong to trade associations and have comprehensive health, safety, security and environmental management programs. To view the full comments, go to
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Regulatory Update: Dates, locations announced for January Chemical Safety and Security Executive Order Listening Sessions
The federal working group formed to carry out President Barack Obama's Executive Order 13650 — Improving Chemical Facility Safety and Security has announced public listening session dates and locations for January 2014. The sessions will take place on Jan. 8 in Sacramento, Calif.; Jan. 10 in Los Angeles; Jan. 14 in Washington, D.C.; and Jan. 24 in Houston. NACD members are strongly encouraged to participate in these listening sessions. The environmental community is out in force calling for inherently safer technology mandates and other regulatory expansions. It is critical for industry, including chemical distributors, to be well-represented in order to prevent the adoption of increased regulations that will place more needless burdens on companies. NACD members in particular have an excellent story to tell with Responsible Distribution.
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Legislative Update: Cybersecurity legislation introduced in the House.
Leaders of the House Committee on Homeland Security have introduced legislation to strengthen our nation's cybersecurity. As a bipartisan effort, H.R. 3696, the National Cybersecurity and Critical Infrastructure Protection Act of 2013, protects critical infrastructure sectors, including the chemical sector, from cyberattacks. "Cyberattacks are a top national security and economic threat," said Chairman Michael McCaul, R-Texas. The NCCIP Act establishes a partnership between the private industry and DHS while preventing new regulatory authority at the agency. In addition, the bill aims to ensure that the National Cybersecurity Incident Response Plan is updated and implemented regularly. A summary of the NCCIP Act can be found here.
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Businesses object to OSHA's plan to post on-the-job injuries online
The government requires large employers to keep records of on-the-job injuries suffered by their employees. Now, the Obama administration wants to make those records easily available on a website. It says that would lead to safer workplaces. Manufacturers and businesses are objecting, arguing the data could be misinterpreted.
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Business groups join for chemical push
The Hill
A group of food, cleaning, clothing and other companies is launching a new coalition to push Congress to reform the nation’s toxic chemical law. The 1976 Toxic Chemical Safety Act is widely considered out of date and ineffective, but the businesses are siding with environmental and health groups about concerns in an overhaul bill currently in the Senate. "Meaningful reform will speed to market cleaner and safe products and allow companies to meet increasing consumer demand," said David Levine, the head of the American Sustainable Business Council, in a statement. "Effective policy reform will drive economic growth and job creation."
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Deep dive into correlation of CSA scores, crash risk
Fleet Owner
Problems with the data and methodology deployed by the Federal Motor Carrier Safety Administration's Compliance, Safety, Accountability safety-rating program "produce an imperfect and unreliable measure of a carrier's safety record," according to the American Trucking Associations. A white paper just issued by ATA discusses data and research on the connection between CSA scores and crash risk.
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Transporting hazmat: Know when you're liable to be liable
Material Handling & Logistics
An unsecured load collapses and crushes a fragile container. A faulty closure leaks hazardous chemicals. Incompatible materials combine in transit and create a poisonous gas. These hazmat incident instigators are just the beginning of a long list. Even if a shipper does everything right and ensures that hazmat shipments are fully compliant with the Hazardous Materials Regulations, an incident in transit can seize the entire supply chain and delay goods from reaching customers. Shippers and carriers must be prepared to mitigate these incidents when they arise, know their legal responsibilities for protecting personnel and the public and understand how liability is determined in these situations.
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TSA wants to monitor movement of railcars carrying hazardous materials
Government Security News
TSA is gathering market research information from small businesses that can provide databases and reporting mechanisms that can monitor the movements of railcars carrying toxic inhalation hazards and other security-sensitive materials via "Car Location Message" and global positioning satellite support services. The TSA office of security operations wants to acquire such services "in order to identify and locate interchange frequency and locations, waybill information, routes/destinations and ad-hoc reporting to meet DHS/TSA needs and requirements," explains a notice published by TSA Dec. 11.
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Missed last week's issue? See which articles your colleagues read most.

    OSHA seeks comment on potential changes to Process Safety Management standard (NACD)
Economist says new regulations 'will be game-changers' (Commercial Carriers Journal)
Tamping down fire retardants (Chicago Tribune)

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

Federal vs. state: What's best to regulate hydraulic fracturing?
Stefanie Heerwig
The House of Representatives recently approved H.R. 2728, which would inhibit the U.S. Bureau of Land Management from imposing federal regulations on states that already have regulations for hydraulic fracturing in place. In the face of President Barack Obama's veto threat and the likelihood that the Senate will ignore the bill, it stands almost no chance of becoming law. However, a crucial question remains: Should the federal level have a say or are states in a better position to regulate hydraulic fracturing?
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Can Apache Corp. make fracking a greener word?
In the eye of the environmentally conscious public, "fracking" is a dirty word. The volume and toxicity of the chemicals that energy companies use to release oil and gas from shale formations incite widespread worry about drilling and hydraulic fracturing operations. The energy industry is devoting substantial resources to chemistry and focusing on creating new, greener chemical combinations. The chemical producers and companies supplying drilling and fracturing services are conducting much of this activity, but energy producers themselves can — and for the bottom line, should — play an important role in reducing both the volume and the toxicity of the chemicals they use.
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As capacity remains tight, trucking conditions remain positive
Commercial Carrier Journal
Though the monthly Trucking Conditions Index (produced by FTR) sunk slightly in October, it still remained high, signaling good conditions for trucking companies. Due to regulatory drag brought on by hours-of-service rule changes implemented earlier this year, capacity remains tight, FTR says, and truck utilization is nearing a point where further tightening of capacity could put upward pressure on rates. Moreover, if economic growth continues in 2014, shipping rates will further increase and add to trucking's bottom line, FTR says.
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New chemical industry numbers show dramatic export growth
Houston Business Journal
With all the new and expanding chemical plants in the U.S., many of which are in the Houston area, it's no surprise that the chemical industry is predicting growth in export numbers. However, the American Chemistry Council, a Washington, D.C.-based trade association, isn't just forecasting growth — it is predicting a chemical export tidal wave.
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Promise of affordable shale gas lures another foreign manufacturer to America
American Chemistry Matters
You might say the good news about overseas investment in U.S.-based chemical plants accumulates faster than a December snowfall — and you'd be right. In the latest development, Asia's largest chemical producer, Formosa Plastics Group, is seeking a $2 billion expansion of its Texas operations, as cheaper natural gas prices make production in America more competitive.
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Colby Horton, Executive Vice President of Publishing, 469.420.2601
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