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Regulatory Resources: Register today for NACD Regulatory and Legislative Outlook webinar — January 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, January 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 Update: Registration now open for January 2014 Listening Sessions for Chemical Safety and Security Executive Order
Registration is now available for January 2014 listening sessions on President Barack Obama's Executive Order 13650 — Improving Chemical Facility Safety and Security. Please read on for a list of dates, locations and registration links. NACD members are strongly encouraged to participate in these listening sessions.
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Legislative Update: Senate companion bill to House's General Duty Clarification Act introduced
Earlier this month, Senator David Vitter, R-La., introduced S. 1781, the General Duty Clarification Act of 2013, amending the sections in Clean Air Act that relate to the prevention of accidental releases of hazardous pollutants. Sens. Inhofe, R-Okla., and Crapo, R-Idaho, co-sponsored the bill, which is identical to the House version (H.R. 888). While an important step in the process in enacting this key legislation, the opportunities for action this Congress remain in the House since Senator Barbara Boxer, who chairs the committee to which the bill was referred — the Senate Environment and Public Works Committee — opposes the bill's basic objectives. The bill directs the Administrator of the Environmental Protection Agency to issue regulations that define the terms, "extremely hazardous substance," "appropriate hazard assessment techniques" and "design and maintain a safe facility." Furthermore, the legislation orders the EPA to enforce these new rules in a consistent manner across all regions. Importantly, the bill also prohibits EPA from imposing regulations that mandate what is informally referred to as Inherently Safer Technology.
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Regulatory Update: NACD requests Research and Development and Emergency Planning Grant Information from DOT
NACD recently joined with other members of the Interested Parties for Hazardous Materials Transportation group in sending letters to the Department of Transportation's Pipeline and Hazardous Materials Safety Administration requesting information on the agency's research and development programs and its handling of hazardous materials registration fees. NACD and the other groups asked PHMSA Administrator Cynthia Quarterman to provide an accounting of research and development funds from fiscal years 2011-2013 and up to date information on current and future projects. The organizations had previously requested this information from PHMSA, but the agency had not responded, prompting the letter to the Administrator. On January 17, PHMSA will hold a research and development forum, and NACD and the other groups emphasized the importance of having up to date information prior to this session.
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Regulatory Resources: FMCSA Safety Measurement System webinar slides available
The Federal Motor Carrier Safety Administration recently held three webinars for carriers, drivers, and other interested stakeholders to review the proposed redesign of the agency's Safety Measurement System website. FMCSA says that the objective of these changes is to make the information easier to understand for users. The proposed redesign does not include changes to the SMS methodology. During the webinars, participants learned about the proposed changes, including new features and performance tools and received answers to frequently asked questions. The PowerPoint presentation from these webinars is now available on FMCSA's Compliance, Safety, Accountability website.
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Regulatory Update: OSHA proposes $99,000 fine for Geismar Plant for PSM violations
The U.S. Occupational Safety and Health Administration has cited Williams Olefins LLC in Geismar, La., for six Process Safety Management standard violations, including one willful, after an explosion in June killed two workers and injured 80 people. PSM encompasses a detailed set of requirements and procedures employers must follow to address hazards proactively that are associated with processes and equipment that use large amounts of hazardous chemicals. "Williams Olefins violated safety and health standards which, when followed, can protect workers from hazardous chemicals," said Dorinda Folse, OSHA's area director in Baton Rouge. "It is the employer's responsibility to find and fix workplace safety violations and to ensure the safety of its workers. Failing to do so cost two workers their lives." The employer was cited with a willful violation for failing to develop clear, written procedures for how to change and put idle pressure vessels into service. Proposed penalties total $99,000. For additional details on the case, view OSHA's news release.
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PHMSA slaps down New Jersey RMW rules
Hazardous Cargo Bulletin
The U.S. Pipeline and Hazardous Materials Safety Administration has issued an administrative determination of preemption covering a number of regulations imposed under the New Jersey Administrative Code. The rules in question relate to the shipment of medical waste and were the subject of an application from the Healthcare Waste Institute. PHMSA agrees that in nine cases the requirements of the New Jersey code "are not substantially the same" as provisions in the federal hazardous material regulations and are therefore preempted. Seven New Jersey provisions are not preempted.
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Electronic logging device rule still expected by year's end as OMB reviews
Commercial Carrier Journal
Progress has slowed somewhat on proposals to mandate electronic logging devices and to prohibit coercion of truckers, which had been expected to clear another rulemaking hurdle by now. The White House Office of Management and Budget indicated Dec. 13 it had not yet cleared the ELD plan. The ELD Supplement Notice of Proposed Rulemaking finished its first step of rulemaking when the Office of Secretary of Transportation forwarded it to the White House for review Aug. 7.
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FMCSA rescinds quarterly financial reporting requirements
Federal Register
FMCSA eliminates the quarterly financial reporting requirements for certain for-hire motor carriers of property (Form QFR) and for-hire motor carriers of passengers (Form MP-1). This paperwork burden is removed without an adverse impact on safety or the agency's ability to maintain effective commercial regulatory oversight over the for-hire trucking and passenger-carrying industries. The annual reporting requirements remain.
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ATA, Minnesota Trucking Association request sleeper birth pilot project
PR Newswire via Sys-Con Media
This month, the American Trucking Associations and Minnesota Trucking Association jointly petitioned the Federal Motor Carrier Safety Administration to conduct, with the industry's support and involvement, pilot program to study the safety benefits and impacts of increased flexibility in the use of sleeper berth breaks by professional truck drivers.
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EPA to continue 'vigorous' enforcement of major violators in 2014, Giles says
Bloomberg BNA
The Environmental Protection Agency will prioritize enforcement actions for major air and water pollution violations in 2014 while increasingly relying on new monitoring technologies that will enable more efficient enforcement, the agency's chief enforcement officer told Bloomberg BNA. Cynthia Giles, EPA assistant administrator for enforcement and compliance assurance, said in a Dec. 16 interview that the agency will prioritize enforcement actions related to air toxics, other large sources of air pollution such as refineries and coal-fired power plants, discharges of raw sewage and stormwater pollution.
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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.

Canada cracking down on CBR shippers
Railway Age
Canada's government has ordered Transport Canada to crack down hard on crude oil shippers who they say continue to evade a directive that they test the contents of tank cars before classifying them as hazardous materials for crude by rail transportation. Shippers are attempting to sidestep the testing requirement by simply classifying all crude as the most volatile "Packing Group I" instead of specifically grading the crude according to flash point, corrosiveness and chemical composition, according to investigations by Canada's Globe and Mail.
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California adds chemical to list of carcinogens
Bloomberg BNA
A California scientific advisory panel has cleared the way for the state's Office of Environmental Health Hazard Assessment to add a common plasticizer, diisononyl phthalate, to the list of carcinogens the agency maintains under Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. The listing will be effective Dec. 20, OEHHA said in a Dec. 12 regulatory notice. OEHHA's next step will be to establish a safe exposure level for diisononyl phthalate.
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Trucks carried 70 percent of country's $13.6 trillion in freight in 2012
Trucks moved 73.7 percent of the country's freight in 2012, according to the Department of Transportation’s Bureau of Labor Statistics, carrying $10 trillion worth of the country's $13.6 trillion in freight. The numbers come from the DOT's recently released Commodity Flow Survey, which is done roughly every five years.
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Record personal injury award handed down against trucking company
Sacramento Business Journal
A Sacramento County jury handed down a record personal injury verdict of $34.9 million on Dec.6 to a Galt, Calif., man and his wife, who suffered a head injury and was paralyzed from the waist down when a semi–tractor truck crossed the center line and hit her bus.
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Corporate asset protection: Shielding your business from lawsuits, threats
David B. Mandell, JD, MBA, and Jason M. O'Dell, MS, CWM
Given today's litigious society, where successful businesses are lawsuit targets from competitors, the government, clients, customers and even employees, implementing a business protection plan is crucial. Unfortunately, most are not well protected and leave key assets, cash flows and even the owner's interest in the business exposed.
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