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As 2013 comes to a close, NACD would like to wish its Members, Affiliates and other industry professionals a safe and happy holiday season.

As we reflect on the past year for the industry, we would like to provide the readers of the NACD NewsBrief a look at the most popular articles from the year. Our regular publication will resume Tuesday, Jan. 7.

New hours of service rules now in effect
From July 2: The U.S. Department of Transportation's Federal Motor Carrier Safety Administration announced yesterday that the new hours of service rules are now in full effect. Lawsuits are pending on the new rules, but FMCSA proceeded to implement the rules before the cases are decided, stating that industry has had 18 months to adopt the new HOS rules. First announced by FMCSA in December 2011, the rules limit the average work week for truck drivers to 70 hours, down from the previous maximum of 82 hours. The new rule also allows truck drivers who reach the maximum 70 hours of driving within a week to resume if they rest for 34 consecutive hours, including at least two nights from the hours of 1 to 5 a.m., and requires truck drivers to take a 30-minute break during the first eight hours of a shift. The final HOS rule retains the current 11-hour daily driving limit and 14-hour work day. FMCSA says companies and drivers who commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies and passenger carriers that allow drivers to exceed driving limits by more than three hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense. Further information, including "Hours-of-Service Logbook Examples," is available on the FMCSA website at
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EPA releases pesticide storage and labeling guide
From Aug. 13: The U.S. Environmental Protection Agency's Office of Pesticide Programs' Labeling Consistency Committee has completed revisions and updates to Chapter 13 of its pesticide label review manual. The pesticide label review manual provides guidance to both EPA reviewers and the pesticide chemical industry on what is required and recommended for each part of a pesticide product label in order for the agency to approve the label. Chapter 13, dealing with storage and disposal statements on labels, has been updated to clearly reflect the requirements of the 2006 "container-containment" rule, which specified improvements to storage and disposal practices. Prior to revising the chapter, the committee collected comments from the public — primarily the pesticide industry — and state regulators. The revised Chapter 13 is posted on the EPA website at
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DEA releases revised Chemical Handler's Manual
From July 16: The U.S. Drug Enforcement Agency Office of Diversion Control has released the long-awaited updated version of the Chemical Handler's Manual. The manual is intended to summarize and explain the basic requirements for the handling of List I and List II chemicals under the Controlled Substances Act, Title 21 United States Code §§ 801-904; the Controlled Substances Import and Export Act, 21 U.S.C. §§ 951-971; and the DEA regulations, Title 21 Code of Federal Regulations. The Chemical Handler's Manual has proven to be a useful guide for chemical distributors who handle List I and II Chemicals. DEA removed an earlier version of the publication from its website several years ago while updating the document to include changes resulting from legislation to address methamphetamine issues. The 2013 Manual is now available at
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OSHA lists top citations for chemical, general industries
From April 2: The U.S. Occupational Safety and Health Administration's top enforcement official, Richard Fairfax, recently delivered a presentation to the Small Business Administration Office of Advocacy Small Business Labor Safety (OSHA/MSHA) Roundtable in which he listed OSHA's top citations in the Chemical National Emphasis Program, Process Safety Management, and General Industry areas.
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OSHA quick card compares HazCom 2012, NFPA Diamond labels
From Aug. 20: The U.S. Occupational Safety and Health Administration, in cooperation with the National Fire Protection Association, has published a "Quick Card" that compares the NFPA 704 Diamond label and HazCom 2012 label to address questions concerning the purpose of the labels, numbering systems used and the other information provided on these labels. The "Quick Card" is available on the NFPA website at, or click here to access the document directly.
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EPA fines company $257,167 for RMP and EPCRA violations
From Oct. 22: The U.S. Environmental Protection Agency announced last week that Dyno Nobel Inc. has agreed to pay a $257,167 civil penalty to settle alleged violations of the Clean Air Act, Emergency Planning and Community Right-to-Know Act and the Comprehensive Environmental Response, Compensation, and Liability Act at its facilities in Louisiana and Carthage, Mo. Inspections at the two facilities in 2010 revealed the CAA violations and resulted in EPA Region 7 issuing an Administrative Compliance Order in January 2011. EPA found that neither of Dyno Nobel's Risk Management Programs, which require facilities to have processes to safely store and handle hazardous chemicals, fully complied with all regulatory requirements.
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How will Texas explosion impact chemical security laws?
National Journal
From April 30: In the wake of a fertilizer plant explosion in Texas, chemical industry officials are already taking exception to calls for heightened regulations, and not all Democrats are convinced such rules are necessarily the appropriate solution. Many key lawmakers are holding out for more information while the cause of the blast remains under investigation.
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EPA fines Massachusetts company nearly $500,000
From April 23: U.S. Environmental Protection Agency Region I recently announced that Shield Packaging Company Inc. has agreed to pay $484,900 in penalties to settle agency claims that it violated numerous federal and state environmental regulations at its liquid and aerosol packaging facility in Dudley, Mass. EPA states the company violated rules regarding hazardous waste management, chemical accident prevention, hazardous chemical inventory reporting and oil pollution prevention contained in the Clean Air Act, the Emergency Planning & Community Right-to-Know Act, the Clean Water Act and the Massachusetts Hazardous Waste Management Regulations.
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EPA conducting TSCA audits on chemical distributors
From Sept. 17: The U.S Environmental Protection Agency has increasingly been conducting Toxic Substances Control Act audits on chemical distributors. Over the past six months, several NACD members in various parts on the country have received TSCA audits. Given EPA's increased focus on the chemical distribution industry, it is more important than ever for NACD members to be aware of TSCA obligations. To help members with TSCA compliance, NACD held a webinar in June: TSCA — More Than 'Toxic' Chemicals, More Than Manufacturing Regulations. During the webinar, Lynn Bergeson and Kathleen Roberts of NACD Environmental Regulatory Partner Bergeson & Campbell, P.C., provided an excellent overview of how TSCA applies to every type of chemical distributor and what companies need to do to comply with the TSCA regulations. In addition, Marc Maseman, President & CEO of NACD member Florida Chemical Supply, Inc., shared his experience with a recent EPA TSCA audit. The full webinar recording, slides and supplemental materials are available on the NACD members' only advocacy resources Web page at Please visit this page if you missed this valuable webinar or would like to review the material. Please note that you will need your NACD username and password to access the site.
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Senator proposes problematic chemicals bill
From April 16: Sen. Frank Lautenberg, D-N.J., last week introduced legislation that would place significant burdens on the chemical sector and stifle innovations in the marketplace. In a statement, NACD joined 70 other industry sector associations, representing the majority of the value chain, in opposing the legislation. The bill, which has no Republican co-sponsors and is known as the Safe Chemicals Act of 2013 (S. 696), would impose numerous and significant new requirements on the chemical sector and EPA. Many of these requirements — such as industry needing to submit "minimum information" sets for all chemicals on the market — would have unrealistically short timelines. This not only would be burdensome to industry, but also would create a situation where EPA was unable to meet the statutory deadlines and erode EPA's credibility as a regulator.
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Congress focusing on West Fertilizer fire
From May 7: The West Fertilizer Co. fire has been gaining increased attention from Capitol Hill, and judging by the Congressional letters this week, the political scrutiny is likely to grow increasingly intense. Senator Barbara Boxer, D-Calif., has announced plans to conduct an Environment and Public Works Committee investigation of the fire. On the House side, ranking members are calling for a Blue Ribbon Commission to investigate the incident.
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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.

FMCSA proposes rule to clarify that vehicles carrying IBCs are included in tank vehicle definition
From Oct. 1: Last week, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration published a proposed rule to clarify the new definition of tank vehicle and which drivers must have tank endorsements. In a May 2011 final rule, FMCSA revised the definition of "tank vehicle" to include vehicles carrying intermediate bulk containers with individual capacities of 119 gallons or more and an aggregate capacity of 1000 gallons or more. Under this revised definition, a driver transporting such IBCs must obtain a tank vehicle endorsement on his/her commercial driver's license. Industry, including NACD, raised concerns about this new definition and requirement and asked FMCSA to revisit the new tank vehicle definition to exclude vehicles that are not actually tanks.
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Company fined $400,000 for RMP and EPCRA violations, EPA notes importance of plan reviews, employee transition procedures
From Dec. 3: 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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Roadside inspection blitz to take place June 4-6
From May 21: The Commercial Vehicle Safety Alliance has announced "Roadcheck 2013." Through this initiative, thousands of law enforcement officers will blanket North America's roadways for 72 continuous hours beginning Tuesday, June 4, and ending Thursday, June 6, to conduct comprehensive safety inspections of trucks and buses and to enforce safety belt use. Roadcheck is the largest targeted enforcement program on commercial vehicles in the world, with approximately 17 trucks or buses being inspected, on average, every minute from Canada to Mexico during the 72-hour period. CVSA sponsors the annual Roadcheck with participation by the Federal Motor Carrier Safety Administration, Pipeline and Hazardous Materials Safety Administration, Canadian Council of Motor Transport Administrators, Transport Canada and the Secretariat of Communications and Transportation (Mexico). Approximately 10,000 CVSA-certified local, state, provincial and federal inspectors at 1,500 locations across North America will perform the truck and bus inspections.
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HazCom2012 training deadline Dec. 1 — Less than 1 month away
From Nov. 5: The first major deadline under the revised Hazard Communication Standard to align with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals will arrive in less than one month. No later than Dec. 1, 2013, employers must have their employees trained on HazCom2012's new labeling elements and safety data sheet format. Many resources are available to help companies meet these training as well as other requirements of the revised regulations.
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NACD NewsBrief
Colby Horton, Executive Vice President of Publishing, 469.420.2601
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Valerie Hunt, Senior Content Editor, 469.420.2690   
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Caitlin O'Donnell, NACD Manager, Communications, 703.527.6223   

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