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As 2014 comes to a close, NACD would like to wish its Members, Affiliates and other industry professionals a safe and happy holiday season.


Reflecting on the top issues affecting the chemical distribution industry in 2014, we would like to provide NACD NewsBrief readers part one of a review of the year's most-read articles. Part two will be delivered on Jan. 6, and our regular publication will resume Jan. 12.


GAO Report: Fertilizer Industry Is Under-regulated, Dangerous
MSNBC
From May 27: The federal government doesn't know how much or how well the potentially explosive chemical found in fertilizer is being stored across the country, a new report by the Government Accountability Office warns. In an alarming assessment that highlights the growing environmental and safety concerns around fertilizer and ammonium nitrate plants, the report notes that the industry as a whole is drastically under-regulated.

Related: TFI Issues Statement on GAO Report on Chemical Safety (Ag Professional)

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Chemical Executive Order Report Calls for Agencies to Consider Major Regulatory Expansions
NACD
From June 10: Last Friday, the Interagency Working Group (IWG) established by White House Executive Order 13650 — Improving Chemical Facility Safety and Security publicly released a milestone document: Actions to Improve Chemical Facility Safety and Security — A Shared Commitment — Report for the President. The report calls on the Occupational Safety and Health Administration, the Environmental Protection Agency, and the Department of Homeland Security to expand the scope and coverage of their respective regulatory programs. In addition, the report calls for the agencies to issue an alert and consider regulations to mandate the consideration and use of inherently safer technologies. Click here for NACD's full regulatory update that provides key highlights of the report, and click here for NACD's comments on the report release.
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NACD Requests Letter of Interpretation to OSHA on Pre-Printed GHS Labels with Red Diamonds
NACD
From Nov. 18: NACD members have expressed their concern with compliance regarding the Hazard Communication Standards using pre-printed labels. In order to comply with the regulations, companies have been using pre-printed labels with the red diamonds and a single black colored printer to fill in the hazard information. The regulations prohibit empty red frames, so black cover-up diamonds have been used to conceal the empty red frames on labels but have been cause for several concerns. To resolve this issue, NACD asked OSHA if it is acceptable to print "Intentionally Blank," "No GHS pictogram," or other similarly phrased text in black lettering inside empty red frames to indicate no additional hazards are associated with a chemical. To read NACD's letter to OSHA, visit http://www.nacd.com/regulatory/issues/ or click here.
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EPA Conducting General Duty Clause Inspections
NACD
From Aug. 5: NACD has learned the U.S. Environmental Protection Agency (EPA) Region III is conducting Clean Air Act Section 112(r)(1) General Duty Clause inspections for Risk Management Program (RMP)-listed chemicals below the threshold quantity. Click here to view the inspection checklist, which contains a number of RMP Program 2 and 3 elements, plus some additional items.
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EPA Sending Notices of Potential RMP Noncompliance
NACD
From Feb. 18: The U.S. Environmental Protection Agency has sent Notices of Potential Non-Compliance with Risk Management Program regulations to numerous facilities, including NACD members, based on their Emergency Planning and Community Right-to-Know Act Tier II submissions. This is an effort by EPA to find RMP "outliers" and is related to the Chemical Safety and Security Executive Order activities. Click here for a copy of the letter. Receipt of one of these notices does not mean a facility is noncompliant.
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NACD Releases Updated Regulatory Checklist and Table Format
NACD
From Aug. 26: An updated version of the Regulatory Checklist and Resources for Chemical Distributors document is now available. The latest changes include the addition of the Alcohol and Tobacco Tax and Trade Bureau's regulation on Denatured Alcohol and several new and updated links to various resources. The Regulatory Checklist is a valuable tool for members that includes a list of the major federal regulations applicable to chemical distributors and links to find out more about these requirements. The lists are available here.
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OSHA Updates Its Inspection Procedures for the Respiratory Protection Standard
NACD
From Aug. 19: The U.S. Occupational Safety and Health Administration (OSHA) recently updated its Respiratory Protection Directive, which provides guidance to the OSHA national, regional, and area offices for performing compliance inspections involving the agency's Respiratory Protection Standard, 29 CFR 1910.134. The directive informs industry concerning OSHA's policy and procedures for implementing intervention and inspection programs to reduce or eliminate workplace exposures related to hazardous airborne substances. This directive replaces the previous instruction issued in 1998.
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Senate Committee Chair Torpedoes TSCA Reform Bill
NACD
From Sept. 23: Last Thursday, Senate Environment and Public Works (EPW) Committee Chairwoman Barbara Boxer (D-Calif.) unveiled her revisions to a bipartisan TSCA reform discussion draft. Boxer's proposed revisions included the full text of what EPW Committee Ranking Member David Vitter (R-La.) characterized as a confidential draft version of the TSCA reform bill that was still being negotiated.
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NACD Asks California to Drop Proposal to Require Warnings for 12 Specific Chemicals under Prop 65
NACD
From Nov. 11: Last week, NACD joined numerous organizations in sending a letter to the California Office of Environmental Health Hazard Assessment (OEHHA) asking the agency to remove a proposed amendment to the Prop 65 regulations requiring businesses to call out 12 specific chemicals on warning labels. The letter stated that the additional warning would confuse consumers, create an unwieldy process for businesses, and open businesses to a new area of bounty hunter litigation.
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EPA Issues Notice on TSCA Chemical Data Reporting
NACD
From May 20: Last week, the U.S. Environmental Protection Agency issued a notice to highlight the reporting requirements for the 2016 Chemical Data Reporting. EPA advises manufacturers (including importers) that they need to report production volume information for calendar years 2012, 2013, 2014, and 2015. The agency notes that while submitters will not report to EPA until 2016, they should start keeping track of their production volumes for these four years. For the 2016 CDR, the principal reporting year will be calendar year 2015. Full manufacturing, processing, and use information will be required only for 2015.
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NACD Petitions OSHA for HazCom2012 Compliance Deadline Extension
NACD
From Aug. 19: Last week, NACD joined eight other organizations in sending a petition to the U.S. Occupational Safety and Health Administration (OSHA) asking the agency to provide relief from the implementation dates for labels and safety data sheets (SDSs) under the Hazard Communication Standard (HCS) for chemical product formulators. NACD and the other groups filed the petition because of the lack of updated hazard classifications for raw materials down the supply chain.
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OSHA Hazcom2012 Compliance
NACD
From Sept. 23: NACD staff recently spoke with the Occupational Health and Safety Administration (OSHA) Directorate of Standards and Guidance, Office of Chemical Hazards, to clarify compliance questions for chemical distributors. OSHA confirmed that the Hazcom2012 guidelines are product based and apply differently to manufacturing operations and traditional distribution operations.
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NACD NewsBrief
Colby Horton, Executive Vice President of Publishing, 469.420.2601
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Valerie Hunt, Assistant Executive Editor, 469.420.2690   
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Matthew McKinney, NACD Manager, Public Affairs, 703.527.6223   

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