May 8, 2007 Volume # 8 Issue # 10
A bi-weekly source for Association news and regulatory and legislative developments affecting the chemical distribution industry.
NACD News - Table of Contents Legislative and Regulatory Updates Chemical Security Rule Updates HazMat Registration Fees – Regulatory Victory – For Now R&D Tax Credit Bill Introduced OSHA Issues Training Standards Memo Responsible Distribution Process Spring RDP Code Coordinator Orientation & Workshop -- Recap RDP Orientation & Workshop -- September 17-18, 2007 Reduce Your Supplier Audits Networking and Education Washington Fly-In Next Week – May 15-16 NACD OPSEM2007, Nashville, TN, September 19-21 2007 Annual Meeting 2007 Regional Meetings New Chemical Handler Affiliate Chemical Education Foundation CEF to Present Vanguard Award First State-Level You Be The Chemist Challenges Held Thank You!    Calendar of Events Central & Southern Regional Meetings -- Deadlines Fast Approaching!   Education and Training   Annual Meeting   OPSEM   Chemical Security Rule Updates   The Department of Homeland Security (DHS) published a notice in the Federal Register on April 25 strongly recommending that facilities register now for the Chemical Security Assessment Tool (CSAT). The CSAT includes the Top Screen questionnaire, the Security Vulnerability Assessment (SVA) tool, and the Site Security Plan (SSP) template. User registration is the first step in the process of determining whether facilities are covered by the chemical security interim final rule published on April 9, 2007. Through the registration process, facilities will provide basic information to DHS (e.g., name, contact information, address) through an on-line form and DHS will create an account and provide to each approved user a user identification and password to access the CSAT system. Users must also sign a registration form and return it to DHS. Facilities are being asked to register early so that they will be able to begin completion of the Top Screen upon the rule’s effective date of June 8, 2007. Facilities will have 60 days after the effective date to complete and submit the Top Screen. To begin the registration process, go to http://www.DHS.gov/chemicalsecurity and follow the instructions for gaining access to the CSAT. Comments on Appendix A of the chemical security interim final rule are due to DHS tomorrow, May 9, 2007. NACD will submit comments on the list, raising concerns about the inclusion of chemicals that do not pose a security risk and the low threshold quantities. Please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103 with any comments or suggestions you would like to have included. In addition, each company is encouraged to submit its own comments directly to DHS by following the instructions on the first page of the interim final rule. Please contact Jennifer Gibson if you need a copy of the rule.       Back to Top    HazMat Registration Fees – Regulatory Victory – For Now   Last Thursday, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published in the Federal Register a final rule on hazardous materials registration fees. The rule states that the registration fees will not be increased at this time. Last summer, PHSMA released a proposed rule proposing to increase the fee for those not qualifying as small businesses or not-for-profit organizations from $975 to $1975, plus a $25 administrative fee, for registration year 2007-2008 and to $2975, plus the $25 fee, for registration years 2008-2009 and following years. Fees for small businesses would not have increased under the proposal. The increases were proposed to fully fund the Hazardous Materials Emergency Preparedness (HMEP) grant program, which Congress authorized to be funded at a level of $28 million as part of the 2005 highway bill, double its previous level. NACD submitted comments on October 13, 2006, raising objections to the fee increases, pointing out that in 2003, the Department of Transportation was forced to issue refunds to registrants because of a substantial surplus in the HMEP fund. In the May 3 final rule, PHMSA states that the fee increases will not be put into place because the HMEP program is operating under a continuing resolution at the previous level of $14.3 million rather than the requested level of $28 million. However, the agency notes that fee increases may be proposed in future years if appropriations for the grant program increase. For a copy of the final rule, go to http://www.gpoaccess.gov/fr/index.html, type “page 24536” (including the quotation marks) into the top box, and hit the submit button.       Back to Top      R&D Tax Credit Bill Introduced   Last week, two senior members of the House Ways and Means Committee, Representatives Sander Levin (D-MI) and Dave Camp (D-MI), introduced legislation, H.R. 2138, to increase and make permanent the research and development (R&D) tax credit. The Chairman of the Senate Finance Committee, Sen. Max Baucus (D-MT), introduced similar legislation, S. 41, in January. The current R&D tax credit is set to expire at the end of the year. The original R&D tax credit was put into place in 1981 and has been extended 12 times.       Back to Top    OSHA Issues Training Standards Memo   Last month, Occupational Safety and Health Administration Administrator Edwin Foulke issued a memo stating that OSHA-required training must be presented to employees in a manner that they can understand. Specifically, this means that the information must be presented in a language and vocabulary that can be understood. For example, if an employee is illiterate, providing reading materials to him will not meet the requirement. OSHA compliance officers are responsible for determining whether or not training requirements have been met. A copy of the memo is posted at http://www.osha.gov under “Interpretations.”       Back to Top    Spring RDP Code Coordinator Orientation & Workshop -- Recap   More than 35 Responsible Distribution ProcessSM (RDP) Code Coordinators, both new and experienced from the United States and Mexico, attended the RDP Code Coordinator Orientation & Workshop on May 1-2 in Baltimore, MD. Scheduled twice a year, these sessions provide the latest updates on NACD’s RDP program. The RDP Code of Management Practice, RDP Guiding Principles, and the RDP Verification process were among the issues that were reviewed. The next Code Coordinator Orientation & Workshop will be September 17-18, 2007, in Nashville prior to OPSEM.       Back to Top    RDP Orientation & Workshop -- September 17-18, 2007   If you are attending this meeting in Nashville, please make sure you make your room reservations early. We have only a few rooms left for arrival on Monday, September 17, 2007. If you are attending the orientation, please make sure to book your rooms soon. Go to http://marriott.com/property/propertypage/bnash?groupCode=chechea&app=resvlink or go to the OPSEM Web site at www.nacd.com/events for the hotel's information.        Back to Top    Reduce Your Supplier Audits   Interested in reducing your supplier audits? Then, encourage your suppliers (this includes other NACD distributor members who act as suppliers to you as well) to participate in the Supplier-nominated RDP Verification process. Visit /dist_process/srdpv.aspx to learn more and to view a list of current Supplier Funders.       Back to Top    Washington Fly-In Next Week – May 15-16   The NACD Washington Fly-In takes place next Tuesday and Wednesday. We have record attendance this year with 53 individuals have signed up for the program. This important event will feature a full day of meetings with Senators and Representatives on Capitol Hill with well over 100 meetings scheduled as well as the opportunity to interact with high level officials from the agencies whose regulations most impact NACD members. DHS Assistant Secretary for Infrastructure Protection Robert Stephan will speak to participants on Tuesday, May 15 following the “Congress 101” briefing session, a very timely presentation as the new chemical security interim final rule will take early next month. The final event of the Fly-In late Wednesday afternoon will be a special meeting with DOT Acting Deputy Secretary/PHMSA Administrator Thomas Barrett. This will be an excellent opportunity to discuss HazMat transportation security initiatives and to educate Deputy Secretary Barrett on how RDP promotes the safe and secure transportation of HazMat.       Back to Top    NACD OPSEM2007, Nashville, TN, September 19-21   Please note that hotel rooms are almost sold out for Monday, Sept. 17 and Tuesday, Sept. 18 arrivals. Make your reservations today directly at http://marriott.com/property/propertypage/bnash?groupCode=chechea&app=resvlink. For more information on who is exhibiting at OPSEM, go to www.nacd.com/events/opsem/exhibit.aspx. Early Bird Sponsors are listed at www.nacd.com/events/opsem/sponsor.aspx. For the most current program schedule and sessions descriptions, visit www.nacd.com/events/opsem/events.aspx.         Back to Top    2007 Annual Meeting   El Conquistador Golf Resort & Casino, Las Croabas, Puerto Rico November 26-20, 2007 The NACD room block is filling up. Reserve your room today at /events/annual_meeting. We have selected a keynote speaker and several session speakers. For details and to view the program schedule for the meeting, visit www.nacd.com/events/annual_meeting/events.aspx.       Back to Top    2007 Regional Meetings   Central Region Meeting - June 19-20, 2007 The Ritz-Carlton, St. Louis, MO NACD Group Room Rate: $199.00 nightly + taxes Reservations: 800/241-3333 by the deadline of Friday, May 25 Southern Region Meeting - June 24-26, 2007 Amelia Island Plantation, Amelia Island, FL Call 1/888-261-6165 for NACD Group rates. Northeast Region Meeting - October 11-12, 2007 The Millenium Boston Hotel, Boston, MA NACD Group Rate: $349 Reservations: 617/523-3600 For more information on all upcoming NACD Regional meetings, visit /about/regions/.       Back to Top    New Chemical Handler Affiliate   NACD would like to welcome its newest Chemical Handler Affiliate, Weber Distribution of Santa Fe Springs, CA.       Back to Top    CEF to Present Vanguard Award   Richard (Dick) A. Peacock, President of PVS-Nolwood Chemicals, Inc., located in Detroit, MI, will be presented with the prestigious Vanguard Award on May 14 at the University Club in Washington, DC. Dick will be honored for his commitment to chemistry education and outreach activities within his community. The event will begin with a 6 p.m. reception, followed by dinner, a guest speaker, and the award ceremony. Attendees include representatives from the chemical distribution and manufacturing industries, as well as affiliated organizations. The ceremony also kicks off NACD's Annual Washington Fly-In. For more information on this year's winner and ceremony, please visit the CEF Web site at www.chemed.org.       Back to Top    First State-Level You Be The Chemist Challenges Held   Two states, Illinois and Michigan, held their State-Level You Be The Chemist (YBTC) Challenge competitions on May 1 and May 5, respectively. State YBTC Challenges are held if more than two Regional YBTC Challenge sites exist within a state. The top winners from each Regional YBTC Challenge advanced to the State YBTC Challenge and the top two winners from each State YBTC Challenge move on to compete in the National YBTC Challenge to be held on June 15 at the Chemical Heritage Foundation in Philadelphia, PA. Representing Illinois are Christopher Pillay of Mead Junior High School in Elk Grove, IL, and Alex Ball of Lincoln Junior High School in Mount Prospect, IL. Representing Michigan are Genevieve Lee of Carlton Middle School in Detroit, MI, and Caity Bateson of Pentwater Middle School in Pentwater, MI. The first-place winner of the Michigan State Challenge, Yichuan (Lulu) Wang of Jefferson Middle School in Midland, MI, will be traveling out of the country in June and will not be able to attend the National Challenge. For more information on the State and National YBTC Challenges or to find out how your community can participate in a 2007-2008 YBTC Challenge, please visit the CEF Web site at www.chemed.org or contact the CEF staff at 703/527-6223.       Back to Top     Thank You!   CEF would like to thank Brenntag SouthWest of Lancaster, TX, Producers Chemical Company of Batavia, IL, and Conchemco, Ltd of Dallas, TX, for their recent purchases of CEF's Solutions and Product Stewardship Bulletins.       Back to Top