June 5, 2007 Volume # 8 Issue # 12

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 Language Dropped – Legislative Victory Brief Chemical Security Rule to Take Effect on Friday, But Final List of Chemicals Will Not Be Ready Congress and DOT Focus on Rail Safety REACH Now in Force – European Chemicals Bureau Issues Guidance Responsible Distribution Process   RDP Orientation & Workshop -- September 17-18, 2007 Reduce Your Supplier Audits Networking and Education NACD Regional Meetings NACD OPSEM2007, Nashville, TN, September 19-21 2007 Annual Meeting New NACD Member and Affiliates Chemical Education Foundation Chemical Companies, Affiliated Organizations Sponsor National Chemistry Competition CEF Now Accepting Lesson Plan Competition Entries   Calendar of Events   Education and Training   Annual Meeting   OPSEM Chemical Security Language Dropped – Legislative Victory Brief   The emergency supplemental appropriations bill signed by the President just before Memorial Day to fund continued operations in Iraq and Afghanistan does not include language that would change the Department of Homeland Security’s (DHS) chemical security rule scheduled to take effect this week. Earlier versions of the bill had included language to explicitly allow states and localities to adopt and enforce chemical security regulations more stringent than federal standards. In a recent press release, NACD President Chris Jahn said, “NACD is pleased that Congress dropped the chemical security provisions from this unrelated legislation. This is a victory not only for the chemical industry, but for the entire nation. For the first time since the 9/11 terrorist attacks almost six years ago, high-risk chemical facilities throughout the nation will be required by law to conduct vulnerability assessments and implement site security plans," he continued. "Congress needs to give the new regulations a chance to work before changing the rules.” Thanks goes to the 54 NACD member company participants who met with their Senators, Representatives, and congressional staff members during the Washington Fly-In to urge them to allow the new chemical security rules to be fully implemented and tested before enacting new legislation. Unfortunately, this is only one battle, and some in Congress are determined to change the chemical security rules through other legislation. In fact, the FY08 Homeland Security Appropriations bill, as passed by the House Appropriations Committee early this week, contains the language to allow states and localities to adopt more stringent standards and to change information protection standards for vulnerability assessments and site security plans. NACD will strongly support efforts to remove this language when the bill goes before the full House and the Senate.       Back to Top   Chemical Security Rule to Take Effect on Friday, But Final List of Chemicals Will Not Be Ready   The Chemical Facility Anti-Terrorism Standards (CFATS) will take effect this Friday, June 8; however, the final list of chemicals and quantities (Appendix A) to determine whether or not a facility must complete the Top Screen consequence assessment will not be ready for release on that date. Unless your facility hears otherwise from the Department of Homeland Security (DHS) through phone calls and a letter, the 60-day time period in which the Top Screen must be completed will not begin until the final chemicals list is published. The Top Screen tool, along with the Chemical-terrorism Vulnerability Information (CVI) requirements, will become effective as scheduled on June 8. DHS’s proposed changes to Appendix A include the removal of a handful of chemicals, including acetone, the establishment of specific quantities for all substances (although some very small) to replace “any amount,” and a clarification that all gasses are “contained” gasses. Regarding mixtures, substance percentages to trigger Top Screen completion will be specified, and the Risk Management Program (RMP) mixture rule will be used for RMP chemicals. Please note that these proposals must clear the DHS Secretary’s office, the Office of Management and Budget, and the White House before they are official. NACD will notify members when the list is finalized. Also, DHS expects to soon post several helpful documents on the Chemical Security Assessment Tool Web site at http://www.DHS.gov/chemicalsecurity, including the Top Screen Questions, a Top Screen User Guide, and a CVI Procedures Guide.       Back to Top   Congress and DOT Focus on Rail Safety   On May 22, the Railroads, Pipelines, and Hazardous Materials Subcommittee of the House Transportation and Infrastructure (T&I) Committee approved H.R. 2095, the Federal Railroad Safety Improvement Act, which would address employee fatigue, grade crossing accidents, and technology upgrades. The bill would also increase the number of federal rail safety inspectors and increase civil penalties for rail safety violations. The full T&I Committee will consider H.R. 2095 in the near future. One of NACD’s primary concerns with this legislation is a possible effort by the railroad industry to reduce its liability through the creation of a fund into which hazardous materials shippers and carriers would be required to pay in order to establish a pool of money to be used in the event of a major incident. This proposal is not in H.R. 2095, but has been floated around Capitol Hill. NACD has expressed concerns about this proposal to the T&I Committee staff. Also on May 22, the Surface Transportation and Merchant Marine Infrastructure, Safety, and Security Subcommittee of the Senate Commerce, Science, and Transportation Committee held a hearing on rail safety. During this hearing, Senator Charles Schumer (D-NY) urged passage of his rail safety legislation, H.R. 1438, the Rail Crossing and Hazardous Materials Transport Act, which he had introduced the previous day. To view witness testimony or the entire hearing, go to http://commerce.senate.gov, click on “Hearings” and then click on “May 2007.” Finally that day, the U.S. Department of Transportation (DOT) announced its rail safety agenda for 2007, with reducing human error and completing research on new hazardous materials tank car design standards as the top priorities. For more information on the DOT rail safety plan, to go http://www.fra.dot.gov/us/content/1554.       Back to Top   REACH Now in Force – European Chemicals Bureau Issues Guidance   The European Union’s registration, evaluation, and authorization of chemicals (REACH) law went into effect on Friday, June 1. The first major REACH milestone will be pre-registration of substances, which will begin on June 1, 2008, and last until November 30, 2008. The European Chemicals Bureau has developed several documents to assist affected companies with compliance in areas such as identifying substances and registration. These documents and other helpful information can be found at http://ec.europa.eu/echa/reach_en.html.        Back to Top   RDP Orientation & Workshop -- September 17-18, 2007   If you are attending this meeting in Nashville, please make your room reservations now. Go to http://marriott.com/property/propertypage/bnash?groupCode=chechea&app=resvlink or go to the OPSEM Web site at www.nacd.com/events/opsem for the hotel's information. FYI -- Monday, September 17 is sold out at the Renaissance! If you need a room for the 17th, please call the Renaissance and ask them to book you at the Courtyard Marriott directly. The hotel is only two blocks away.       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   NACD Regional Meetings   Central Region Meeting - June 19-20, 2007 The Ritz-Carlton, St. Louis, MO NACD Group Room Rate: $199 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 Millennium 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   NACD OPSEM2007, Nashville, TN, September 19-21   Affiliates, not all of you are registered to exhibit at this year's OPSEM. It's not too late to register for a booth -- go to /events/opsem/exhibit.aspx. Monday, September 17 is sold out at the hotel! Please call the Renaissance if you need a room for Monday -- they can book you at the Courtyard Marriott which is only two blocks away. Make your reservations today at http://marriott.com/property/propertypage/bnash?groupCode=chechea&app=resvlink or call the Renaissance Nashville. For the most current OPSEM 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. Check out the optional tours and activities available during the week on NACD's Web site. For details and to view the program schedule for the meeting, visit www.nacd.com/events/annual_meeting/events.aspx.       Back to Top   New NACD Member and Affiliates   NACD would like to welcome its newest member and Affiliates: Candidate Member: PERIN Resources LLC Non-Chemical Handler Affiliates: NSF International and Osen-Hunter Group LLC       Back to Top   Chemical Companies, Affiliated Organizations Sponsor National Chemistry Competition   The third annual National You Be The Chemist (YBTC) Challenge competition will be held June 15 at the Chemical Heritage Foundation (CHF) in Philadelphia, PA. This year's competition is sponsored by AIG Environmental of New York, NY; Arch Chemicals, Inc., of Norwalk, CT; Expo Chemical Co., Inc., of Houston, TX; and Thames & Kosmos of Portsmouth, RI. Thirteen students, more than double the number of participants last year, representing local YBTC Challenge sites in Texas, Michigan, Kentucky, Illinois, Pennsylvania, Massachusetts, North Carolina, South Carolina, and Oklahoma will come together for an academic competition that tests participant knowledge of important chemistry concepts, discoveries, and safety awareness. In addition to winning fun prizes, participants and a chaperone will be treated to events around the Philadelphia area, including a tour of CHF and an afternoon at the Franklin Institute of Science. The YBTC Challenge program is growing! Additional sites are already signing up for the 2007-2008 YBTC Challenge year. If you are interested in getting your company or community involved in the YBTC Challenge, please contact the CEF staff at 703/527-6223.       Back to Top   CEF Now Accepting Lesson Plan Competition Entries   CEF is now accepting submissions for the 2007 You Be The Chemist Lesson Plan Competition. Winners will be selected in one of three categories: Scientific Inquiry, Structure of Matter, and Human and Environmental Chemistry. In each category, the 1st-place winner receives $1,000, 2nd place wins $500, and the 3rd-place prize is $250. Each 1st place category winner's school will receive $250 for purchasing science education material! The first 50 entrants will receive a You Be The Chemist kit. For more information or to view examples of past winning lesson plans, please direct educators to http://www.chemed.org/Lesson_Plan.html. The deadline for submissions is December 21.       Back to Top