July 3, 2007 Volume # 8 Issue # 14

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 Legislative Victory for NACD – Senate Soundly Defeats Employee Free Choice Act CFATS Update – NACD Awaiting Publication of Final Appendix A Supreme Court Grants Greater Manufacturer Control Over Re-Sale Pricing PHMSA Cedes Motor Carrier Security Rulemaking to TSA California Green Chemistry Initiative Underway   Responsible Distribution Process RDP Orientation & Workshop -- September 17-18, 2007 Reduce Your Supplier Audits Networking and Education Northeast Region Meeting - October 11-12, 2007 NACD OPSEM2007, Nashville, TN, September 19-21 2007 Annual Meeting Chemical Education Foundation Mark Your Calendars Thank You!   Calendar of Events   Education and Training   Annual Meeting   OPSEM Legislative Victory for NACD – Senate Soundly Defeats Employee Free Choice Act   Last week, the Senate defeated the so-called “Employee Free Choice Act” by a vote of 51-48. The vote was on a procedural motion to invoke cloture, or cut off debate, and proceed to consideration of the bill. Votes on cloture require 60 “yes” votes to pass, so the results of this attempt fell well short. Failure of this vote is a legislative victory for NACD. The “Employee Free Choice Act” would have taken away employees’ ability to vote to recognize a union by secret ballot, and replaced it with a card check process, where employees would be forced to make their choices in front of union organizers and pro-unionization employees. Thanks to all of you who responded to the NACD Legislative Action Alert sent on this issue and to those of you who expressed your opposition to this bill during the Washington Fly-In in May. To find out how your Senators and Representatives voted on the bill, enter your zip code into the “Write to Congress” box on the NACD home page, click on the “Issues & Legislation” tab, and click on “Employee Free Choice Act” under “Key Votes.” The House approved the bill in March by a vote of 241-185. While defeat of this bill in the Senate is a major victory, the labor unions that have made enactment of this legislation their top priority have vowed to intensify their efforts. If you have any questions or would like more information, please contact NACD Vice President of Government & Public Affairs Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.       Back to Top   CFATS Update – NACD Awaiting Publication of Final Appendix A   NACD continues to anticipate the publication of the final Appendix A list of chemicals and quantities to trigger completion of the Top Screen consequence assessment under the Chemical Facility Anti-Terrorism Standards (CFATS). This list could be published in the Federal Register any day now. Upon its publication, NACD will notify the membership through a special Regulatory Alert, so please watch for an e-mail from Jennifer Gibson. Once the list is published, facilities with specified quantities of the chemicals on the list will have 60 days to complete the Top Screen using the DHS Chemical Security Assessment Tool (CSAT). If you have not yet registered for CSAT access, please visit http://www.DHS.gov/chemicalsecurity to do so. It is a good idea to check this site frequently for updates and new materials on CFATS.       Back to Top   Supreme Court Grants Greater Manufacturer Control Over Re-Sale Pricing   Last week, in Leegin Creative Products, Inc. v. PSKS, Inc., the U.S. Supreme Court ruled that a manufacturer does not necessarily violate antitrust laws by establishing a minimum resale price for its products and enforcing the policy by terminating a wholesaler-distributor or other reseller who sells below that minimum price. The Court determined that these types of agreements should instead be judged by a “rule of reason” standard on a case-by-case basis. This decision overturned a 1911 Supreme Court decision that it is automatically a violation of antitrust laws for a manufacturer to establish a minimum resale price for its products and enforce that agreement by terminating a reseller who sells below that minimum price.  For a copy of the decision, go to http://www.supremecourtus.gov/opinions/06pdf/06-480.pdf.       Back to Top   PHMSA Cedes Motor Carrier Security Rulemaking to TSA   Last Wednesday, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice in the Federal Register announcing the withdrawal of an advance notice of proposed rulemaking (ANPRM) under Docket HM232-A, Security Requirements for Motor Carriers Transporting Hazardous Materials. PHMSA stated that it was withdrawing the ANPRM and closing the rulemaking because the Transportation Security Administration (TSA) is now the lead agency for rulemaking addressing motor carrier shipments of hazardous materials. This is consistent with a memorandum of understanding (MOU) signed by DHS and DOT in September 2004 regarding the security roles and responsibilities of these two agencies as well as an annex to the MOU signed by TSA and PHMSA last August. In April, TSA released a draft of 27 voluntary security action items for the highway transportation of high security hazardous materials and is now evaluating comments received on the list. While these action items will initially be voluntary, they could become the basis for a rulemaking later, as happened with the rail sector. For a copy of the PHMSA withdrawal notice, go to http://www.access.gpo.gov/su_docs/fedreg/a070627c.html and scroll down to Pipeline and Hazardous Materials Safety Administration. If you would like a copy of TSA’s security action items, contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.       Back to Top   California Green Chemistry Initiative Underway   The California Department of Toxics Substances Control has launched a Green Chemistry Initiative, which, according to a California Environmental Protection Agency press release, will “provide recommendations for developing a consistent means for evaluating risk, reducing exposure, encouraging less-toxic industrial processes, and identifying safer, non-chemical alternatives.” The notice also references the European Union’s REACH regulation as a measure adopted to “evaluate hazards and reduce exposure to toxic chemicals.” For more information, or to participate in the process, go to http://www.dtsc.ca.gov/PollutionPrevention/GreenChemistryInitiative/index.cfm. An initial stakeholder meeting was held last week in Sacramento, and several additional meetings will be held through early December. Interested parties are also invited to participate in a blog through the Web site listed above. The Chemical Industry Council of California (CICC) is actively participating in the Green Chemistry Initiative. If you would like more information on these efforts, contact CICC Executive Director John Ulrich at jrulrich@comcast.net or 916/989-9692.       Back to Top   RDP Orientation & Workshop -- September 17-18, 2007   Register today at /docs/events/opsem/2007/pdf/07Registration.pdf.  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 for the hotel's information -- /events/opsem/. 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 member companies that 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   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 NACD Regional meetings, visit /about/regions/.       Back to Top   NACD OPSEM2007, Nashville, TN, September 19-21   Attendees, please let us know if you would like to join in the golf outing on Tuesday, September 18 from 1 p.m. - 6 p.m. A separate registration form will be e-mailed to you upon request. Note that this event coincides with the RDP Workshop that same day. To download a registration form, go to /docs/events/opsem/2007/pdf/07Registration.pdf. Affiliates, 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 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 Important Notice: If you have not booked your rooms for the Annual Meeting yet, please read the following updates on Room Availability at the El Conquistador and Las Casitas Village.   -- Rooms are almost sold out at the hotel – please call the hotel directly today at 787/863-1000 to make your room reservation for the upcoming NACD Annual Meeting. When making your room reservations, you must identify yourself as being with the NACD group to get these rates. -- Hotel Availability: Rooms are available from Nov. 25-8 and Nov. 30-Dec. 2 at the $125 room rate. (As of July 2, only 50 rooms are available each night – SOLD OUT Nov. 24 & 29). Try Expedia, Hotels.com, etc., to book a room at the El Conquistador’s main hotel or Las Casitas. Note: This is outside of NACD’s room block and rate. There are rooms available; however, it appears they have a 3-day minimum booking requirement. -- Las Casitas Village Availability (also in resort): As of July 2, there are 3 standard casita rooms available from Nov. 25-30 for $219/night NACD rate.  -- There are also 23 garden suites available beginning at $450 per night for a 1-bedroom suite, $575 for 2 bedrooms, and $725 for 3 bedrooms. There are also 20 ocean view suites starting at $550, $675, and $825 – all available as of 7/2/07. This would be a great option for several employees from the same company. -- NACD is currently working out a room rate at the Wyndham Rio Mar Resort (formerly the Westin Rio Mar) and will keep you updated on this. Please check for important updates on the Hotel at: /events/annual_meeting/home.aspx.       Back to Top   Mark Your Calendars   Mark your calendars to attend the 2008 National You Be The Chemist Challenge on June 13. Students from across the country will again gather at the Chemical Heritage Foundation in Philadelphia, PA, for this exciting academic competition. Please view www.chemed.org for updates.       Back to Top   Thank You!   CEF would like to thank Research Solvents & Chemicals, Inc., of Pelham, AL, for the recent purchase of CEF's Solutions Bulletin, The Safe Handling & Disposal of Paint. CEF currently has six Solutions and Product Stewardship Bulletins available for purchase. For a complete list of titles, please visit the CEF Web site at http://www.chemed.org/Bulletins.html.       Back to Top