July 17, 2007 Volume # 8 Issue # 15

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 CFATS Update – Final Appendix A Anticipated by End of Month PHMSA Proposes Rule to Clarify Requirements for Emergency Response Phone Numbers Chemical Safety Board Calls for Increased Regulatory Authority Action Now Possible on 9/11 Commission Recommendation Legislation -- Cargo Provision in Limbo  House Science Committee Approves Green Chemistry Legislation DOT Issues Final Rule Setting Higher Penalties for Violations Coast Guard Extends Compliance Deadline for TWIC Requirement ChemAlliance Requests Your Survey Participation 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 CEF Staff Members to Lend a Hand at Cub Scout Day Camp   Calendar of Events   Education and Training   Annual Meeting   OPSEM CFATS Update – Final Appendix A Anticipated by End of Month   NACD has learned from the Department of Homeland Security (DHS) that the agency fully intends to publish the final Appendix A list by the end of this month. The list is now undergoing the last stages of administrative review and will be released as soon as this is completed. Upon its publication, NACD will notify the membership through a special Regulatory Alert, so please watch for an e-mail from NACD Vice President of Government & Public Affairs Jennifer Gibson. If you have not yet registered for access to the DHS Chemical Security Assessment Tool (CSAT), please do so as soon as possible. DHS has caught up from the backlog of initial registrations and is now able to process requests quickly. However, once the final Appendix A list is published, DHS expects a big influx of requests, which could slow down processing and the ability to access the Top Screen for those not yet registered. Please note that if you register based on the original Appendix A list and end up not being required to complete a Top Screen based on the final list, DHS will simply delete your account from the system, and there will be no repercussions. Also, please note that DHS will not accept registrations using free e-mail accounts such as Yahoo, Hotmail, or AOL. E-mail addresses must be tied to a company e-mail or other paid account such as Verizon or Comcast. Be sure to regularly visit http://www.DHS.gov/chemicalsecurity for new information and updates. One new addition is a 20-minute audio conversation with Chemical Security Compliance Division head Larry Stanton on the CFATS requirements. This should be particularly helpful for anyone who was unable to attend the Chemical Security Summit in June. If you have any questions, please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.       Back to Top   PHMSA Proposes Rule to Clarify Requirements for Emergency Response Phone Numbers   Earlier this month, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Proposed Rulemaking (NPRM) to clarify requirements regarding emergency response information services provided through arrangements with hazardous materials offerors. The current Hazardous Materials Regulations (HMR) require that HazMat shipments be accompanied by shipping papers and other documentation to inform emergency responders and transportation workers about the hazards association with specific shipments. This information must include an emergency response telephone number that connects a caller to the offeror or to a third-party capable of, and accepting responsibility for, providing detailed information about the HazMat shipment. In the NPRM, PHMSA describes problems that have occurred when the shipping paper lists the phone number of the emergency response service provider, but no information about the original shipper. In some of these cases, the emergency service provider has been unable to communicate product-specific information. To address these problems, PHMSA is proposing to require the entity that originally offers a hazardous material for transportation to be identified not only on the originating shipping paper, but also on any subsequent shipping papers. Specifically, any entity preparing a shipping paper would be required to identify the original shipper, by name or contract number, with the emergency response number indicated on the shipping paper, and clearly note the association with the emergency response number. PHMSA is accepting comments on the NPRM until August 31. To access a copy, go to http://www.gpoaccess.gov/fr/index.html, type “page 35961” into the top box, and hit the submit key. The NACD Transportation Task Group will analyze the NPRM and assist NACD in developing comments to submit to PHMSA. If you would like to be involved in this effort, please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.       Back to Top   Chemical Safety Board Calls for Increased Regulatory Authority   Last week, the Transportation Safety, Infrastructure Security, and Water Quality Subcommittee of the Senate Environment and Public Works Committee held a hearing entitled, “Lessons Learned from Chemical Safety Board (CSB) Investigations, Including Texas City, Texas.” The key witness was CSB Chairman Carolyn Merritt, who pointed out shortcomings in chemical safety regulation by the Environmental Protection Agency (EPA) through its Risk Management Program and the Occupational Safety and Health Administration (OSHA) through its Process Safety Management Regulation. She noted that both agencies need more chemical expertise and resources to enforce the regulations. She also called for increased authority for the CSB, including clearer authority to preserve and test evidence, and access to EPA and OSHA records and personnel while conducting investigations. Subcommittee Chairman Frank Lautenberg (D-NJ) announced that he would draft legislation in the coming weeks “to strengthen the CSB and improve its operating ability to investigate the root causes of accidents.” Other witnesses at the hearing included representatives from the EPA, United Steelworkers, and Center for Chemical Process Safety, and a victim of the Texas City incident. To view an archived Web cast of the hearing, or to read the testimony, go to http://epw.senate.gov, click on hearings, and scroll down to July 10. In related news, Chairman Merritt’s five-year term expires on August 2, and she will not serve another term. On Wednesday, the White House announced that John Bresland, a current member of the CSB, would be nominated to be the new Chairman. The White House also announced the nomination of C. Russell Shearer, to fill a vacancy on the Board. Shearer is currently the Deputy Chief for Enforcement and Technical Matters in the Office of Health, Safety, and Security at the Department of Energy (DOE).       Back to Top   Action Now Possible on 9/11 Commission Recommendation Legislation -- Cargo Provision in Limbo    Last week, one of the hurdles that has held up further consideration of the legislation to adopt the remaining 9/11 Commission recommendations was removed when Democrats agreed to drop a controversial provision to grant collective bargaining rights to airport security screeners. The Senate has appointed conferees to the legislation, and the House is expected to do so shortly. One troublesome provision still in play is the requirement in the House version of the bill that, within five years, all shipping containers be scanned at foreign ports before being allowed to enter the United States. The business community has argued that this requirement would cause major trade and supply chain disruptions. The Senate bill includes a less onerous requirement for DHS to develop a plan for screening cargo, but does not mandate a deadline. It is unclear whether rail and mass transit security measures will be included in the final package.       Back to Top   House Science Committee Approves Green Chemistry Legislation   On Wednesday, the House Science and Technology Committee approved H.R. 2850, the Green Chemistry Research and Development Act, sponsored by Rep. Phil Gingrey (R-GA). The legislation would establish programs to promote and coordinate federal green chemistry research and development activities throughout several agencies including the National Science Foundation, the National Institute of Standards and Technology, EPA and DOE. Rep. Gingrey said that the legislation is needed because the federal government currently invests few resources into research that will facilitate the development of chemical products and processes that reduce or eliminate hazardous substances. The House passed similar legislation in the 108th and 109th Congresses, but the Senate did not take up the legislation. For a copy of H.R. 2850, go to http://thomas.loc.gov, type H.R. 2850 into the top box, mark the bill number circle, and hit the search key.       Back to Top   DOT Issues Final Rule Setting Higher Penalties for Violations   On July 5, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule in the Federal Register to implement several provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the highway reauthorization bill enacted in August 2005. In the area of HazMat, the final rule raises the maximum civil penalty to $100,000 per offense in cases where a violation results in death, serious illness, or severe injury to any person or substantial destruction of property. The previous maximum penalty was $32,500 per offense. The provisions will take effect on September 4, 2007. For a copy of the final rule, go to  http://www.gpoaccess.gov/fr/index.html, type “page 36760” into the top box, and hit the submit key.       Back to Top   Coast Guard Extends Compliance Deadline for TWIC Requirement     On Friday, the Coast Guard published a final rule in the Federal Register announcing that the deadline to submit amendments to facility security plans as a result of redefining secure areas is extended from July 25, 2007 to September 4, 2007. The Coast Guard is extending this deadline because it issued its Navigation and Vessel Inspection Circular (NVIC) guidance on which facilities would be eligible for the redefinition and what would be an acceptable definition of “secure area” on July 6. The extension will give facility owners and operators time to consider the guidance before submitting their revised plans. For a copy of the final rule, go to http://www.gpoaccess.gov/fr/index.html, type “page 38486” into the top box, and hit the submit key. If you need a copy of the NVIC, please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.       Back to Top   ChemAlliance Requests Your Survey Participation   ChemAlliance (www.chemalliance.org) is inviting its users to participate in an annual user survey. The survey results are used to help ChemAlliance staff to better understand their users, and to help EPA measure the effectiveness of the program. The survey is located on http://www.assistancecenters.net/schem/. Those completing the 5-minute on-line survey can register for a drawing for a $100 gift certificate redeemable via Amazon.com. ChemAlliance is a free compliance assistance and pollution prevention resource designed for environmental managers in the chemical manufacturing and allied industries. The site provides regulatory compliance information, pollution prevention case studies, and regularly updated environmental news produced specifically for the chemical industry. ChemAlliance is operated by Battelle/Pacific NW National Labs under a grant from the U.S. EPA Office of Enforcement and Compliance Assurance (OECA). It is operated with valuable input from major chemical industry trade associations including NACD, the Synthetic Organic Chemical Manufacturers Association (SOCMA), the American Chemistry Council (ACC), and the Consumer Specialty Products Association (CSPA).       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, only two blocks away.        Back to Top   Reduce Your Supplier Audits   If you are interested in reducing your supplier audits, 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 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, register for a booth at /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 If you have not booked your rooms for the Annual Meeting yet, please view important updates on the room situation at: /events/annual_meeting/home.aspx.       Back to Top   CEF Staff Members to Lend a Hand at Cub Scout Day Camp   More than 100 Cub Scouts will experiment with CEF's You Be The Chemist kit to earn their Scientist Belt Loop at a Cub Scout Day Camp held in Willow Grove, PA! CEF staff members Laurel Brent and Cori Bradley and summer intern Brad Rager will assist Barry Fisher, Executive Vice President of NACD member company Van Horn, Metz & Co., Inc., of Conshohocken, PA, as he instructs the boys on the benefits and importance of chemistry, chemicals, and chemical safety awareness.       Back to Top