July 31, 2007 Volume # 8 Issue # 16

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 Facilities Receive Suspicious Inquiries CFATS Update – Final Appendix A Publication Delayed NewsSenate Approves Troublesome Chemical Security Language House Subcommittee Holds First Chemical Security Hearing of the Year House and Senate Approve 9/11 Commission Legislation that Could Disrupt Commerce Hours-of-Service Rule Vacated Again Responsible Distribution Process RDP Overview Webinar –- August 14, 2007 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 Visit NACD Member Van Horn, Metz & Co., Inc. New Look, New Information for the You Be The Chemist Kit!   Calendar of Events   Education and Training   Annual Meeting   OPSEM Welcome New Affiliates! OXEA Corporation -- Chemical Supplier Affiliate Centerprise Tax Advisory Services, LLC -- Non-Chemical Handler Affiliate Chemical Facilities Receive Suspicious Inquiries   NACD has learned that several chemical facilities have received telephone calls from a group claiming to represent the American Institute for Chemical Engineers (AIChE), or the Center for Chemical Process Safety (CCPS), a subgroup of AIChE, asking them to participate in a survey on chemical process safety. AIChE and CCPS have confirmed that they are not conducting such a survey. Companies that have received calls and attempted to track them have been led to disconnected or non-existent numbers. There is a concern that this could be an attempt by terrorists to learn about vulnerabilities at chemical facilities. The Federal Bureau of Investigation (FBI) is looking into these reports. If your company receives one of these inquiries, do not provide any information; instead contact your local FBI office.       Back to Top   CFATS Update – Final Appendix A Publication Delayed   Last week, NACD learned from the Department of Homeland Security (DHS) that publication of the final Appendix A list will be delayed for a few more weeks. The new estimated publication timeframe is late August. 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. Also, be sure to visit http://www.DHS.gov/chemicalsecurity for new information and updates, or to register for the Chemical Security Assessment Tool (CSAT) if you have not already done so. CSAT registration is necessary for completion of the Top Screen, which will be due 60 days after publication of the final Appendix A.       Back to Top   Senate Approves Troublesome Chemical Security Language   On Thursday, the Senate approved its version of the fiscal year 2008 Homeland Security Appropriations bill by a vote of 89-4. The legislation includes a provision to explicitly allow states and localities to adopt and enforce chemical security standards more stringent than the federal standards. The House passed its version of the legislation with a similar provision on June 15. The legislation will next go to a House-Senate conference committee to resolve differences between the two versions. Because the language to allow states and localities to adopt stricter standards is in both versions, it will remain in the final bill that is sent to the White House. NACD and others have fought this language throughout the process, arguing that Congress should allow the Chemical Facility Anti-Terrorism Standards to be fully implemented and assessed before changing the rules. The President has threatened to veto the entire bill because its high spending levels. While the Senate passed its version of the bill with a clear veto-proof majority, the House passed its version by a vote of 268-140, not enough to override a veto.       Back to Top   House Subcommittee Holds First Chemical Security Hearing of the Year   Last Tuesday, the Transportation Security and Infrastructure Protection Subcommittee of the House Homeland Security Committee held the first chemical security hearing of the 110th Congress. Subcommittee Chairwoman Sheila Jackson Lee (D-TX) presided over the hearing, and the only other members in attendance were Subcommittee Ranking Member Dan Lungren (R-CA) and Rep. Ed Markey (D-MA), each for part of the hearing. Witnesses included DHS Assistant Secretary for Infrastructure Protection Bob Stephan and representatives from Dow Chemical Company, the Center for American Progress, United Steelworkers, and Boston University. Assistant Secretary Stephan reported on the progress of CFATS implementation. A recurring element in Chairwoman Jackson Lee’s remarks and that of several other witnesses was that CFATS is a start, but that many more areas need to be addressed, including water treatment plants, transportation, inherently safer technologies, and making sure that the broadest possible universe is covered by chemical security regulations. To read the statements, or to watch a Webcast of the hearing, go to http://hsc.house.gov/hearings/index.asp and scroll down to the July 24 hearing. Based on remarks made during the hearing, it is evident that there will be no shortage of Congressional activity in the area of chemical security over the coming months.       Back to Top   House and Senate Approve 9/11 Commission Legislation that Could Disrupt Commerce   Last week, the Senate and House each approved H.R. 1, the conference report to implement the remaining 9/11 Commission recommendations by veto-proof votes of 85-8 and 371-40, respectively. The conference report includes the onerous provision from the original House bill that would require all shipping containers to be scanned at foreign ports before being allowed to enter the United States within five years. The business community has correctly argued that this requirement would cause major trade and supply chain disruptions. Supporters of the measure overcame opposition by providing the DHS Secretary with authority to extend the five-year deadline if necessary. The final 9/11 bill also includes transportation security measures passed in separate legislation, H.R. 1401, by the House in March, including a troublesome provision to require the Department of Transportation (DOT) to issue a final rule within nine months to require rail carriers to perform safety and security analyses and to use this information to select the safest and most secure routes for security sensitive hazardous materials rail shipments. The silver lining in this provision is that it specifies that safety issues be considered in addition to security issues. For more information or for a copy of the legislation, contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.       Back to Top   Hours-of-Service Rule Vacated Again   Last Tuesday, in Owner-Operator Independent Drivers Association v. Federal Motor Carrier Safety Administration, the U.S. Court of Appeals for the District of Columbia Circuit vacated the portions of the FMSCA Hours-of-Service (HOS) rule that extended the maximum allowable driving time to 11 hours from the previous limit of 10 and allowed drivers to restart their weekly on-duty clocks after they had taken off 34 consecutive hours. In its ruling, the court stated that FMCSA “failed to give interested parties an opportunity to comment on the methodology of the crash-risk model…used to justify an increase in the maximum number of daily and weekly hours that drivers may drive and work” and “failed to provide an explanation for critical elements of that methodology.” Following the ruling, FMCSA issued a statement that the decision will not go into effect until September 14. In addition, the American Trucking Associations announced that it would file a motion asking the court to stay the effective date of the decision while FMCSA reconsiders the rule. This ruling is reminiscent of July 2004, when the court vacated the HOS rule, stating that FMCSA did not consider its impact on driver health. FMSCA issued an almost-identical final rule in August 2005, which is the regulation drivers have been following for the past two years. NACD will keep members informed of further developments on the HOS issue. For a copy of the ruling, go to http://pacer.cadc.uscourts.gov/common/opinions/200707.htm and choose case 06-1035a.       Back to Top   RDP Overview Webinar –- August 14, 2007   This one-hour session will give attendees an overview of the Responsible Distribution Process program. Although this short session will not be a substitute for the September 17-18 RDP Code Coordinator Orientation and Workshop in Nashville, it will serve as an excellent way to understand some of the processes of the RDP Program.  You can enroll by simply clicking on “RDP Overview Webinar” at http://nacd.com/events/development/ and following the instructions. Hurry and reserve your spot today -- there is limited capacity for this complimentary Webinar!        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. 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 Visit NACD Member Van Horn, Metz & Co., Inc.   In mid-July, CEF staff members Laurel Brent and Corianne Bradley visited NACD member company Van Horn, Metz & Co., Inc. at their Conshohocken, PA headquarters. CEF received a tour from the company President Morgan Smith and Executive Vice President Barry Fisher. An informational session was held afterward, and Fisher, General Manager Sean McCarty, and Sales and Marketing Manager Siobhan Myers detailed more of the company's history and day-to-day activities. More information on the visit will appear in a future edition of NACD's Chemical Distributor. In addition to the company visit, Brent and Bradley, along with CEF summer intern Bradley Rager, aided Fisher as he lead the chemistry portion of a local Cub Scout Day Camp held in Bryn Athyn, PA. Over 200 students learned about chemical reactions, polymers, and many other exciting chemistry concepts through CEF lead demonstrations.       Back to Top   New Look, New Information for the You Be The Chemist Kit!   CEF's You Be The Chemist (YBTC) kit is getting an exciting new look and lots of new information! The YBTC kit is a hands-on educational tool that makes teaching chemistry easier for educators and learning chemistry engaging for students. The redesign includes the division of the current kit into two separate books, one for grades K-4 and one for grades 5-8. Each book will include: Twenty-five exciting lesson plans Assessments and activities for each lesson plan Animated characters Newton and Kelvin will still introduce important chemistry concepts to grade K-4 students and more hands-on review games will be included for grades 5-8 A resource guide for educators that includes important historical content, information on careers in chemistry and chemistry in real life, an industry media guide and much, much more! The books will be available for purchase at the end of September. For more information or to reserve your copy today, call the CEF staff at 703/527-6223 or e-mail comments@chemed.org.       Back to Top