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Augusts 14. 2007 Volume # 8 Issue # 17
 
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 Responsible Distribution Process Networking and Education Chemical Education Foundation

NACD Partnering with SOCMA on Chemical Security Workshop
  NACD is partnering with the Synthetic Organic Chemical Manufacturers Association on a Chemical Security Workshop to be held October 2-3 in Baltimore, MD. The conference, called InteChem07: Security, Stewardship, Supply Chain, is designed to update participants on the latest Chemical Facility Antiterrorism Standards (CFATS) information and to cover topics such as integrating security into performance improvement, emergency response in a security environment, and crisis communications. Officials from the Department of Homeland Security (DHS), including Chemical Security Compliance Division Director Larry Stanton, will be there to make presentations and to discuss CFATS. This is a perfect opportunity to learn more about CFATS, particularly for those who were unable to attend the Chemical Security Summit in June. The fee for the conference for NACD members is $175 before September 10 and $250 after September 10. The location for the event is the Sheraton Baltimore City Center. To reserve a room at the conference rate of $185/night, call 410/752-1100 before September 1 and reference SOCMA’s InteChem07. For detailed information, or to register for the conference, go to http://www.InteChem.org.
   
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NACD Still Awaiting Final Appendix A Publication
  NACD continues to await publication of the final Appendix A list of chemicals and quantities that will trigger the requirement to complete the Top Screen Consequence Assessment. The final Appendix A is undergoing interagency review, and we still expect it to be published sometime this month. 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. (See item below on CSAT Bulk Registration.)
   
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NACD Seeking Guidance from DHS on Calculating Quantities
  The fact that chemical distributors’ inventories of chemicals change on a constant basis as products arrive from suppliers and are sent out to customers has raised the question of how chemical distributors should measure their quantities of chemicals to determine whether they are covered under Appendix A and required to complete the Top Screen. For example, companies have asked whether some sort of monthly or yearly average should be used to calculate these quantities. Jennifer Gibson has posed this question to DHS, and the agency is working on the development of a policy or regulatory interpretation to address it. DHS has alerted NACD that this may take some time as the agency wants to make sure this is addressed properly.
   
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CSAT Bulk Registration Process Available
  The CSAT Help Desk in Oak Ridge, TN, has developed an Excel spreadsheet that companies can use to register multiple facilities. DHS advises companies to contact the Help Desk at 866/323-2957 or csat@dhs.gov for the latest version of the form because it continues to undergo revisions as feed-back is received. DHS also says that the bulk upload process cannot be used if a company has already registered because it applies only to the CSAT registration process, not the Top Screen.
   
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PHMSA Conducting Security Audits
  NACD has learned that the Pipeline and Hazardous Materials Safety Administration (PHMSA) is conducting extensive security audits throughout the nation. The audits focus on whether facilities have security plans and have implemented measures to address the areas of personnel security, access control, en route security, and training. For information on the development and implementation of Department of Transportation security plans, go to http://hazmat.dot.gov/riskmgmt/hmt/hmt_security.htm. If you would like a copy of the inspection report form that PHMSA is using for these audits, please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.
   
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9/11 Commission Legislation Signed Into Law
  On August 3, the President signed into law the massive legislation to implement the remaining 9/11 Commission recommendations. The measure is now Public Law No: 110-53. The new law includes an onerous provision that would require all shipping containers to be scanned at foreign ports before being allowed to enter the United States within five years. The requirement remained in the bill despite arguments from the business community that it would cause major trade and supply chain disruptions. Supporters of the measure overcame opposition by providing the Department of Homeland Security 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. To view two press releases that NACD issued on the 9/11 legislation, go to /news/press.aspx. For more information, contact Jennifer Gibson.
   
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Senate Committee Passes Bill to Overturn EPA’s TRI Reporting Changes
  On July 31, the Senate Environment and Public Works (EPW) Committee approved a bill to overturn the U.S. Environmental Protection Agency’s (EPA) December 2006 final rule that revised the agency’s Toxics Release Inventory (TRI) reporting requirements to expand the eligibility of facilities to use the less-burdensome Form A in lieu of the more extensive Form R. The committee passed the legislation, S. 595, the Toxic Right to Know Protection Act, which would codify the TRI requirements as they were prior to EPA’s revisions, by a party-line vote of 10-9. Supporters of the legislation, including bill sponsor Frank Lautenberg (D-NJ), argued that the EPA had “weakened the rules to let companies report less information and keep the public in the dark.” It is unclear when the full Senate or the House of Representatives will consider the legislation. If the bill is considered by the House, it is sure to pass. Last year, during consideration of the fiscal year 2007 Department of Interior-EPA Appropriations bill, the then-Republican-controlled House, by a vote of 231-187, accepted an amendment offered by Rep. Frank Pallone (D-NJ) to prevent EPA from using funds to finalize the rule.
   
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CSB Releases Report and Video on Chemical Reaction Hazards
  The U.S. Chemical Safety and Hazard Investigation Board (CSB) has released a report on the January 2006 explosion at the Synthron chemical manufacturing facility in Morganton, NC, which concluded that the company’s management of reactive chemical hazards was inadequate. Along with this report, CSB has released a new 20-minute safety video on reactive chemical hazards. The agency is distributing this video worldwide in order to draw increased attention to the hazards of uncontrolled chemical reactions. To view the video, go to http://www.csb.gov.
   
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Senate Committee Approves Asbestos Ban
  The Senate EPW Committee has unanimously approved legislation, S. 742, the Ban Asbestos in America Act, to prohibit the use, manufacture, import, and distribution of products containing asbestos. The bill would also create a $50 million asbestos research network for early detection and treatment of asbestos-related illnesses, create a national asbestos-related disease registry, and require EPA to conduct an asbestos hazards education campaign for the public. The bill provides companies with the ability to petition EPA for an exemption if they can demonstrate that good faith efforts to develop a substitute have been unsuccessful and the exemption would not result in an unreasonable health or environmental risk. For a copy of the bill, go to http://thomas.loc.gov, type S. 742 into the top box, mark the bill number circle, and hit the search key.
   
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RDP Orientation & Workshop -- September 17-18, 2007
  Register today and receive the new Code Coordinator Manual at the workshop!   /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 and Tuesday, September 17 amd 18, are sold out at the Renaissance! If you need a room for the 17th and 18th, please go to /events/opsem/travel.aspx for more details on hotel reservations and alternative hotel accommodations. 
   
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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.
   
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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/.

   
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NACD OPSEM2007, Nashville, TN, September 19-21
 

Registration Deadline is August 17, this Friday.
To register for the meeting and the golf outing, please go to /events/opsem/registration.aspx.

Note that the golf outing coincides with the RDP Workshop that same day. To download a registration form, go to /docs/events/opsem/2007/pdf/07Registration.pdf.

It’s not too late to register for a booth at /events/opsem/exhibit.aspx.

For hotel reservations, please go to /events/opsem/travel.aspx. Please note Monday, September 17 and Tuesday, September 18 are sold out at the hotel!

For current OPSEM program schedule and sessions descriptions, visit www.nacd.com/events/opsem/events.aspx.
 

   
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2007 Annual Meeting
 

El Conquistador Golf Resort & Casino, Las Croabas, Puerto Rico
November 26-30, 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.

Attendee registration forms will be available next week. Please stay tuned.

   
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Help CEF Challenge Your Community
  With the 2007-2008 school year right around the corner, now is the time to get your community involved in the You Be The Chemist (YBTC) Challenge. CEF wants to help you get a Challenge started - it's easy, educational, a great community outreach tool ... and fun! Join the growing list of schools and chemical companies nationwide who are participating in the program and find out how you can sponsor a Challenge in your area! Please view the YBTC Challenge Instructional Guide, available on the CEF Web site at http://www.chemed.org/Challenge.htm or contact the CEF staff by phone at 703/527-6223 or by e-mail at comments@chemed.org.
   
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Help Us Honor an Educator in Your Community!
 

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 & Environmental Chemistry. In each category, 1st place will win $1,000, 2nd place will win $500, and the 3rd place prize will be $250. The first 50 entrants will also receive a complimentary You Be The Chemist kit. In addition, each category winner's school will also receive $250 for purchasing science education material!

Please direct educators in your community to http://www.chemed.org/Lesson_Plan.html for more information. The deadline for submissions is December 21.

   
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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.
The resource guide will include important historical content, 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.

   
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