September 11, 2007 Volume # 8 Issue # 19

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 NACD Still Awaiting Final Appendix A Publication Space Still Available for InteChem07 – Chemical Security Conference NACD to Hold TSCA-REACH Workshop – October 22-23 TSA Distributing Security Training DVDs to HazMat Carriers NACD Comments on PHMSA Emergency Response Proposal OSHA Updates HAZWOPER Compliance Enforcement Procedures House Approves Green Chemistry Legislation Chemical Industry Slammed During Final Days of California Legislative Session Ohio Supreme Court to Consider Product Liability Case Responsible Distribution Process RDP Overview Webinar Reduce Your Supplier Audits Networking and Education Northeast Region Meeting - October 11-12,2007 2007 Annual Meeting NACD OPSEM2007, Nashville, TN, September 19-21 The Habit of Selling Professional Telephone Etiquette Chemical Education Foundation New Look, New Name, New Experiments! Chemical Distributor Challenges Students at the Michigan State Fair   Calendar of Events   Education and Training   Annual Meeting   OPSEM NACD Still Awaiting Final Appendix A Publication   The end of August has come and gone, and the final Appendix A list of chemicals of interest that will trigger the requirement to complete the Top Screen Consequence Assessment under the Chemical Facility Anti-Terrorism Standards (CFATS) has still not been published. As a reminder, once this final list is published, 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   Space Still Available for InteChem07 – Chemical Security Conference   There are still slots available for the InteChem07 chemical security conference to be held October 2-3, 2007 in Baltimore, MD. U.S. Department of Homeland Security (DHS) officials, including Assistant Secretary for Infrastructure Protection Bob Stephan and Director of the Chemical Security Compliance Division Larry Stanton, will provide participants with the latest updates on CFATS, the CSAT, Security Vulnerability Assessments, and Risk-Based Performance Standards Guidelines for Site Security Plans. Other key topics will include Emergency Response in a Security Environment and Crisis Communications. For more information, or to register for the conference at the NACD Member Rate of $250, go to http://www.InteChem.org.  For detailed information about the program, speakers, and venue, please see the conference brochure. To reserve a room at the event hotel, the Sheraton City Center – Downtown Baltimore, MD, at the group rate of $185/night, call 410/752-1100 and reference SOCMA’s InteChem07. The conference will begin at 7:00 a.m. on Tuesday, October 2, and conclude at 2:15 p.m. on Wednesday, October 3.       Back to Top   NACD to Hold TSCA-REACH Workshop – October 22-23   In response to numerous questions from members on the Toxic Substances Control Act (TSCA) and the new EU REACH regulation, NACD is holding a workshop to specifically address these topics. The event will take place at the Hyatt Regency, Crystal City in Arlington, VA, close to Washington DC’s Reagan National Airport. Richard Siegel, President of R & B Consulting Services; Sunil Hangal, Principal at RTP Environmental Associates, Inc.; and Bart Seitz, attorney with the law firm Baker Botts LLP, will present the workshop. The first session will be an overview of TSCA requirements from 1:30 – 4:30 p.m. on Monday, 10/22. “REACH 101” will then be held from 4:30 – 5:30 p.m., followed by a reception. Tuesday, 10/23 will begin with breakfast followed by a detailed discussion of chemical distributor obligations under REACH. The workshop will conclude at 11:30 a.m. on Tuesday. To download the registration form, or to learn more, go to /advocacy/resources.aspx. To reserve a room for the workshop at the group rate of $205/night, call the Hyatt at 703/418-1234 or 800/233-1234, and reference the National Association of Chemical Distributors’ meeting by September 30. Please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103 with questions.       Back to Top   TSA Distributing Security Training DVDs to HazMat Carriers   The Transportation Security Administration (TSA) has mailed “HazMat Motor Carrier Security Self-Assessment Training” DVDs to all Federal Motor Carrier Safety Administration (FMCSA)-registered HazMat Carriers. This program was developed as a cooperative effort between the Pipeline and Hazardous Materials Safety Administration (PHMSA), FMCSA, and TSA. The training is designed to provide the necessary tools to conduct an effective security assessment of transportation operations. It also outlines security actions to consider when managing the risks related to personnel security, unauthorized access, and en route security. The program meets the DOT security awareness training and security assessment requirements as defined in 49 CFR 172.704 (a)(4) and 49 CFR 172.802. For more information on this program, go to http://www.tsa.gov/what_we_do/tsnm/highway/self_training.shtm.       Back to Top   NACD Comments on PHMSA Emergency Response Proposal   On August 30, NACD filed comments on a PHMSA proposal to amend the Hazardous Materials Regulations (HMR) to require that a person who originally offers a hazardous material for transportation and who uses an emergency response service provider be listed not only on the original shipping paper but also on all subsequent shipping papers. NACD’s comments asked PHMSA not to require the original offeror to be listed on all downstream shipping papers because this would disrupt third-party agreements that chemical distributors commonly have in which supply sources are kept confidential. As an alternative, the comments recommended that PHMSA clarify that it would be adequate to list the contract number for the shipper/emergency response service provider agreement. Finally the comments recommended that PHMSA require hazardous materials shippers to list their contract numbers with emergency response service providers on their HazMat registration forms in order to assist the agency with enforcement efforts. To view NACD’s comments, go to /advocacy/comments.aspx.       Back to Top   OSHA Updates HAZWOPER Compliance Enforcement Procedures   The Occupational Safety and Health Administration (OSHA) recently published a directive to update procedures for inspectors of emergency response operations to ensure uniform enforcement of the Hazardous Waste Operations and Emergency Response Standard (HAZWOPER). The directive defines additional terms and expands on training requirements for emergency responders and other groups such as skilled support personnel. New guidance is also provided on how HAZWOPER may apply to unique events such as terrorist attacks. It also addresses OSHA’s role under the National Response Plan. For a copy of the directive, go to http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-02-073.pdf.       Back to Top   House Approves Green Chemistry Legislation   Last week, the House of Representatives approved by voice vote 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, the Environmental Protection Agency, and the Department of Energy. 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   Chemical Industry Slammed During Final Days of California Legislative Session   Last week, the California State Senate passed a bill to ban the manufacture, sale, and distribution of children’s products if they contain bisphenol A, beginning in 2009. The State Assembly has already approved the bill, and Governor Schwarzenegger has until September 14 to veto or sign it. This week, the Senate will vote on passage of AB 558, which would establish new mandates to reduce the use of toxic substances and create a costly new state reporting program. The chemical industry in California has launched an urgent and immediate campaign against this legislation. If you have a facility or interests in California and would like to join the effort to fight this onerous legislation, contact John Ulrich, Executive Director of the Chemical Industry Council of California, at 916/989-9692, or jrulrich@comcast.net, or Jennifer Gibson at NACD.       Back to Top   Ohio Supreme Court to Consider Product Liability Case   The Supreme Court of Ohio will take up a case regarding the retroactive application of the doctrine of strict liability in product liability actions brought against non-manufacturer product sellers such as wholesalers, distributors, and retailers. On June 28, an Ohio State appeals court ruled in DiCenzo v. A-Best Products, Co., Inc. et al. that strict liability in product seller liability actions, first recognized in Ohio in 1977 in Temple v. Wean United, Inc., may be applied retroactively back to 1966, when the Ohio Supreme Court’s decision in Lonzrick v. Republic Steel Corp. was issued. In the Lonzrick decision, Ohio’s high court first “imposed a type of limited strict liability on manufacturers, but it did not address the liability of sellers.” The National Association of Wholesaler-Distributors and eight other organizations have filed an amicus curiae brief in favor of overturning the June 28 decision. For more information, go to http://www.naw.org/Content/ContentGroups/News2/naw_ohio_amicus.htm.       Back to Top   RDP Overview Webinar   You can now play back the webinar that was conducted last month. Log in at /login.aspx?url=%2fdist_process%2fdocuments.aspx, then go to the "Presentations" section, and click on "RDP Overview Webinar".       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 Hotel Room Reservations: Deadline is TODAY! View the Program of Events and Register for the Meeting: /about/regions/northeast/ne_regional_meetings.aspx Speakers include: Politics: Gov. Michael Dukakis on the upcoming election plus Q &A; M & A: Do's and Don'ts -- both environmental and financial; Business Strategy: How to add value to your company; Health Care Insurance: High deductible plans will save you money; Personal Wealth: How to protect what you have.       Back to Top   2007 Annual Meeting   El Conquistador Golf Resort & Casino, Las Croabas, Puerto Rico November 26-30, 2007 Attendee registration forms are now available at /events/annual_meeting/registration.aspx. Gain new Customers at the Vendor Expo – Distributors, Suppliers, and Equipment/Service/Consulting Vendors to the Industry are invited to exhibit! View more information at: /events/annual_meeting/expo.aspx 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   NACD OPSEM2007, Nashville, TN, September 19-21   If you have not registered for the meeting yet, please do so on-site at the Nashville Convention Center. The NACD Registration Desk will be open on Wednesday, Sept. 19 at 8:00 a.m. at the East Hall Foyer. Please note NACD Registration Desk times on our program schedule at /events/opsem/events.aspx.   For hotel reservations, please go to /events/opsem/travel.aspx. For current OPSEM program schedule and sessions descriptions, visit www.nacd.com/events/opsem/events.aspx. See you next week!       Back to Top   The Habit of Selling   NACD Co-Sponsored Professional Development Training High Energy Sales Training Seminar presented by Don Buttrey, Sales Professional Training, Inc. Date: October 2-4, 2007 Doubletree Guest Suites, Dayton, OH Price: $895 per person (includes 2 and 1/2 days of sales training, workbinders, tools, worksheets, most meals) For details, go to /events/development/#habit.       Back to Top   Web-based Professional Telephone Etiquette   NACD Co-Sponsored Professional Development Training A Web-based Learning Opportunity Speaker: John Gray Date: Wednesday, October 10, 2007 Time: 1 p.m. - 2 p.m. EST For details, to to /events/development/#phone.     Back to Top   New Look, New Name, New Experiments!   CEF's You Be The Chemist kit has a new look and format, a new name, and exciting new experiments! In late September, the CEF staff will unveil the You Be The Chemist (YBTC) Activity Guides: Lesson Plans for Making Chemistry Fun. Two booklets, one for grades K-4, another for grades 5-8 will be available for purchase, separately ($12 and $15, respectively) or together ($20). Each of the Activity Guides will include the following grade appropriate material: More than 25 educator-reviewed lesson plans More in-depth activity sheets that can serve as classroom assessments or homework assignments Project extensions and vocabulary lists An expanded resource guide that includes important chemists, tips for non-chemistry educators to better teach the subject, and safety information A media guide that will help industry representatives approach members of their community, as well as suggested ways to implement and promote the use of the Activity Guides in the community In addition, animated chemists Newton and Kelvin are back again to help walk grade K-4 students through some of the basic chemistry concepts. New review game material will be included in the 5-8 grade kits to provide students with a fun, interactive review of chemistry concepts. For more information about the YBTC Activity Guides or to reserve your copy, please visit www.chemed.org, call CEF staff at 703/527-6223, or e-mail to comments@chemed.org.       Back to Top   Chemical Distributor Challenges Students at the Michigan State Fair   PVS-Nolwood Chemicals, Inc. of Detroit, MI, introduced hundreds of students to the fun of chemistry at the Michigan State Fair. Held August 22 - September 3 at the Michigan State Fairgrounds in Detroit, PVS-Nolwood employees engaged students in chemistry by having them participate in mini-You Be The Chemist (YBTC) Challenges. Students were asked chemistry-related questions and received YBTC Challenge pencils, stickers, water bottles, or notepads for their participation.       Back to Top