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September 25, 2007 Volume # 8 Issue # 20
 
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
  OPSEM
Would your public warehouse or carrier make a good candidate for RDP and the Chemical Handler Affiliate program?  
Please contact Kristi Van Buren at kvanburen@nacd.com for more information.


InteChem07 – NACD-SOCMA Chemical Security Conference is Next Week
  There are still a few slots available for the InteChem07 chemical security conference to be held next Tuesday and Wednesday 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 the Chemical Facility Anti-Terrorism Standards (CFATS), the on-line Chemical Security Assessment Tool (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 8:00 a.m. on Tuesday, October 2, and conclude at 1:00 p.m. on Wednesday, October 3. If you have questions or would like more information, contact NACD Vice President of Government & Public Affairs Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.
   
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Hotel Deadline for NACD TSCA-REACH Workshop a Few Days Away
  The hotel deadline for the upcoming NACD TSCA-REACH Workshop is September 30, just a few days from now. To reserve your room for this workshop at the group rate of $205/night, call the Hyatt Regency Crystal City at 703/418-1234 or 800/233-1234, and reference the National Association of Chemical Distributors’ meeting before this Sunday. NACD is organizing this workshop, to be held October 22-23, in response to numerous questions from members on the Toxic Substances Control Act (TSCA) and the new EU REACH regulations. 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. The workshop hotel is located in Arlington, VA, very close to Washington DC’s Reagan National Airport. Please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103 with questions.
   
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NACD Recommends Special Permits for Inclusion into the HMR
  On September 14, NACD filed comments in response to a request from the Pipeline and Hazardous Materials Safety Administration (PHMSA) on Department of Transportation (DOT) special permits that could be made part of the Hazardous Materials Regulations (HMR). PHMSA is in the process of reviewing widely-used special permits, formerly known as exemptions, to identify those that have proven safety records and could be included directly as part of the HMR. In the comments, NACD recommended the inclusion of DOT-SP 12412, which authorizes the discharge of liquid hazardous materials from certain UN Intermediate Bulk Containers (IBCs) and DOT Specification portable tanks without removing them from the vehicle on which they are transported; DOT-SP 12443, which authorizes tank cars containing specified hazardous materials to remain standing with unloading connections attached when no product is being transferred, provided that a minimal level of monitoring is maintained; and DOT-SP 11761, which authorizes the transportation in commerce of certain DOT-specification and American Association of Railroads-specification tank cars, containing a residue of Class 8 materials, that have been inspected prior to offering under a modified inspection program. NACD also recommended the consolidation of three special permits, DOT-SP 10878, DOT-SP 11903, and DOT-SP 12516, all of which authorize the manufacture, mark, sale, and use of certain non-DOT specification fiberglass reinforced plastic (FRP) cargo tanks for use in the transportation in commerce for certain materials. For a copy of NACD’s full comments, go to /advocacy/comments.aspx.
   
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New International Transport Rules to Take Effect October 1
  Next Monday, October 1, several changes to the HMR relating to international transport of hazardous materials will take effect. First, a few requirements under HM-215E, which was published in the Federal Register on July 31, 2003, will go into effect. The majority of HM-215E took effect on October 1, 2003, but DOT extended the deadline to October 1, 2007 for a requirement under Section 172.202(a) to include the number and types of packagings on shipping papers. DOT also adopted a transition date of October 1, 2007 for modifications to package markings that will change as a result of changes to proper shipping names. For a copy of HM-215E, go to http://www.access.gpo.gov/su_docs/fedreg/a030731c.html and scroll down to Research and Special Programs Administration. HM-215F, which was published in the Federal Register on May 3, 2007, will also take effect on October 1. HM-215F revises and consolidates requirements in the HMR applicable to the use of several different international transport codes. In this final rule, DOT says that the revisions provide a user-friendly format to promote understanding of the conditions and limitations on the use of international standards and regulations. HM-215F also authorizes the use in domestic transportation of portable tanks, cargo tank motor vehicles, and rail tank cars manufactured in accordance with Canadian regulations. For a copy of HM-215F, go to http://www.gpoaccess.gov/fr/index.html, type “page 25162” into the top box, and hit the submit key. Copies of both HM-215E and HM-215F are also available from Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.
   
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New Motor Carrier Registration System in Effect
  The former Single State Registration System (SSRS) for interstate motor carriers has been replaced with a new program under the Uniform Carrier Registration Agreement (UCRA). This change is a result of the Unified Carrier Registration Act, enacted into law in August, 2005, as part of the omnibus highway reauthorization legislation. UCRA requires all motor carriers that are required to register with DOT to register for the new program and to pay fees, including private, for-hire, and exempt carriers, as well as brokers, freight forwarders, and leasing companies. Like SSRS, the UCRA is a base-state system, under which an entity subject to the fees pays through its base state on behalf of all participating states. One major difference between the UCRA and the SSRS is that under UCRA, carriers will pay fees on the basis of the total number of commercial motor vehicles they operate rather than on a per-vehicle basis. For more information on this program, go to http://www.kcc.state.ks.us/trans/ucra_qanda.htm.
   
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Congressional Committees Take Up Rail Competition
  Last Thursday, the Senate Judiciary Committee approved S. 772, the Railroad Antitrust Enforcement Act, legislation to strengthen the Surface Transportation Board, require greater competition among railroads, and eliminate the railroads’ antitrust exemption. The House Transportation and Infrastructure Committee held a hearing on rail competition this morning. These activities follow a new study released earlier this month by the Consumers United for Rail Equity (CURE), which concluded that large freight railroads overcharged customers by more than $6.4 billion over four years through fuel overcharges. To view the statements and testimony from this morning’s hearing, go to http://transportation.house.gov/hearings, and scroll down to 9/25. To view the CURE study, go to http://www.railcure.org/pdf/FuelSurcharge_Study.pdf.
   
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Chemical Ban Legislation Stalled in California
  The California legislature ended its regular session on September 12. Fortunately, AB 558, legislation mentioned in the September 11 NACD News Briefs issue, to establish new mandates to reduce the use of toxic substances and create a costly new state reporting program, did not survive the process. However, the other legislation of concern, AB 1108, to prohibit the use of phthalates in children’s products, has been sent to Governor Arnold Schwarzenegger for his signature. If you have interests in California, you are urged to fax a letter to the Governor’s office urging a veto of this legislation. For more information, including a sample letter, 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.
   
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European Chemicals Bureau Issues New REACH Guidance
  On September 14, the European Chemicals Bureau released two additional guidance documents to help companies that purchase chemicals, or “downstream users,” to comply with the EU REACH regulations. These guidance documents specifically address the roles and obligations of downstream users and steps to take to comply with REACH. To access the new guidance, go to http://ecb.jrc.it/whatsnew.
   
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RDP Excellence Award
 

Pride Solvents & Chemical Co., of NJ, Inc., Avenel, NJ, is the recipient of NACD’s 2007 Responsible Distribution Process Excellence Award.

Pride Solvents & Chemical Co., Inc., a long-time member of NACD, was recognized by NACD for demonstrating outstanding performance of its Responsible Distribution Process (RDP) program during its on-site third-party verification in June. Art Dhom, Jr., President of Pride Solvents & Chemical Co., Inc., was present to receive the award. The award was presented last week by Doug Kutz, Chair of NACD’s Responsible Distribution Process Committee, and Bruce L. Whetter, President of Americhem Sales Corporation and the 2006 Award winner, during NACD’s annual Operations Seminar and Trade Show in Nashville, TN.
 
Linden Warehouse and Distribution Co., Inc. (NJ) was recognized as the only Affiliate member to be nominated for the award. Other nominees, Chem One Ltd. (TX) and PVS-Nolwood Chemicals, Inc. (MI), were recognized during the ceremony. This year was the second year in which NACD presented the RDP Excellence Award. The RDP Committee intends to recognize a member company each year to encourage continued excellence among NACD members in their commitment to the Responsible Distribution Process.

   
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DOT Approves NACD's SSI Agreement
 

U.S. DOT has approved the non-disclosure agreement that NACD has recommended to provide protection for any Sensitive Security Information (SSI) that is disclosed under the RDP process. NACD members are encouraged to use the agreement which is posted on NACD's Web site --/dist_process/documents.aspx.

   
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RDP Workshop Presentations
  The RDP Workshop Presentations and the RDP Code Coordinator Manual from last week's Workshop are now available on the NACD Web site -- /dist_process/documents.aspx.
   
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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."
   
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Reduce Number and Cost of Supplier Audits
  Distributors: Do you experience multiple audits from your suppliers?
Suppliers: Do you have to audit your distributors?
If you answer "yes" to either of these questions, you could save time and money by inquiring about NACD's RDP Verification program. Eliminate multiple audits and multiple audit protocols. Visit /dist_process/srdpv.aspx for more information.
   
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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
Hotel Room Reservations: Deadline is TODAY!
View the Program of Events and Register for the Meeting: /about/regions/northeast/ne_regional_meetings.aspx

Speakers/topics include:

  • Politics: Gov. Michael Dukakis on the upcoming election plus Q&A
  • M&A: Do's & 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
   
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The Operations Seminar & Trade Show in Nashville was a great success!
 

OPSEM had record breaking attendance of 409 attendees versus 397 last year.

Thanks to all our sponsors:
Aaxia Chemical Insurance Services
AIG Environmental
J.J. Keller & Associates
K.P. McNamara, Inc.
Transport Resources, Inc.
XL Insurance

Thanks to all the veteran exhibitors and new exhibitors that attended the show. We hope to see you all next year in Orlando, FL, Sept.10-12, 2008. Don't forget to turn in your on-site exhibitor contracts by the end of the month.

A survey will be e-mailed to all attendees and exhibitors for your feedback. We look forward to planning another successful event in Orlando. Thanks in advance!

   
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Register Today for the 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.

   
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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.

   
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Professional Telephone Etiquette

NACD Co-Sponsored Professional Development Training

 

A Web-based Learning Opportunity
Speaker: John Gray
Date: Wednesday, October 10, 2007
Time: 1-2 p.m. EST
For details, go to /events/development/#phone.

   
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2007 Distributor of the Year Award – Call for Nominations
 

NACD is accepting nominations for NACD members who deserve the special recognition of being named NACD Distributor of the Year for 2007 – for their leadership and achievement in the industry.

Qualifications
• Significant contributions of time and talent for the betterment of the chemical distribution industry.
• Special achievements in chemical distribution.
• Service to fellow NACD members.

Eligibility
All NACD member companies’ employees are eligible to be nominated as Award recipients (except previous winners), and any company employee can submit a nomination.

Nominations
Submit your nomination to kbaker@nacd.com. Please include a brief statement on why you think your nominee should be considered. Deadline for nominations: Tuesday, October 2, 2007.

Award Presentation
The winner of this special Award will be announced at the 36th NACD Annual Meeting at El Conquistador Golf Resort & Casino on Wednesday, November 28.

   
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Reserve Your Copies of CEF's Newest Educational Tool
 

The new You Be The Chemist (YBTC) Activity Guides: Lesson Plans for Making Chemistry Fun (previously titled the YBTC Kit) will soon be available. The two booklets, one for grades K-4 and another for grades 5-8, are available for purchase, separately ($12 and $15, respectively) or together ($20). Each Activity Guides will include the following grade appropriate material:

  • Approximately 30 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 the non-chemistry educator to better teach the subject, and safety information

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.

The new Activity Guides are great tools for educators who are getting back into the school year. To distribute the Activity Guides in your community, reserve your copies today. Please visit www.chemed.org, call CEF staff at 703/527-6223, or e-mail to comments@chemed.org for more information.

   
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Governor Conducts You Be The Chemist Experiment at Michigan State Fair
  Employees of PVS-Nolwood Chemicals, Inc., located in Detroit, MI, engaged 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, students were introduced to chemistry by participating in mini-You Be The Chemist (YBTC) Challenges. In addition, Michigan Governor Jennifer M. Granholm  stopped by one day to help PVS-Nolwood employees conduct YBTC experiments with the students!
   
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