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| October 9, 2007 |
Volume # 8 |
Issue # 21 |
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| 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
 UID Online Registration Available on Monday,
October 22 at 12 p.m.
For conference information and registration, visit
| It’s Not Too Late to Register for the NACD TSCA-REACH Workshop |
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It is not too late to register for the NACD TSCA-REACH Workshop to be held October 22-23 at the Hyatt Regency Crystal City in Arlington, Virginia. This workshop provides an excellent opportunity to have your questions answered about 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. To reserve your hotel room for the workshop, call the Hyatt Regency Crystal City at 703/418-1234 or 800/233-1234, and reference the National Association of Chemical Distributors’ meeting. Please contact NACD Vice President of Government & Public Affairs Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103 with questions.
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| GAO Publishes Report Comparing TSCA and REACH |
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On September 25, the U.S. Government Accountability Office (GAO) released a report entitled “Comparison of U.S. and Recently Enacted European Union Approaches to Protect against the Risks of Toxic Chemicals.” Senate Environment and Public Works (EPW) Committee Chairman Barbara Boxer (D-CA) and EPW Committee member Frank Lautenberg (D-NJ) requested the report to review approaches under the U.S. TSCA and EU REACH regulations for 1) requiring chemical companies to develop information on chemicals’ effects, 2) controlling risks from chemicals, and 3) making information on chemicals available to the public. While the report makes no recommendations, it outlines several differences between the two systems. For example, it states that REACH requires companies to develop information on human health and the environment, while TSCA does not unless the U.S. Environmental Protection Agency (EPA) issues a specific rule for them to do so. The report also notes that TSCA places the burden of proof on the EPA to demonstrate that a chemical poses a risk to human health or the environment before being able to regulate its use, while REACH places the burden on chemical companies to ensure that substances do not pose such risks or that measures can be implemented to handle the chemicals safely. For a copy of the report, go to http://www.gao.gov, type GAO-07-825 into the box at the top right-hand corner of the page, and hit the search key, or contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223. |
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| PHMSA Issues Correction Notice to HM-215F |
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As reported in the September 25 News Briefs issue, HM-215F, which revises and consolidates requirements in the hazardous materials regulations (HMR) applicable to the use of several different international transport codes, took effect on October 1. On September 28, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a correction to this final rule. In response to an appeal by the Dangerous Goods Advisory Council, PHMSA has inserted the words “for export shipments” in Section 173.22(g)(5) and (6) to clarify that the provisions of Sections 173.24, 173.24a, and 173.28 do not apply to import shipments. This was the intent of the rulemaking, but the words were omitted in the final rule. For a copy of the correction, go to http://www.gpoaccess.gov/fr/index.html, type “page 55090” into the top box, and hit the submit key.
Also, as a reminder, a key provision of HM-215E also took effect on October 1, 2007. Under this rule, hazardous materials shipping papers must include the number and type of packages being transported (e.g., 4 drums, 5 boxes, 3 cylinders), either before or after the proper shipping description sequence. See 49 CFR sec. 172.202(a)(6). This requirement is in addition to the existing requirement to list the total quantity of hazardous materials (by mass or volume). The requirement also applies to shipping papers covering the transportation of hazardous materials in tank trucks, which must include the words “1 cargo tank” on the shipping paper, even if there are different materials being hauled in separate compartments.
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| Senate Judiciary Committee Holds Hearing on Rail Competition |
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Two weeks after approving S. 772, the Railroad Antitrust Enforcement Act, the Senate Judiciary Committee held a hearing on the bill. This legislation would strengthen the Surface Transportation Board, require greater competition among railroads, and eliminate the railroads’ antitrust exemption. During the hearing, Surface Transportation Board Chairman Charles Nottingham expressed strong opposition to the legislation. It is unclear whether this will prevent the bill from moving forward as it has strong support among the Senate Judiciary Committee members. Lack of competition in the rail industry is an increasing concern for industries such as the chemical industry, who depend on railroads to safely transport large volumes of hazardous materials. Many such companies have access to only one railroad, giving the railroad little incentive to keep prices in check. To view the testimony of Mr. Nottingham and the other witnesses, go to http://judiciary.senate.gov/hearing.cfm?id=2971. |
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| TSA Publishes Final Rule on TWIC |
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On September 28, the Transportation Security Administration (TSA) and the Coast Guard issued an amended final rule to allow for greater participation in the Transportation Worker Identification Credential (TWIC) program and to codify final fees to obtain a TWIC. The Maritime Transportation Security Act and the Security and Accountability for Every Safe Port Act require those with access to secure areas of vessels and port facilities to undergo a security threat assessment and receive a TWIC, which is a biometric credential. Under the final rule, the standard fee for a TWIC is $132.50, and the reduced fee for applicants who have completed a comparable threat assessment is $105.25. In conjunction with the release of this final rule, TSA has announced that workers at the Port of Wilmington, DE will be the first to enroll in the TWIC program, beginning on October 16, and that eleven other ports will begin enrolling in November. For more information on the TWIC program, go to http://homeport.uscg.mil/mycg/portal/ep/home.do and click on TWIC. |
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| European Chemicals Bureau Issues More Guidance on REACH |
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On September 27, the European Chemicals Bureau released additional guidance on compliance with the EU REACH regulations including final guidance to help companies understand how to preregister their chemicals and share data. The Bureau also released Toxmatch, which is software to help group chemicals into categories so information about certain chemicals can be used to help understand the toxicity and safety of other chemicals. To access the latest information on REACH, go to http://ecb.jrc.it/whatsnew. |
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| DOT Approves NACD's SSI Agreement |
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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 now posted at /dist_process/documents.aspx. |
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| RDP Workshop Presentations |
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The RDP Workshop Presentations and the RDP Code Coordinator Manual from last month's workshop are now available at /dist_process/documents.aspx. |
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| Reduce Number and Cost of Supplier Audits |
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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 - This Week, for Distributors! |
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October 11-12,2007
The Millennium Boston Hotel, Boston, MA
NACD Group Rate: $349
Reservations: 617/523-3600
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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| OPSEM2007 - We Want Your Feedback! |
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Please note that surveys were sent to the attendees and exhibitors three weeks ago. This is your chance to provide us feedback on how to improve OPSEM2008. We look forward to receiving your completed surveys! |
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| Annual Meeting - Register by October 31! |
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El Conquistador Golf Resort & Casino, Las Croabas, Puerto Rico, November 26-30, 2007
October 31 is fast approaching - Register Today for the 2007 Annual Meeting!
Please note that we are on an all-time high with hotel reservations for this meeting; however, the number of registrations received does not match the number of hotel reservations made. Please note that anyone with a hotel reservation under NACD's room block must also register for the meeting. Our registration deadline is October 31. Please register today by faxing your registration form to NACD at 703/527-7747.
Attendee registration forms are available at /events/annual_meeting/registration.aspx.
If you are also interested in exhibiting at the Vendor Expo, please go to /events/annual_meeting/expo.aspx for detailed information.
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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Professional Telephone Etiquette - This Wednesday - October 10
NACD Co-Sponsored Professional Development Training |
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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 – Nomination Deadline is This Friday, October 12 |
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Please consider nominating an NACD member who deserves 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.
Distributor of the Year Award Recipients
1977 John Kirkpatrick,Florida Solvents
1977 Louis H.T. Dehmlow, Great Lakes Terminal & Transport Corp.
1978 Raymond B. Preston, PB & S Chemical Company
1979 Curtis Horning, Eaton-Colby Chemical Company
1980 Gerald Kraft, Kraft Chemical Company
1981 Rollen A. Mack, A.J. Lynch Company
1984 Fred W. Schlichte, Industrial Chemical & Supply Company
1985 G. Lee Floyd, Accron Distributors
1986 Michael H. Baker, Chem/Serv, Inc.
1987 Carl Fischer, The Rinchem Company, Inc.
1988 Bonnie O’Meara, Rho-Chem Corporation
1989 John R. Hess, John R. Hess & Co., Inc.
1990 Samuel K. Himmelrich, Inland Leidy, Inc.
1990 Walter N. Stevenson, W. N. Stevenson Co.
1991 James P. Hukill, Hukill Chemical Corporation
1992 James M. Doyle, Coastal Chemical Co., Inc.
1993 Douglas A. Brown, Brown Chemical Co., Inc.
1994 Gregg M. Peckham, Archway Sales Inc.
1995 Edward M. Pitkin, Ulrich Chemical, Inc.
1996 Charles T. Kellogg, Hubbard-Hall, Inc.
1997 Eugene P. McDonald, Monson Companies, Inc.
1998 Robert A. Foley, HCI/Baychem, Inc.
1998 Douglas M. Kutz, G.S. Robins & Company
1999 G. Stephen Robins, G.S. Robins & Company
2000 Mark W. Kramer, Ellis & Everard (US Holdings) Inc.
2001 Lawrence I. Hayes, Chemical Distribution, Inc.
2002 Patrick J. Marantette, E.T. Horn Company
2003 Clare L. Welker, Chem One Ltd.
2004 Thomas H. Coyne, George S. Coyne Chemical Co., Inc.
2005 Don Adams, Webb Chemical Service Corp.
2006 Steven C. Quandt, Columbus Chemical Industries, Inc.
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| Reserve Your Copies of CEF's Newest Educational Tool |
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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 of the 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 our Web site at www.chemed.org, call CEF staff at 703/527-6223, or e-mail us at comments@chemed.org for more information.
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Who Is NACD?
