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| October 23, 2007 |
Volume # 8 |
Issue # 22 |
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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
| EPA Proposes New Rule on SPCC Requirements |
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Last week, the U.S. Environmental Protection Agency (EPA) published a proposed rule to amend the Spill Prevention, Control, and Countermeasures (SPCC) rule. According to the October 15 Federal Register notice, the changes are intended to provide increased clarity, to tailor requirements to particular industry sectors, and to streamline certain requirements in order to make compliance easier. Proposed changes include amending the facility diagram requirement to provide additional flexibility in describing facility boundaries, defining “loading/unloading rack” to clarify the equipment subject to the provisions for facility tank car and tank truck loading/unloading racks, and amending the general secondary containment requirement to provide more clarity. For a copy of the proposed rule, go to http://www.gpoaccess.gov/fr/index.html, type “page 58378” into the top box and hit the search key, or contact NACD Vice President of Government & Public Affairs Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.
Jennifer also has a detailed Power Point presentation from the EPA that clearly describes the proposal. The NACD Environmental Issues Task Group will review the proposed rule to evaluate its impact on NACD members and develop comments to submit to EPA accordingly. Comments are due on December 14, 2007. If you have recommendations for issues that should be raised in NACD’s comments, please contact Jennifer Gibson.
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| EPA Issues Final Rule on Perfluoroalkyl Sulfonate Chemicals |
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On October 9, the EPA issued a final rule to amend a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) to include certain additional perfluoroalkyl sulfonate (PFAS) chemicals. EPA is amending the PFAS SNUR at 40 CFR 721.9582 by adding a new Table 3 that includes chemicals currently on the public TSCA Inventory that are not already covered by the SNUR. The rule requires manufacturers and importers to notify EPA at least 90 days before commencing the manufacture or import of the covered PFAS chemicals. Chemical distributors could be covered by this new rule through pre-existing import certification and export notification rules under TSCA. Entities that import any chemical substance governed by a final SNUR are subject to the TSCA Section 13 (15 U.S.C. 2612) import certification requirements and the corresponding regulations at 19 CFR 12.118 through 12.127 and 127.28. Entities must certify that the shipment of these chemical substances complies with all applicable rules and orders under TSCA, including SNUR requirements. The EPA policy on import certification can be found at 40 CFR part 707, subpart B. The final rule takes effect on November 8, 2007. For a copy, go to http://www.gpoaccess.gov/fr/index.html, type “page 57222” into the top box and hit the search key, or contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103. |
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| PHMSA Announces Strategic Plan |
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The Pipeline and Hazardous Materials Safety Administration (PHMSA) has developed a strategic plan to guide the agency’s activities through 2011. The agency has established five major goals in the areas of safety, environmental protection, reliability, global connectivity, and preparedness and response. Specifically, PHMSA seeks to reduce the risk of harm to people and the environment caused by the transportation of hazardous materials, help to maintain and improve the reliability of systems that deliver hazardous materials to support the U.S. economy and public safety, harmonize and standardize requirements for hazardous materials transportation internationally and facilitate efficient and safe transportation through ports of entry and the supply chain, and reduce the consequences and harm done after a pipeline or HazMat failure has occurred. For a copy of the PHMSA Strategic Plan, go to http://www.phmsa.dot.gov/about/index.html. |
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| House Approves Rail Safety Legislation |
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Last Wednesday, the House of Representatives approved H.R. 2095, the Federal Railroad Safety Improvement Act, by a vote of 377-38. The bill would require the U.S. Department of Transportation (DOT) to update hours-of-service rules for railroad crews, require states to report to the federal government on the methods of protection at all highway-rail grade crossings, and require the adoption of new safety technology. The bill would also increase the number of federal rail safety inspectors and increase civil penalties for rail safety violations. Finally, it would change the name of the Federal Railroad Administration to the Federal Railroad Safety Administration. Several weeks ago, the Senate Commerce, Science, and Transportation Committee approved similar legislation, S. 1889, the Railroad Safety Enhancement Act, sponsored by Senator Frank Lautenberg (D-NJ). The legislation has not yet been scheduled for a vote in the full Senate. For a copy of H.R. 2095, go to http://thomas.loc.gov, type H.R. 2095 into the top box, mark the bill number circle, and hit the search key. |
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| Committee Holds Port Security Hearing |
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Last week, the Senate Homeland Security and Governmental Affairs Committee held a hearing on U.S. port security. A general theme throughout the hearing was that progress has been made to make ports safer in the U.S., but that more must be done. One topic of discussion was the Transportation Worker Identification Credential (TWIC) program. The Maritime Transportation Security Act and the Security and Accountability for Every Safe Port Act requires 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. The Transportation Security Administration (TSA) missed its July 1 deadline of having the program operational at the 10 highest-risk ports with the first port just coming on line last week in mid-October. The witnesses and committee members also discussed the new requirement that all U.S.-bound cargo must be screened at foreign ports within five years. Stephen Caldwell of the Government Accountability Office expressed concerns that the cargo-scanning requirement could impede international cooperation on container security. To view the witness testimony, go to http://hsgac.senate.gov, click on “all hearings,” and choose the October 16 port hearing from the list. |
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| Legislation Introduced to Reinstate Superfund Taxes |
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Last month, Representatives Earl Blumenauer (D-OR) and Frank Pallone (D-NJ) introduced legislation, H.R. 3636, the Superfund Reinvestment Act, to reinstate the Superfund taxes that expired in 1996. The bill would reinstate and extend until 2018 all three parts of the Superfund tax – the corporate environmental income tax of .12 percent of taxable corporate incomes exceeding $2 million, the chemical feed-stocks excise tax on 42 listed chemicals at various rates, and the 9.7 cent/barrel crude oil excise tax. Similar legislation has been introduced in every Congress since these taxes expired; however, it is of greater concern now with a Congress that is seeking funds to pay for additional programs and to reform the existing tax structure, particularly the alternative minimum tax (AMT). In related news, last Wednesday the Senate Environment and Public Works (EPW) Committee held a hearing on the Superfund program, where Chairman Barbara Boxer (D-CA) expressed concerns about the declining pace of site clean ups and the lack of resources available to clean up remaining sites. |
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| Senate Bans Asbestos |
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Earlier this month, the Senate unanimously approved 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 an 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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| California Governor Signs Phthalates Ban Bill into Law |
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California Governor Arnold Schwarzenegger has signed a bill into law that would ban the manufacture, sale, or distribution of any product made for young children that contains more than one-tenth of one percent of phthalates beginning in 2009. California is the first state to enact such a ban. Several other states are considering similar bans of phthalates in certain products, and there is a concern that the California ban will give these proposals more momentum and credibility. The European Union and several other countries banned phthalates some time ago. |
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| NACD Sponsoring Cargo Tank Rollover Summits |
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At the request of the U.S. DOT, NACD is sponsoring a series of three Cargo Tank Rollover Summits along with the National Tank Truck Carriers (NTTC) and several other trade associations. NACD members and Affiliates are encouraged to participate in these FREE Summits to be held November 14 from 10 a.m. – 4 p.m. in St. Louis, MO, at the Renaissance Grand Hotel, November 28 from 9 a.m. – 3 p.m. in Baltimore, MD, at the new Westin BWI Airport Hotel, and December 4 from 9 a.m. – 3 p.m. in Oakland, CA, at the Marriott City Center. DOT now considers tank truck rollovers and the release of hazardous materials in those rollovers as one of its top safety concerns, and this is a priority issue in PHMSA’s strategic plan. The Summits will provide an opportunity for tank truck carrier and equipment manufacturer personnel to educate attendees on current training and management approaches to reducing rollovers. The Summits will also give industry and government an opportunity to solicit new ideas for rollover prevention from attendees, as well as to determine what tools they would like to see developed to combat rollovers. To register, please send your name, company, address, phone number, fax number, and e-mail address to Jennifer Gibson at jgibson@nacd.com, by Friday, November 9 for the St. Louis Summit, Tuesday, November 20 for the Baltimore Summit, or Friday, November 30 for the Oakland Summit. For additional information, see “What’s New” at www.nacd.com. |
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| It’s Not Too Late to Sign Up for the EPA Region 3 Conference |
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EPA Region 3 will hold the 2007 Emergency Preparedness and Prevention & HazMat Spills Conference in Pittsburgh, PA, December 2-5. The conference, “Partnerships: Bridging the Gap Between Preparedness & Response,” is designed for environmental, health, and safety and operations personnel, local emergency planning committee representatives, first responders, HazMat response teams, and law enforcement representatives. The registration fee is $250. The conference will be held at the Hilton Pittsburgh, where the group rate is $100/night. To reserve your room at this special rate, call 1-800-HILTONS by November 9. To register for the conference, and for detailed information on the program and venue, visit the conference Web site at http://www.2007conference.org. |
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| DOT Approves NACD's SSI Agreement |
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Reminder: U.S. DOT approved the non-disclosure agreement that NACD 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 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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| 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 reflect 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 as these rooms have been reserved for NACD registrants only. NACD will be comparing the rooming list against the registrations that have come in. If we find that you have not registered by the deadline, your room rate will be confirmed at the hotel's rack rate until we receive your registration form at NACD.
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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| NACD Vendor Expo - Sign Up Today! |
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We have a few spaces left to sell at the NACD Annual Meeting Vendor Expo. The Vendor Expo features companies showcasing an array of solutions, products, and services for the chemical industry. Who Exhibits: Equipment/service providers, chemical distributors, chemical suppliers.
2007 Vendor Expo Participants: /events/annual_meeting/expo.aspx#whoexhibits
To sign up, visit: /events/annual_meeting/expo.aspx.
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| OPSEM SURVEY WINNERS ANNOUNCEMENT |
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Winners for a complimentary second registration fee for next year’s OPSEM2008 are:
Attendee: Jeff Gackle, Coast Southwest Distribution Company
Exhibitor: Mike Yorston, Chemplan
Jeff and Mike, Congratulations!
Thanks, everyone, for giving us your feedback and completing the survey. Your comments help us improve and deliver a better program.
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| OPSEM2008, ORLANDO, FLORIDA |
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Please mark your calendars for OPSEM2008, September 10-12, 2008, at the Caribe Royale Orlando All Suites Hotel & Conference Center.
8101 World Center Drive
Orlando, FL 32821
Phone: 407/238-8000
For reservations, please mention the NACD Group Rate of $149 S/D.
www.cariberoyale.com
Hotel Reservations Deadline: August 16, 2008
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| Registration Now Open for University of Industrial Distribution (UID) |
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UID has sold out quickly the past four years so register as soon as possible! Download the brochure and register on-line by visiting www.univid.org.
2008 marks the 15th year that University of Industrial Distribution (UID) has been serving the distribution industry. UID is a concentrated educational program focused on the unique needs of the industrial wholesale distribution industry. Known worldwide for excellence in education, UID is sponsored by the leading industrial distribution professional associations, in cooperation with the Industrial Distribution Program of Purdue University. Working together, these groups take great pride in providing a superior learning experience.
Who Should Attend
CEO’s, Branch Managers, Sales & Marketing Managers, Purchasing Managers, Sales Personnel, Human Resources Directors, Operations Managers, Manufacturers, Personnel working with Distributors, Inventory Managers, and Training Managers -- Anyone looking for an opportunity to improve personal performance and/or the company’s bottom-line!
Program Dates
Sunday, March 2 through Wednesday, March 5, 2008
Registration and Fees
As a member of NACD, a UID sponsoring organization, registration for the conference is $995 ($1465 for non-members). For your convenience, the registration fee includes a continental breakfast, a buffet-style lunch, and morning & afternoon snacks. Dinner is the responsibility of the registrant.
Visit www.univid.org to register on-line.
Location and Accommodations
The University Place Conference Center and Hotel
850 W. Michigan Street
Indianapolis, IN 46202
800/627-2700
The conference rate is $135 per night for single and $155 per night for double. When calling for reservations, please identify the conference as the University of Industrial Distribution. University registrants must make their overnight reservations directly with the hotel prior to 5:00 p.m. Central Time on February 1, 2008, to receive these special rates. The hotel telephone number is 800/627-2700 (select Option 1). Check-in time is 4:00 p.m. and check-out is 11:00 a.m. The hotel bell staff will be happy to store your luggage until your departure.
Courtyard by Marriott Capitol
320 North Senate Avenue
Indianapolis, IN 46204
317/684-7733
The conference rate is $145 per night. When calling for reservations, please identify the conference as the University of Industrial Distribution. University registrants must make their overnight reservations directly with the hotel prior to 5:00 p.m. Central Time on February 1, 2008, to receive these special rates. The hotel telephone number is 317/684-7733.
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| You Be the Chemist Activity Guides - Available November 1 |
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The You Be The Chemist (YBTC) Activity Guides: Lesson Plans for Making Chemistry Fun (previously known as the YBTC kit) will be available for distribution on November 1. The Activity Guides are instructional aides designed to engage students in the science of chemistry and serve as great community outreach tools.
The two booklets, one for grades K-4 and the other for grades 5-8, will be available for purchase, separately ($12 and $15, respectively) or together ($20). Each booklet has approximately 30 educator-reviewed lesson plans, corresponding in-depth activity sheets, and project extensions. Also included is a Resource Guide that includes important chemists, vocabulary words, tips for non-chemistry educators 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. For more information about the YBTC Activity Guides or to place your order, please visit www.chemed.org, call CEF staff at 703/527-6223, or e-mail comments@chemed.org.
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| Nominate a Colleague for the Vanguard Award! |
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CEF is currently accepting nominations for the Vanguard Award. Each year, the Vanguard Award is presented to a member of the chemical industry whose leadership and outreach initiatives help advance the Foundation's mission of fostering a greater understanding of the science and value of chemistry and chemicals. For more details and to view the submission form, please visit www.chemed.org/Vanguard_Award.htm, or call CEF staff at 703/527-6223 or e-mail comments@chemed.org.
The deadline for submissions is January 31, 2008.
Mark Your Calendars!
Please join us April 7, 2008, in Washington, DC for the Vanguard Award Ceremony. The event will kick off NACD's Washington Fly-In week.
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| Help Us Honor an Educator in Your Community! |
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CEF is currently accepting submissions for the 2007 You Be The Chemist (YBTC) 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. Please direct educators in your community to http://www.chemed.org/Lesson_Plan.html for information on the competition and for examples of past winning lesson plans.
The first 50 entries will also receive a set of the YBTC Activity Guides. In addition, the school of each category's 1st-place winner will receive $250 for purchasing science education material! The deadline for submissions is December 20.
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Who Is NACD?
