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| December 4, 2007 |
Volume # 8 |
Issue # 25 |
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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
| NACD to Co-Host CFATS CSAT Webinar – December 18 |
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As you know, Top Screen consequence assessments under the Chemical Facility Anti-Terrorism Standards (CFATS) are due to the Department of Homeland Security (DHS) on January 22, 2008, which will be here before we know it. To help you prepare for this deadline, NACD is co-hosting a Webinar from 1:00 to 4:00 p.m. Eastern time on Tuesday, December 18. This timely Webinar will focus on the on-line DHS Chemical Security Assessment Tool and will also address key topics including how to calculate and report inventories, including mixtures, what will happen after facilities submit their Top Screens, and what “high risk” facilities can expect. Speakers will include DHS (invited), Jamie Conrad, Principal of Conrad Law & Policy Council, and Judy Perry, Partner of ioMOSAIC. Other co-hosts include ChemAlliance and SOCMA. You can pre-register for the Webinar and find more detailed information on it at http://www.chemalliance.org/cfats_webinar.asp. Space is limited, so pre-registration is recommended. The official registration site will be available on Monday, December 10. The cost for the Webinar $150 for members of the co-hosting organizations, including NACD, and $200 for the general public. If you would like additional information, please contact NACD Vice President of Government & Public Affairs Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103. |
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| Your Customers Could be Covered by CFATS |
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If you have not already done so, it is a good idea to share information about CFATS with your customers who purchase Appendix A chemicals of interest at or above the threshold quantities. DHS is relying on the chemical security Web site, http://www.dhs.gov/chemicalsecurity, the Federal Register, and trade associations such as NACD to get the word out about CFATS requirements. By making sure your customers are aware of this new regulation, you could save them future surprises or problems. |
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| States Sue EPA Over New TRI Rules |
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Last week, twelve states, led by New York Attorney General Andrew Cuomo, filed suit against the U.S. Environmental Protection Agency (EPA) over a 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 states argue that EPA’s changes to the rule were “arbitrary and capricious” and that the public is now denied access to information about chemicals in their communities as a result. Last July, the changes the Senate Environment and Public Works (EPW) Committee approved a bill to overturn the TRI final rule and to codify the requirements as they were prior to EPA’s revisions. The Subcommittee on Environment and Hazardous Materials of the House Energy & Commerce Committee also held a hearing on the subject in October. |
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| DGAC Petitions PHMSA for Rulemaking on Loading and Unloading |
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On November 19, the Dangerous Goods Advisory Council filed a petition with the Pipeline and Hazardous Materials Safety Administration (PHMSA) to establish requirements for the loading, unloading, and storage of hazardous materials. Last summer, PHMSA issued a report and held a public workshop on this topic in Washington. The report stated that 27 percent of serious hazardous materials incidents occur during the loading and unloading of cargo and that another 24 percent may be traceable to loading errors such as failure to secure a closure. PHMSA’s attention to this issue and the DGAC petition could be first steps in restoring some of the agency’s jurisdiction over loading and unloading, which was abdicated through the HM-223 rule several years ago. To view the PHMSA report and presentation’s from last summer’s workshop, go to http://dms.dot.gov, choose simple search, enter 28119 into the box, and hit the search key. |
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| OSHA Publishes Final Rule on Personal Protective Equipment |
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On November 15, the Occupational Safety and Health Administration (OSHA) published a final rule to clarify the obligation of employers to pay for personal protective equipment (PPE) for employees. Prior to the promulgation of this rule, OSHA standards generally stated that employers were required to provide PPE, but did not specify that there should be no cost to the employee. In the rule, OSHA requires employers to pay for the PPE used to comply with OSHA standards, with a few exceptions. For example, the rule does not require employers to pay for PPE where none has been required before. The rule will take effect on February 13, 2008, and must be implemented by May 15, 2008. For a copy of the final rule, go to http://www.gpoaccess.gov/fr/index.html, type “page 64342” into the top box, and hit the search key. |
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| Massachusetts “Safer Alternatives” Bill Postponed |
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At the end of its 2007 legislative session, the Massachusetts State Senate decided to postpone consideration of S. 2406, the “Safer Alternatives to Toxic Chemicals” Act, until 2008. This bill would have amended the Massachusetts Toxics Use Reduction Act (TURA) to establish a process to identify toxic chemicals in products; prioritize these substances on the basis of health, implementation, and policy concerns; research alternatives to these chemicals, identify substitutions; and establish regulations for the substitutions. The business community, including members of the Massachusetts Chemistry and Technology Alliance (MCTA), launched a strong grassroots campaign against the bill in the final days, and succeeded in having it pulled from consideration. The fight will continue in early 2008 as environmental organizations including the Alliance for a Healthy Tomorrow have vowed to continue to make enactment of this legislation their top priority. For a copy of the bill, contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103, or for more information on how to get involved with defeating the proposal in 2008, contact MCTA CEO David Wawer at 617/451-6282 or wawer@sbcglobal.net. |
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| Mark Your Calendar for the 2008 NACD Washington Fly-In – April 8-9 |
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With the increased level of regulatory and legislative activity in Washington impacting the chemical distribution industry, we have our work cut out for us in preserving a workable business climate. You can help by participating in the 2008 NACD Washington Fly-In to be held April 8-9. The host hotel is the brand new Hotel Palomar in Arlington, VA, just down the street from the NACD office and convenient to the Washington Metro, Capitol Hill, federal agencies, and numerous excellent restaurants. It is not too early to make your hotel reservations at the group rate of $249 S/D by calling 1-866/505-1001 and referencing the NACD Washington Fly-In. Registration and additional information on the 2008 Fly-In program will be available over the next few weeks, and updates will be posted at /advocacy/washingtonFlyin.aspx. For additional information, contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103. |
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| DHS Reports Increased Cyber Activities Targeting Private Sector Networks |
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The U.S. Computer Emergency Readiness Team (US-CERT) has issued a notice alerting the business community of increasingly sophisticated attempts to compromise private sector networks, including critical infrastructures. The primary infection vector has been Trojan e-mails; however, there is also evidence of compromised Web sites redirecting users to malicious sites without the users' knowledge. These methods attempt to exploit a variety of Web browser and application vulnerabilities in addition to zero-day exploits in order to install malicious code. Please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103 if you would like a copy of the entire notice. For more information on how to protect your facility from a cyber attack, go to http://www.us-cert.gov. |
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2006 NACD Membership & Performance Data Report Available
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The results of the 2006 NACD Membership & Performance Data Questionnaire are in. For the second year in a row, 100 percent of NACD Regular members reported. The highlight of the results is that members’ performance in the area of OSHA reportable injuries was the best in the history of this project. Members reported a total of 586 injuries, the second lowest ever behind 577 in 2004. The 2006 number is actually better because 39 additional companies representing 343 additional facilities and 3,478 additional employees reported over 2004. Even better is that the number of OSHA reportable lost work days was by far the lowest ever at 5,017, and significantly lower than the previous best of 5,476 in 2004. In addition, members reported $19.3 billion in sales, 1,537 facilities, 21,319 employees, 167.6 million miles traveled, 5.6 million shipments, 50.7 billion pounds of product delivered, 106 reportable site incidents involving handling and storage, 106 reportable site incidents involving loading and unloading, 1 OSHA reportable fatality, 324 vehicular accidents, 34 injuries resulting from vehicular accidents, and 1 fatality resulting from a vehicular accident. The full report is posted on the NACD Web site at /dist_process/rdp_indices_members.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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Two Elected to NACD Board of Directors
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Roger T. Harris, President of Producers Chemical Company, Batavia, IL, was elected, and Raymond J. Roembke, Jr., President of Superior Solvents and Chemicals, Indianapolis, IN, re-elected, as Directors at Large on the NACD Board of Directors. Elections were held last week during NACD’s 36th Annual Meeting in Las Croabas, Puerto Rico.
Also joining the Board is newly-appointed NACD Northeast Region President Jeanette Glose Partlow, President of Maryland Chemical Company, Inc. Read more… |
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J. Michael Coates Named Distributor of the Year
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J. Michael Coates, Vice President of Operations at LCI, Ltd., in Jacksonville, FL, was named the 2007 Distributor of the Year. Read more… |
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NACD Western Region Meeting – Save the Dates: January 8 and April 23-26, 2008
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Read more... |
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| Attention Affiliates -- Call for Papers! |
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One great benefit available to Affiliates is the opportunity to submit a proposal for speaker topic ideas for education sessions at NACD meetings and/or articles in NACD publications. As an NACD Affiliate, your company has expertise and knowledge on many current trends and issues in the chemical distribution industry. Think about a speaker and/or topic your company can provide for purposes of educating NACD members. Ideas will be considered for the NACD Annual Meeting, OPSEM, Regional Meetings, the Washington Fly-In, and stand-alone educational sessions. Topics will also be considered for articles for NACD publications such as the Chemical Distributor magazine. All submissions are due by January 11, 2008, and can be sent to kvanburen@nacd.com. Submissions should be for educational and informative purposes only. NACD will review all proposals and consider appropriate and applicable submissions based on the needs of our various meetings and publications. NACD cannot guarantee that ideas or submissions will be selected. For more information, please visit /events/development/
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| CEF Board of Trustees Changes (Effective December 31, 2007) |
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CEF would like to thank the following individuals for their service on the Board of Trustees.
· Pamela Butcher, Vice President, Marketing, The Dow Chemical Company
· Thomas H. Coyne, President, George S. Coyne Chemical Co., Inc.
· William G. Mays, President & CEO, Mays Chemical Company, Inc.
CEF also would like to welcome the following individuals to the Board of Trustees.
· Richard A. Peacock, President, PVS-Nolwood Chemicals, Inc.
· Barrett C. Fisher III, Executive Vice President, Van Horn, Metz & Co., Inc.
· Paul Russo, Professor of Chemistry, Louisiana State University
CEF is also pleased to announce the following changes to the CEF Officers.
· CEF President – Stephen R. Clark, CEO, Brenntag Holding GmbH
· CEF Vice President – Laura Dornbusch, President, Expo Chemical Co., Inc.
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| Thank You! |
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CEF would like to thank everyone who participated in our Mulligans, Distributor Squares, and You Be The Hot Shot fundraisers at NACD’s Annual Golf Tournament last week in Puerto Rico. Thanks to your generous support it was the most successful golf fundraiser to date -- $5,300. Thank you!
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| Still Time to Submit Lesson Plan Competition Entries |
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There is still time to let educators in your community know about the You Be The Chemist Lesson Plan Competition! Winners will be selected in one of three categories: Scientific Inquiry, Structure of Matter, and Human and Environmental Chemistry. In each category 1st place will win $1,000, 2nd place will win $500, and the 3rd place prize will be $250.
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Who Is NACD?
