March 27, 2007 Volume # 8 Issue # 7

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 Chemical Security Amendments Attached to Appropriations Bill Mixed Results on Votes to Require Re-Routing of HazMat New Jersey DEP Proposes Expansion of IST Requirement Union Debate Begins in the Senate Responsible Distribution Process Register Today - RDP Workshop - May 1-2 Mandatory NACD Questionnaires Overdue Two New Regular Members Networking and Education NACD Washington Fly-In - May 15-16 NACD OPSEM2007, Nashville, TN, September 19-21 2007 Annual Meeting Chemical Education Foundation UOP, LLC Holds Regional YBTC Challenge CEF Visits Texas TransCAER® Representatives Vanguard Award Ceremony - May 14 Calendar of Events   Calendar of Events   Education and Training   Annual Meeting   OPSEM Chemical Security Amendments Attached to Appropriations Bill   Both the House and Senate versions of the Emergency Supplemental Appropriations legislation to continue funding the war in Iraq contain unfavorable language on chemical security. The House bill, H.R. 1591, includes language to give the Department of Homeland Security (DHS) authority to disapprove a security plan because of a lack of specific security measures such as the use of "inherently safer technologies," to weaken the protections for sensitive information, to allow for third-party lawsuits against facilities, and to allow states and localities to impose requirements that differ from federal standards. The House passed this legislation last Friday. The Senate bill only contains one of these provisions – to allow states and localities to require measures beyond federal standards. This is arguably the most troubling of all of the measures because it would open the door for these jurisdictions to adopt their own requirements, which could result in a patchwork of different rules throughout the country, making compliance difficult for any company that does business across state lines. The Senate legislation is on the floor this week, and NACD is working with other industry partners to strip the language from the bill. Yesterday, NACD sent out an action alert asking members to contact their Senators about this. Although the President will likely veto the legislation because of provisions to set a timetable for troop withdrawal from Iraq, this fight is far from over. It is likely that attempts will be made to include similar amendments in future legislation. In addition, at least two stand-alone bills have been introduced in the House. Rep. Sheila Jackson-Lee (D-TX) has introduced H.R. 1530, which mirrors the House version of the appropriations language, and Rep. Christopher Smith (R-NJ) has introduced H.R. 1574, which focuses solely on allowing states and localities to impose requirements above and beyond federal standards. For more information, or for copies of any of the above-mentioned legislation, please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223.       Back to Top   Mixed Results on Votes to Require Re-Routing of HazMat   As the Senate completed consideration of S. 4 to adopt the 9-11 Commission recommendations, one of the last actions was to soundly defeat, by a vote of 73-25, an amendment by Sen. Joe Biden (D-DE) to require mandatory rerouting of extremely hazardous materials around high-threat and urban areas. However, on the same day, the House Homeland Security Committee approved a similar amendment by Rep. Ed Markey (D-MA) to H.R. 1401, the "Rail and Public Transportation Security Act." This bill is scheduled for House floor action this week. For more information, contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.       Back to Top   New Jersey DEP Proposes Expansion of IST Requirement   The New Jersey Department of Environmental Protection (DEP) has announced that it will more than double the number of chemical facilities required to conduct "Inherently Safer Technology" (IST) reviews from 42 to 94. In late 2005, the State of New Jersey issued a prescriptive order to impose chemical security standards on facilities, including a requirement on chemical manufacturers covered by the state's Toxic Catastrophe Prevention Act (TCPA) to conduct IST reviews to determine whether they can switch to less hazardous materials and processes. The measure is scheduled to be published in the New Jersey Register on April 16, and there will be a 60-day comment period. A public hearing will be held on Monday, May 14 in Trenton. For a copy of the announcement go to http://www.state.nj.us/dep/rules/proposals/20070416a.pdf. In related news, DEP Commissioner Lisa Jackson has issued an Administrative Order to ensure that workers and union representatives are able to participate in DEP TCPA and Discharge Prevention and Containment Control inspections. For a copy of the press release announcing the IST expansion and the Administrative Order, go to http://www.state.nj.us/dep/index.html.       Back to Top   Union Debate Begins in the Senate   Debate kicks off in the Senate today on the so-called "Employee Free Choice Act," to allow a simple card check procedure to organize a union in a workplace, rather than a secret ballot of employees. The Health, Education, Labor, and Pensions Committee, chaired by Sen. Ted Kennedy (D-MA), a strong supporter of the legislation, is holding a hearing on the bill today. The House passed the legislation earlier this month. The business community, including NACD, is fighting the bill in the Senate, where opponents will have the tool of the filibuster to slow or stop its consideration. For more information on this issue, visit the Coalition for a Democratic Workplace Web site at http://www.myprivateballot.com.       Back to Top   Register Today - RDP Workshop - May 1-2   If your company's on-site verification is coming up within the next few months, one of the best ways to prepare is to participate in the next RDP Workshop, to be held May 1-2 at the Tremont Plaza Hotel in downtown Baltimore, MD. Highlights of the workshop will include small group discussions led by peers with many years of RDP experience on how to implement RDP Policies and Procedures and practical insights into how to prepare for your on-site verification. The registration deadline for the workshop and hotel is April 9. For complete information and a registration form, go to /dist_process/workshops.aspx.       Back to Top   Mandatory NACD Questionnaires Overdue   If your company is one of the 35 NACD member companies that have not yet submitted the completed 2006 NACD Membership and Performance Data Questionnaire, please make sure this is done as soon as possible. The questionnaires can be faxed to the NACD office at 703/527-7747, or e-mailed to Jennifer Gibson at jgibson@nacd.com. As a reminder, annual completion of this important questionnaire is now a mandatory condition of membership in NACD. Contact Jennifer Gibson at 703/527-6223, or by e-mail if you have questions or need another copy of the questionnaire.       Back to Top   Two New Regular Members   NACD would like to congratulate two companies – Harry W. Gaffney & Co., Inc., and K.G. International, Inc. – that recently passed RDP Document Verification and are now Regular members. To view a recent press release on companies that have passed RDP Document Verification since November 2006, please visit /news/pressdetail.aspx?pressID=272.       Back to Top   NACD Washington Fly-In - May 15-16   Invest in the future of your business and the chemical distribution industry by participating in the 2007 Washington Fly-In. The Government Affairs Committee has set a goal of having at least one attendee to represent every state in which NACD member companies operate. This is more important than ever this year with 10 new Senators, 55 new Representatives, and all new committee chairs, some of whom have a history of opposing the chemical industry on important issues such as chemical security and mandatory re-routing of hazardous materials. Register today, so that NACD staff can begin to schedule your appointments on Capitol Hill! For a registration form and program updates, go to /advocacy/washingtonFlyin.aspx.       Back to Top   NACD OPSEM2007, Nashville, TN, September 19-21   The Exhibitor & Sponsor Prospectus was mailed last week and is also available at /docs/events/opsem/2007/pdf/07ExhProspectus.pdf. The Early Bird Booth Deadline: April 16. Sign up at: /events/opsem/exhibit.aspx. Thank You Early Bird Sponsors, to view the list go to /events/opsem/sponsor.aspx.       Back to Top   2007 Annual Meeting   El Conquistador Golf Resort & Casino, Las Croabas, Puerto Rico November 26-20, 2007 Our room block is filling up – we are at 35% capacity as of today. Don't wait until the last minute to book your rooms Reserve your room today by calling 787/863-1000.       Back to Top   UOP, LLC Holds Regional YBTC Challenge   UOP, LLC of Des Plaines, IL, recently held their regional You Be The Chemist (YBTC) Challenge competition. Robert Osiol of Lincoln Junior High School in Mount Prospect, IL, Arun Nair of Friendship Junior High School in Des Plaines, and Alex Ball, also of Lincoln Junior High School, placed 1st, 2nd, and 3rd, respectively. These three students will move on to compete in the Illinois State YBTC Challenge competition to be held on May 1 in Schaumburg, IL. There they will compete against nine students from three other Illinois YBTC Challenge sites. The first and second place winners of the Illinois State YBTC Challenge will advance to the June 15 National YBTC Challenge in Philadelphia, PA.       Back to Top   CEF Visits Texas TransCAER® Representatives   CEF Managing Director John Rice will visit Houston, TX, this week to meet with representatives of the Texas TransCAER® organization. Texas TransCAER® is a volunteer non-profit organization with representatives from chemical manufacturing, transportation, distribution, and emergency response industries. Other industry organizations and government officials also actively participate. This national outreach effort focuses on assisting communities as they prepare for a possible hazardous material transport incident. The group operates under the American Chemistry Council and American Association of Railroads. Rice serves on the National TransCAER® Committee.       Back to Top   Vanguard Award Ceremony - May 14   CEF would like to invite you to join us in Washington, DC, to honor another worthy individual with the Vanguard Award. The award ceremony will take place on May 14 at The University Club. The University Club has long been known for its elegance, tradition, and social ambiance. Since 1904, the Club's motto remains, "Enter all ye who have a degree of good fellowship and learning." The Vanguard Award Ceremony will consist of a 6 pm reception and 7 pm dinner, guest speaker, and award presentation. Attendees include chemical distributors, chemical manufacturers, and chemical industry-related organizations. In addition to recognizing a valued leader in the chemical industry, the Vanguard Award Ceremony also provides an excellent opportunity to network with industry colleagues. Please visit http://www.chemed.org/07VAward.html or contact CEF staff if you would like more information on this year's ceremony. For more information on CEF programs and publications, please visit the CEF Web site at www.chemed.org or contact the CEF staff by phone at 703/527-6223 or by e-mail at comments@chemed.org.       Back to Top