April 10, 2007 Volume 8 Issue 8

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 Rule Published House Subcommittee Approves Ammonium Nitrate Bill New Report Focuses on Chlorine Gas Risks Environmental Defense Urges Chemical Policy "Best Practices" Responsible Distribution Process Register Today - RDP Workshop - May 1-2 Interested in Reducing Your Supplier Audits? Mandatory NACD Questionnaires Overdue Networking and Education Washington Fly-In - Registration Deadline Next Week NACD OPSEM2007, Nashville, TN, September 19-21 2007 Annual Meeting Central Region Meeting – June 19-20, 2007 Chemical Education Foundation You Be The Chemist Challenge Vanguard Award   Calendar of Events   Education and Training   Annual Meeting   OPSEM Chemical Security Rule Published    As announced in last week's NACD Regulatory Alert, the Department of Homeland Security (DHS) released the interim final rule on chemical security on its Web site on Monday, April 2. The notice was published in yesterday's issue of the Federal Register, officially starting the clock on implementation. The rule will take effect 60 days from April 9. In addition, comments on the list of chemicals and quantities covered (Appendix A of the interim final rule), the only issue open for comment, will be due on May 9. NACD will solicit input on the list from the Security Task Group and submit comments to DHS. If you have comments and/or concerns about the list, please let Jennifer Gibson know as soon as possible at jgibson@nacd.com or 703/527-6223, ext. 103, or submit comments directly to DHS by following the instructions in the rule. To access the rule in the Federal Register, go to http://www.gpoaccess.gov/fr/index.html, type "page 17688" into the first box, and hit the "submit" key. DHS intentionally made the list broad to include a wide range of facilities. All facilities with chemicals on the final list to be released after the comment period will be required to fill out an on-line initial screening profile known as the "Top Screen." This process will remove many facilities from the process, while those still in will have 90 days to complete a security vulnerability assessment (SVA). Although the regulations will not take effect until June, DHS is strongly recommending that companies begin the process of registering for the on-line DHS Chemical Security Assessment Tool (CSAT), which includes the "Top Screen" consequence assessment, the DHS security vulnerability assessment, and the site security plan template. To access the CSAT, go to www.DHS.gov/chemicalsecurity.       Back to Top   House Subcommittee Approves Ammonium Nitrate Bill   On March 29, the House Homeland Security Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology approved H.R. 1680, the Secure Handling of Ammonium Nitrate Act. The bill would require owners of ammonium nitrate facilities and purchasers of the substance to register with DHS. Those who transfer or sell ammonium nitrate would be required to keep records of transaction records for three years. The full House Homeland Security committee is expected to take up the bill later this month. The Senate and House Homeland Security Committees each passed similar legislation in the 109th Congress, but the bills did not make it to enactment stage.       Back to Top   New Report Focuses on Chlorine Gas Risks   Last week, the Center for American Progress released a new report entitled "Toxic Trains and the Terrorist Threat: How Water Utilities Can Get Chlorine Gas Off the Rails and Out of American Communities." The report points out that 37 drinking water and wastewater treatment facilities around the country still receive chlorine gas by rail. It criticizes the recently enacted chemical security legislation for exempting water treatment facilities, failing to address transportation issues, and avoiding safer technology requirements. The report calls on Congress to assist water utilities in converting from chlorine gas to alternative substances, to require chemical facilities to consider safer technologies, and to require facilities to account for transportation risks when developing security vulnerability assessments and plans. To view this report, or others that the organization has produced on chemical and HazMat transportation security over the past few years, go to http://www.americanprogress.org/issues/2007/04/chemical_security_report.html.       Back to Top   Environmental Defense Urges Chemical Policy "Best Practices"   Also last week, Environmental Defense and a Canadian organization called Pollution Probe released a report comparing the European Union REACH regulation with industrial chemicals policies in the U.S. and Canada. The report says that over the past several decades, "government policies have granted chemicals already in commerce 'a presumption of innocence' with companies largely free to produce and use such chemicals as they've seen fit in the absence of compelling evidence of harm." The report discusses a "paradigm shift" beginning to emerge that places more burden on the chemical industry to provide information on substances. The report urges governments to adopt policies to facilitate this shift. With the enactment of REACH in Europe, it is likely that Congress will debate similar measures within the next few years. NACD and other chemical associations are preparing for this debate. To see the Environmental Defense report, go to the organization's Web site at http://www.environmentaldefense.org.       Back to Top     Register Today - RDP Workshop - May 1-2   The registration deadline for the RDP Workshop was yesterday, April 9, but NACD will still accept late registrations. Whether your company is preparing for an upcoming RDP verification or you just need a refresher on the nuts & bolts of RDP, you will not want to miss this workshop. Highlights of the workshop will include small group discussions led by peers who have 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 workshop will be held at the Tremont Plaza Hotel in downtown Baltimore, MD. The hotel reservation deadline was also yesterday, but they may still be able to accommodate you if you call 410/727-2222. For complete information and a registration form, go to /dist_process/workshops.aspx.       Back to Top   Interested in Reducing Your Supplier Audits?   Then, encourage your suppliers to participate in the Supplier-nominated RDP Verification process. Visit /dist_process/srdpv.aspx to learn more and to view a list of current Supplier Funders.       Back to Top   Mandatory NACD Questionnaires Overdue   If your company is one of the handful of NACD member companies that has not yet submitted the completed 2006 NACD Membership and Performance Data Questionnaire, please make sure this is done as soon as possible. NACD staff is in the process of contacting members who have not yet submitted this mandatory questionnaire as a reminder and to offer assistance. The completed questionnaires can be faxed to the NACD office at 703/527-7747, or e-mailed to Jennifer Gibson at jgibson@nacd.com. Contact Jennifer Gibson at 703/527-6223, ext. 103, or by e-mail if you have questions or need another copy of the questionnaire.       Back to Top   Washington Fly-In - Registration Deadline Next Week   The deadline to register for the NACD Washington Fly-In and to make hotel reservations is Friday, April 20 - next week. This important event will take place May 15-16 and will feature a full day of meetings with Senators and Representatives on Capitol Hill as well as the opportunity to interact with high level officials from the agencies whose regulations most impact NACD members. DHS Assistant Secretary for Infrastructure Protection Robert Stephan will speak to participants on Tuesday, May 15 following the “Congress 101” briefing session. This will be very timely as the new chemical security interim final rule will take effect a few weeks after the Fly-In. In addition, a special meeting is confirmed with DOT Acting Deputy Secretary/PHMSA Administrator Thomas Barrett for 5 p.m. on Wednesday, May 16. This will be an excellent opportunity to discuss HazMat transportation security initiatives and to educate Deputy Secretary Barrett on how RDP promotes the safe and secure transportation of HazMat. Please register for the Fly-In today, so NACD staff can begin to schedule your appointments on Capitol Hill. For a registration form and program updates, go to /advocacy/washingtonFlyin.aspx. Also, please make your hotel reservations as soon as possible at the Hamilton Crowne Plaza by calling 1-800/263-9802 and referencing the NACD Washington Fly-In. Rooms are going fast.       Back to Top   NACD OPSEM2007, Nashville, TN, September 19-21   Deadline for the Early Bird Booth Rate: Next Monday, 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! Reserve your room today at /events/annual_meeting.       Back to Top   Central Region Meeting – June 19-20, 2007   The Ritz-Carlton, St. Louis, MO NACD Group Room Rate: $199.00 nightly + taxes Reservations: 800/241-3333 by the deadline of Friday, May 25, 2007 For more information, visit /about/regions/central/central_regional_meetings.aspx       Back to Top   You Be The Chemist Challenge   Congratulations to the newest local-level You Be The Chemist (YBTC) Challenge winners! Dylan Johnson, Stuart Pepper Middle School, Brandenburg, KY - winner of the Meade County YBTC Challenge, sponsored by Arch Chemicals, Inc., also of Brandenburg. Stephanie Astle, Bleyl Middle School, Houston, TX - winner of the Houston Challenge, sponsored by Expo Chemical Co., Inc., also of Houston. Both students will be traveling to Philadelphia, PA, in June to compete in the National YBTC Challenge. For more information on attending the National YBTC Challenge, please visit the CEF Web site, www.chemed.org, or contact CEF staff at 703/527-6223.       Back to Top   Vanguard Award   Richard (Dick) A. Peacock, President of PVS-Nolwood Chemical, Inc., located in Detroit, MI, has been announced as the winner of CEF's Vanguard Award. The Award honors leaders in the chemical industry who have shown commitment to implementing chemistry related outreach activities in the communities in which their company operates. Under Peacock's leadership, PVS-Nolwood has actively promoted chemistry education in the Detroit area. Examples of the company's outreach initiatives include the implementation of CEF's YBTC Challenge by sponsoring four sites in the Detroit area, and working with their parent company, PVS Chemicals, Inc., Chicago, IL, to expand the Challenge into the Chicago Public Schools. Additionally, PVS-Nolwood held information nights to demonstrate chemistry experiments to area educators, and distributed nearly 300 CEF YBTC kits. Peacock will be honored at the Vanguard Award Ceremony on May 14 at The University Club in Washington, DC. The ceremony will kick-off NACD's Annual Washington Fly-In. CEF invites you to join us, as we honor a deserving member of the chemical industry. For more information on the Award or to attend, please visit www.chemed.org or contact the CEF staff at 703/527-6223.       Back to Top