January 15, 2008 Volume # 9 Issue # 2

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 CFATS Top Screens Due to DHS Next Week – Tuesday, January 22 PHMSA Requests Comments on Recommended HazMat Loading and Unloading Practices FMCSA Proposes New Training Requirements for Drivers PHMSA Revises List of Hazardous Substances and Reportable Quantities DHS Publishes NPRM on Importer Security Requirements Participate in the 2008 NACD Washington Fly-In – April 8-9 New REACH Presentation Posted on NACD Web Site Responsible Distribution Process New RDP Members RDP Code Coordinator Workshop Reduce Number and Cost of Supplier Audits New Report: Process Safety Performance Networking and Education ZAP THE GAP! A Webinar on How to Solve the Multi-Generational Puzzle OPSEM2008 Annual Meeting 2008 – We Need Your Program Ideas! Chemical Education Foundation Vanguard Award Nominations: Deadline Extended Thank You! Industry Members Promote Chemistry Education    Calendar of Events   Education and Training   OPSEM CFATS Top Screens Due to DHS Next Week – Tuesday, January 22   Facilities only have a few more days until Tuesday, January 22 to submit Top Screen consequence assessments to the Department of Homeland Security (DHS) under the Chemical Facility Anti-Terrorism Standards (CFATS). January 22 is a few days beyond the 60-days from the November 20 publication of Appendix A in the Federal Register. DHS adjusted the deadline to allow for the weekend and the Martin Luther King Holiday on Monday, January 21. This deadline, as well as additional new information, has been posted on the DHS Chemical Security Web site at http://www.dhs.gov/chemicalsecurity. There is a wealth of information on this site, including copies of the CFATS rule and Appendix A, user manuals for both the Chemical Security Assessment Tool (CSAT) and the Top Screen, and an extensive list of questions and answers, which is updated as new questions are addressed. To access the questions and answers, click on the “CSAT Frequently Asked Questions Web Site” link. If you have questions, please contact the CSAT help desk at csat@dhs.gov or 866/323-2957. The individuals there are well-aware of the impending deadline and will do their best to answer your questions promptly.       Back to Top   PHMSA Requests Comments on Recommended HazMat Loading and Unloading Practices   On January 4, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice and request for comments in the Federal Register on proposed recommended practices for bulk loading and unloading of hazardous materials in transportation. This follows a public workshop PHMSA held on the topic last June in Washington, DC. In addition, last November, the Dangerous Goods Advisory Council filed a petition with PHMSA to establish requirements in this area. The notice summarizes incident data related to bulk loading and unloading operations, discusses recommendations issued by the National Transportation Safety Board and the Chemical and Safety Hazard Investigation Board, provides an overview of the current regulations, summarizes the results of the June workshop, and outlines the recommended bulk loading and unloading practices. PHMSA is seeking comment on whether additional regulatory requirements are necessary and on whether there are gaps and/or overlaps in PHMSA, Occupational Safety and Health Administration, Environmental Protection Agency, and U.S. Coast Guard regulations that adversely impact safety. PHMSA’s attention to this issue could be the 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. The NACD Transportation Issues Task Group will review this notice and provide input so NACD can submit comments by the February 8, 2008 deadline. If you would like to participate in this effort, or if you have comments you would like to have included in NACD’s submission, please contact NACD Vice President of Government & Public Affairs Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103. To access the notice, go to http://www.gpoaccess.gov/fr/index.html, type “page 916” into the top box, and hit the submit key, or contact Jennifer Gibson.       Back to Top   FMCSA Proposes New Training Requirements for Drivers   Last month, the Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking in the Federal Register to revise the standards for mandatory training requirements for entry-level drivers of commercial motor vehicles in interstate operations who are required to possess a commercial driver’s license (CDL). Under the proposal, three years after the final rule takes effect, individuals applying for new or upgraded CDLs would be required to successfully complete specified minimum classroom and behind-the-wheel training from an accredited institution or program. In order for the state to issue a CDL, the applicant would be required to present a valid Driver Training Certificate from the accredited institution or program. Admitting that there is a lack of data to indicate that these new requirements would reduce crash rates, FMCSA is seeking comments on the analytic basis and justification for the proposed rule. The agency is also seeking comments about existing student capacity at training schools, whether the three-year implementation is appropriate, and probable costs and impacts on carrier operations. The NACD Transportation Issues Task Group will review this notice and provide input so NACD can submit comments by the March 25, 2008 deadline. If you would like to participate in this effort, or if you have comments you would like to have included in NACD’s submission, please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103. To access the notice, go to http://www.gpoaccess.gov/fr/index.html, scroll down to “Browse the Table of Contents from back issues” and choose 2007, then choose Wednesday December 26, 2007, and scroll down to Federal Motor Carrier Safety Administration; or contact Jennifer Gibson for a copy.       Back to Top   PHMSA Revises List of Hazardous Substances and Reportable Quantities   On Monday, January 7, PHMSA published a final rule in the Federal Register that amends the Hazardous Materials Regulations (HMR) by revising the list of hazardous substances and reportable quantities and by correcting editorial errors to the list. The rule addresses a requirement under the Comprehensive Environmental Response, Compensation, and Liability Act for PHMSA to list and regulate all hazardous substances designated by the Environmental Protection Agency. The final rule enables shippers and carriers to identify the affected hazardous substances, comply with applicable regulatory requirements, and make the required notifications if a release occurs. PHMSA does not consider this final rule to be a significant regulatory action and estimates that the economic impact will be minimal. The rule will take effect on March 31, 2008, and voluntary compliance is authorized as of February 29, 2008. For a copy of the final rule, go to http://www.gpoaccess.gov/fr/index.html, type “page 1089” into the top box, and hit the submit key, or contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.       Back to Top   DHS Publishes NPRM on Importer Security Requirements   On January 2, the Bureau of Customs and Border Protection (CBP) of DHS published a notice of proposed rulemaking in the Federal Register to require both importers and carriers to submit additional information on cargo before the cargo is brought into the U.S. by vessel. This information includes items such as the names and addresses of the suppliers, sellers, buyers, and shipment receivers; the container stuffing location; and the importer of record number. CBP must receive the information through an agency-approved electronic data interchange system. CBP says that the information is necessary to identify high-risk shipments in order to prevent smuggling and to ensure cargo safety and security. CBP also says that the proposed regulations are intended to fulfill the requirements of the Security and Accountability for Every (SAFE) Port Act, and the Trade Act of 2002, as amended by the Maritime Transportation Security Act. Comments are due on March 3, 2008. For a copy of the proposal, go to http://www.gpoaccess.gov/fr/index.html, type “page 90” into the top box, and hit the submit key, or contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.       Back to Top   Participate in the 2008 NACD Washington Fly-In – April 8-9   Chemical security legislation is only one of several issues Congress will consider this year that will have an impact on your company’s operations and bottom line. You can have a positive impact on these issues by participating in the 2008 NACD Washington Fly-In. Numerous surveys of congressional offices have demonstrated that a face-to-face constituent visit with a Senator, Representative, or one of their staff members is more effective than any other lobbying technique, including phone calls, letters, and sending Washington lobbyists to Capitol Hill. The Fly-In, which will take place April 8-9, is the perfect opportunity for you to have these face-to-face meetings. The host hotel for the Fly-In 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.       Back to Top   New REACH Presentation Posted on NACD Web Site   FECC and ICCTA President Alan Looney delivered an excellent, information-filled presentation on REACH during the recent NACD Annual Meeting in Puerto Rico on November 28. In case you missed it, the presentation is now posted on the REACH resources page of the NACD Web site at /advocacy/resources.aspx.       Back to Top   New RDP Members   Congratulations to those graduating members of the RDP Candidate Class of 2007.  The following companies have successfully passed RDP document verification and are now Regular members of NACD: ·         Advanced Chemical Logistics, LTD. ·         Connell Bros. Company, LTD. ·         Environmental Management and Engineering Solutions ·         J. Drasner & Co., Inc. ·         Loos & Dilworth, Inc.            ·         Pochteca Materias Primas S.A. de C.V. (formerly, Grupo Dermet S.A. de C.V.)* ·         Roberts Chemical Co., Inc.     ·         Shepherd Bros. Inc.    ·         Sweetlake Chemical *Candidate class of 2008       Back to Top   RDP Code Coordinator Workshop   Mark your calendars for the RDP Code Coordinator Orientation and Workshop in Chicago, IL on May 5-6, 2008.  New this year is a mock audit!  Since space is limited, reserve your spot by emailing Mike Lang, RDP Director, today at mlang@nacd.com.        Back to Top   Reduce Number and Cost of Supplier Audits   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.       Back to Top   New Report: Process Safety Performance   The Center for Chemical Process Safety (CCPS) initiated a project in late 2006 to develop a focused set of lagging Process Safety metrics to help industry monitor progress and drive improvement in Process Safety Programs. In addition to a recommended industry-wide lagging metrics, CCPS suggests leading metrics and near miss reporting definitions. View the report Process Safety Leading and Lagging Metrics: You don't improve what you don't measure.        Back to Top   ZAP THE GAP! A Webinar on How to Solve the Multi-Generational Puzzle   Wednesday, March 12, 2008 - 1:00 pm - 2:30 pm (Eastern) If you think you have heard all there is to hear about the four different generations in the workplace, you have not heard this hilarious spin on how to attract, train, market, manage, and retain people from every generation. You get to laugh while acquiring tools you can use immediately to improve your multi-generational relationships with clients, customers, and co-workers. For more information and to register, visit /events/development/.       Back to Top   OPSEM2008   Attention Distributors and Affiliates! Please mark your calendars now for OPSEM2008, go to www.nacd.com/events/opsem for hotel and booth information. Thanks to all the exhibitors that have already signed up. To view the list of exhibitors, visit /events/opsem/exhibit.aspx. Exhibitors! Book your 2008 booth at the Early-Bird Rate of $1,095 (Affiliates) and $1,300 (Non-Affiliates) for a 10’x10’ booth! Early-Bird Rate expires April 16, 2008.       Back to Top   Annual Meeting 2008 – We Need Your Program Ideas!   If you have any Keynote and Industry Keynote speakers that you would like us to consider, please e-mail Roselle Foley at rfoley@nacd.com.       Back to Top     Vanguard Award Nominations: Deadline Extended   CEF encourages NACD members and Affiliates to nominate industry peers who are making a difference! 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 information or to download the submission form, please visit the CEF Web site at http://www.chemed.org/Vanguard_Award.htm. The new submission deadline is January 31.   Mark your calendars! On April 7, the Vanguard Award Ceremony will be held at the Hotel Palomar in Arlington, VA. The event will kick off NACD’s Washington Fly-In week.       Back to Top   Thank You! Industry Members Promote Chemistry Education   CEF would like to thank the following companies and associations for their recent purchase of You Be The Chemist Activity Guides: Lesson Plans for Making Chemistry Fun!   BASF Corporation, Charlotte, NC SAL Chemical, Weirton, WV Pacific Coast Chemicals Co., Berkeley, CA Accron, LP, Magnolia, TX Brenntag North America, Inc., Reading, PA Expo Chemical Company Co, Inc., Houston, TX E.T. Horn Company, La Mirada, CA RMD, Toledo, OH Arch Chemicals, Inc., various locations Tarr, LLC, Portland, OR Van Horn, Metz, & Co., Inc., Conshohocken, PA DuPont Flouroproducts, Wilmington, DE Canadian Association of Chemical Distributors (CACD)       Back to Top