| President Signs Omnibus with Chemical Security Language Into Law |
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Last Wednesday, President Bush signed into law the $555 billion omnibus appropriations bill to fund federal government operations for fiscal year 2008. Included in this legislation is language to allow states and localities to adopt chemical security laws and regulations more stringent than the federal standards unless they are in direct conflict with the federal rules. Despite opposition from NACD and others in the chemical industry, the language survived because it had been included in both the House and Senate versions of the Homeland Security Appropriations bill. Senator Frank Lautenberg (D), whose state of New Jersey has stringent chemical security regulations in place, spent a tremendous amount of time throughout 2007 to make sure that such a measure was enacted into law. Chemical security promises to be a major issue again in 2008 as the House Homeland Security Committee expects to take up legislation early in the year to make significant changes to the Chemical Facility Anti-Terrorism Standards (CFATS). If you would like a copy of the draft House bill, 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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| Facilities Now Have Less Than Three Weeks to Submit CFATS Top Screens to DHS |
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Tuesday, January 22 is the deadline for facilities to submit Top Screen consequence assessments to the Department of Homeland Security (DHS) under CFATS. If any of your facilities have chemicals of interest (COI) at or above the screening threshold quantities (STQs) listed in Appendix A as published in the Federal Register on November 20, 2007, on site, you should have registered by now for the DHS Chemical Security Assessment Tool (CSAT). The CSAT must be used to access and submit the Top Screen. You can find a wealth of information, including copies of the CFATS rule and Appendix A, user manuals for both CSAT and the Top Screen, and an extensive list of questions and answers at http://www.dhs.gov/chemicalsecurity. To access the questions and answers, click on the “CSAT Frequently Asked Questions website” link. This is regularly updated as the DHS CSAT help desk receives additional questions. 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. |
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| End-of-Session Tax Bill Limited to AMT Patch – R&D Tax Credit Extension Omitted |
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President Bush signed a tax bill into law last week that was limited to a temporary patch to prevent millions of additional individuals from being subject to the alternative minimum tax (AMT) for the 2007 tax year. The bill did not include an extension of the research and development (R&D) tax credit; therefore, this credit expired on Monday, December 31. According to the R&D Credit Coalition, this is the thirteenth time the credit has expired since its enactment in 1981. If precedent is any indication, Congress will find a way in 2008 to retroactively extend this tax credit. The other tax item of interest that was not addressed was the proposal to repeal the last-in, first-out (LIFO) inventory accounting method. It is likely that this issue will also be considered again in 2008. |
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| DOT Offers Free In-Person HazMat Training Sessions and Several Publications |
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The U.S. Department of Transportation (DOT) will hold several one-day Hazardous Materials Transportation Workshops throughout the country in 2008. These workshops include sessions on how to locate specific HazMat information in the Hazardous Materials Regulations (HMR), training requirements, packaging and labeling, shipping papers and emergency response information, placarding requirements, and security requirements. DOT will also offer a few two-day Multimodal Hazardous Materials Transportation Training seminars in 2008, which will provide more detail on the topics than the one-day workshops. All of these workshops and seminars are free. DOT also offers numerous publications and on-line training modules. To find out about the workshops, seminars, and other training materials, go to http://hazmat.dot.gov and click on Training & Outreach at the bottom the second column. |
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| Senate Confirms New PHMSA Administrator |
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Before adjourning for the year, the Senate confirmed the nomination of Carl T. Johnson to be the new Administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA). Johnson is a former President and CEO of the Compressed Gas Association. Prior to that, he worked for former Representative Amo Houghton (R-NY) and in the government relations department of Corning Glass Works. Johnson replaces Admiral Thomas Barrett, who left the PHMSA Administrator position in August to become Deputy Secretary of Transportation. Deputy PHMSA Administrator Krista Edwards has been serving as Acting Administrator since then. |
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| OSHA Publishes Direct Final Rule Removing Duplicative References to Industry Standards |
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On December 14, the Occupational Safety and Health Administration (OSHA) published a direct final rule in the Federal Register to remove several references to consensus standards that have requirements that duplicate, or are comparable to, other OSHA rules. The direct final rule will take effect on March 13, 2008, unless significant adverse comments are received by January 14, 2008. In the notice, OSHA says that it published a direct final rule rather than a proposed rule because the changes will not change employers’ substantive obligations or result in additional costs. Within the notice is a table listing the OSHA standards, the corresponding industry consensus standards, from either the American National Standards Institute or the National Fire Protection Administration, and OSHA comments about each item. If you would like a copy of the direct final rule, go to http://www.gpoaccess.gov/fr/index.html, type “page 71061” into the top box, and hit the submit key or contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103. |
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| Participate in the 2008 NACD Washington Fly-In – April 8-9 |
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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. |
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| European Chemicals Agency Updates REACH Frequently Asked Questions |
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The European Chemicals Agency (ECHA) recently updated its “Frequently Asked Questions on REACH by Industry” document. This comprehensive 31-page document contains questions and answers on many areas of REACH, including "only representatives," pre-registration, registration, and data sharing. To access this revised document, go to the ECHA home page at http://echa.europa.eu/home_en.html and click on the item on the right-hand side of the page that says “REACH FAQ Updated 14/12/07." You can also find a list of REACH resources, including a link to the ECHA home page, on the NACD Web site at /advocacy/resources.aspx. |
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| EPA Establishes Web Site on Chinese Environmental Law |
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The U.S. Environmental Protection Agency (EPA) recently launched the EPA-China Environmental Law Initiative Web site. According to the EPA General Counsel’s office, the objectives of the Web site are “to strengthen the legal framework for environmental protection in China” and “to provide a forum for sharing information and fostering an open dialogue with China on environmental law.” This effort is a partnership among several different parties including the EPA, the Environmental Committee of the American Chamber of Commerce in Shanghai, the Woodrow Wilson Center China Environment Forum, and two Washington, DC area law schools. Features of the Web site include information on new developments in Chinese environmental law, links to legal resources, including the English text of many Chinese environmental laws, and an e-mail update service. You can access this new Web site at http://www.epa.gov/ogc/china/initiative_home.htm. |
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| CA Air Board Publishes Advisory on New 2008 Consumer Product Requirements |
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The California Environmental Protection Agency Air Resources Board has published an advisory to manufacturers, distributors, and retailers of consumer products regarding changes to the volatile organic compounds (VOC) standards that took effect on January 1, 2008. The advisory also provides notification of a change to the definition of a multi-purpose solvent. This new definition includes any liquid product designed or labeled to be used for dispersing or dissolving or removing contaminants or other organic materials. To view the advisory, go to http://www.arb.ca.gov/enf/advs/advs370.pdf. You can access the entire set of VOC consumer products regulations at http://www.arb.ca.gov/consprod/regs/cp.pdf. |
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| RDP Internal Audits Webinar |
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You can play back the RDP Internal Audits Webinar that was conducted last month. For continuous improvement in your company’s RDPV process, click on RDP Internal Audits. (On the NACD Web site, under “Responsible Distribution Process,” click on the “RDP Documents & Logos” link. Then go to the “Presentations” section and click on the “RDP Internal Audits” link.) |
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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 Survey Winners Announced! |
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Thanks to all of you who completed the meeting attendee and spouse evaluation surveys by the December 28 deadline. The winner for the attendee survey is Bob Rechtin, North American Sales Pilot Chemical Company. Bob will receive a complimentary golf tournament registration for the 2008 meeting. The winner for the spouse survey is Susan Mulholland, FMC Corporation. Susan will receive a free tour registration to be used during the 2008 meeting. Congratulations, Bob and Susan!
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| Honor An Industry Colleague |
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There is still time to submit nominations for CEF’s Vanguard Award. Each year, the 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 www.chemed.org. The submission deadline is January 15.
Please mark your calendars and join us in Washington, DC on April 7, 2007, for the Vanguard Award Ceremony. The event will kick off NACD’s Washington Fly-In week.
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