NACD News - Table of Contents
Legislative and Regulatory Updates Responsible Distribution Process Networking and Education Chemical Educational Foundation
Senate Committee Chair Praises REACH Regulation On April 29, the U.S. Senate Environment & Public Works (EPW) Committee held a hearing entitled, “Oversight on EPA Toxic Chemical Policies.” In her opening statement, Committee Chair Barbara Boxer (D-CA) said, “A close look at the EPA’s toxic chemical policies makes clear that improvement is necessary if we are to ensure that dangerous chemicals are properly regulated. The Toxic Substances Control Act, or 'TSCA,' was adopted in 1976 and was supposed to help assure that toxic chemicals would be restricted or banned if they were hazardous. But in essence, TSCA puts the burden on the government to prove a toxic chemical is a risk. That is unlike the European program, called REACH. REACH puts the burden on the chemical industry -- where it should be -- to show that their chemicals are safe.”
Government witnesses at the hearing included EPA Assistant Administrator for Pesticides, Prevention, and Toxic Substances James Gulliford, who discussed the agency’s new Chemicals Assessment and Management Program (ChAMP) and Government Accountability Office Director of Natural Resources & Environment John Stephenson, who outlined problems with the EPA’s Integrated Risk Information System (IRIS), which he stated has a backlog of 70 chemical assessments. Others testifying included several health and environmental witnesses and one chemical industry witness. The tone of the hearing certainly indicated that the EPW Committee will continue to closely examine U.S. chemical policies and will likely pursue major changes to the current TSCA program to make it more like REACH and place more of a burden on the industry. If you would like to have an idea of where U.S. chemical policy regulation may be heading in the near future, you are encouraged to watch the webcast of the hearing by going to http://epw.senate.gov, clicking on “hearings” and choosing the April 29 hearing. There you can also access opening statements and the written testimony of the witnesses. Back to Top Register Today for the Chemical Security Summit – July 21-23 Registration is open for the 2008 Chemical Sector Security Summit, which will take place on July 21-23 at the Bethesda North Marriott Hotel and Conference Center, just outside of Washington, DC. If you would like to attend, please register right away by filling out the registration form and e-mailing it to chemicalsummitreg@dhs.gov. Last year’s Summit sold out quickly and many were left on the waiting list. Highlights of the Summit will include the next stages of Chemical Facility Anti-Terrorism Standards (CFATS) implementation, including discussions on how to meet the rule’s risk-based performance standards (RBPS), and the opportunity to interact with key officials from the Department of Homeland Security. There is no registration fee for this event. Click here for the Summit agenda. To reserve your room at the group rate of $169 per night, call the Bethesda North Marriott Hotel at either 800/228-9290 or 301/822-9200, and mention the “Chemical Sector Security Summit.” For more information and updates, visit www.dhs.gov/chemicalsecuritysummit. Back to Top EPA Moving Forward with ChAMP On April 17, NACD Vice President of Government Affairs Jennifer Gibson participated in a meeting with EPA Assistant Administrator for Pesticides, Prevention, and Toxic Substances James Gulliford, Director of the Office of Pollution, Prevention, and Toxics Charlie Auer, and several other EPA and chemical industry representatives to discuss the agency’s Chemical Assessment and Management Program (ChAMP). Under this initiative, by the end of 2012, the EPA will access over 6,750 existing chemicals produced or imported above 25,000 lbs/yr in the U.S. This will include both high production volume (HPV) (1 million lbs/yr) and moderate production volume (MPV) (between 25,000 and 1 million lbs/yr) chemicals. EPA will also assess and prioritize HPV chemicals based on hazard and exposure information, evaluate risks, and identify and initiate needed action. EPA is also considering resetting the TSCA Inventory as part of the program. You can find a full description and more details on this initiative on the EPA Web site at www.epa.gov/CHAMP. For a copy of the EPA’s April 17 presentation to the industry trade associations, go to www.nacd.com/advocacy/resources.aspx. Back to Top House Committee Approves Rail Competition Bill Last Wednesday, the House Judiciary Committee approved by voice vote H.R. 1650, the Railroad Antitrust Enforcement Act, sponsored by Representative Tammy Baldwin (D-WI). This legislation would bring railroad mergers and acquisitions under the purview of the Clayton Act, which would allow the federal government, state attorneys general, and private parties to file suit to enjoin anti-competitive mergers and acquisitions. It would also restore the review of these mergers to the Justice Department and the Federal Trade Commission (FTC). It would also eliminate the exemption that prevents FTC's scrutiny of railroad common carriers and the antitrust exemption for railroad collective ratemaking. It would allow state attorneys general and other private parties to sue railroads for treble damages and injunctive relief for violations of the antitrust laws, including collusion that leads to excessive and unreasonable rates.
NACD supports H.R. 1650, and 2008 Fly-In participants who are concerned about rail service lobbied in favor of the bill in Washington last month. The bill would provide much-needed recourse to freight rail customers who have been subject to increasingly high prices and poor service because of the railroads’ monopoly in so many service areas. Removing the railroads’ antitrust exemption would lead to more competitive pricing and reliable service. The Senate Judiciary Committee approved companion legislation, S. 772, in December. You can find NACD’s position paper on this legislation at www.nacd.com/advocacy/positionPapers.aspx. Back to Top DOT to Hold Series of Public Meetings on Rail Tank Car Standards Proposal Later this month, the Pipeline and Hazardous Materials Safety Administration (PHMSA) will hold a series of public meetings on the April 1 notice of proposed rulemaking (NPRM) to increase the safety standards for rail tank cars that carry poison inhalation hazards (PIH). The meetings will take place on May 14, 15, 28, and 29. The April 1 NPRM proposes enhanced tank car performance standards that will increase the amount of energy a tank car must absorb during a crash before a catastrophic failure occurs by an average of 500 percent. This is to be accomplished through enhanced head and shell puncture-resistance systems. The proposal also establishes maximum speeds for PIH tank cars of 50 mph in normal conditions and 30 mph for those operating in non-signaled or “dark” territory. In addition, the proposal phases tank cars manufactured before 1989 out of PIH service within five years and replaces the entire fleet of tank cars used to transport PIH materials within eight years from the final rule’s effective date.
The May 14 and 15 meeting will focus on the transportation of chlorine and anhydrous ammonia. The May 28 and 29 meetings will cover other PIH materials, railroad specific issues, and general comments. All meetings will begin at 9:00 a.m. and will be held at the Washington Plaza Hotel. NACD will submit comments on the NPRM by the May 29 comment deadline. For a copy of the April 1 proposal, go to www.gpoaccess.gov/fr/index.html, type “page 17818” into the top box, and hit the submit key. For a copy of the meetings notice, go to the same Web site and type “page 20006” into the box, or contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103 for either notice. Back to Top 2007 TRI Data Due to EPA by July 1, 2008 The deadline for companies to submit Toxics Release Inventory (TRI) data to the EPA is less than two months away on July 1, 2008. The EPA has announced that for the first time since the inception of the TRI program, all facilities that are required to submit TRI data will be able to do so over the Internet, using the EPA’s TRI-ME software. Companies will no longer have to mail reports on compact disks or paper to the EPA. In addition, the Internet system has quality checks built into the software to improve data quality. Facilities will be able to send information directly to EPA through the Central Data Exchange. The TRI-ME software was launched for 2001 TRI reports, and moved exclusively to compact discs for 2005 reports. For 2006 reports, in addition to the compact disc, an on-line version was also offered, but only in states participating in the TRI State Data Exchange. For more information, visit www.epa.gov/tri/report/software/index.htm#usetrime. Back to Top Senate Committee Leaders Scrutinize OSHA Last month, Senators Patty Murray (D-WA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Subcommittee on Employment and Workplace Safety, and Edward Kennedy (D-MA), Chairman of the full HELP Committee, asked the Government Accountability Office (GAO) to investigate whether the Occupational Safety and Health Administration (OSHA) is working to make sure that employers accurately report workplace injuries and illnesses. In the letter to the GAO, the Senators state, “Because OSHA uses the information on injuries and illnesses to target employer worksites with high injury and illness rates for inspection, there is a clear incentive for employers to underreport such injuries and illnesses.” In related news, last week, the HELP Committee held a hearing on workplace fatalities, and the committee majority released a report entitled, “Discounting Death: OSHA’s Failure to Punish Safety Violations That Kill Workers.” More information, including a webcast of last week’s hearing is available at http://help.senate.gov. Back to Top House Passes Legislation to Force OSHA Combustible Dust Rule Last week, the House of Representatives passed H.R. 5522, the Combustible Dust Explosion and Fire Prevention Act, sponsored by Representatives George Miller (D-CA) and John Barrow (D-GA), by a vote of 247-165. The bill would require OSHA to issue an interim rule within 90 days to regulate combustible dusts in industrial facilities that can build up to hazardous levels and explode as happened at the Imperial Sugar refinery in Port Wentworth, GA, in February. In that explosion, 13 workers were killed, and more than 30 were injured. In 2006, the U.S. Chemical Safety and Hazard Investigation Board urged OSHA to promulgate rules to address combustible dust hazards. The President has threatened to veto the bill because of short implementation times and a “one-size-fits-all” approach. For more information on this issue, visit http://edlabor.house.gov/micro/workersafety_dust.shtml. Back to Top Senators Introduce Bill to Ban Bisphenol A in Children’s Products On April 29, Senator Charles Schumer (D-NY) and five other Senators, including presidential candidate Hillary Clinton (D-NY), introduced S. 2928 to ban bisphenol A in all products made for infants and children up to the age of seven. The bill would also require the Centers for Disease Control and Prevention to study the risks that the substance could pose to the health of both children and adults. The bill’s introduction follows the release of a draft report earlier in April by the National Toxicology Program (NTP) that expressed “some concern” about bisphenol A’s effects on neural and behavioral health in fetuses, infants, and children at current human exposures, and a decision by the Canadian government to ban the use of the chemical in polycarbonate baby bottles. Back to Top Chemical Safety Board Calls for New Fire Protection Standards Last month, the CSB issued a final report on the October 2006 EQ Hazardous Waste Fire and Community Evacuation in Apex, North Carolina. In the report, the agency calls for a new national fire code for hazardous waste facilities and for improving the information provided to community emergency planners about the chemicals those facilities store and handle. For a copy of the report as well as a 16 minute safety video on the incident, go to www.csb.gov. Back to Top Overdue: 8 Membership & Performance Data Questionnaires Eight member companies have still not completed the 2007 Membership & Performance Data Questionnaire, which was due in March. Please note that NACD membership voted in 2006 to make annual completion and submission of the questionnaire mandatory for Regular members. To submit your completed questionnaire, please e-mail Mike Lang, RDP Director, at mlang@nacd.com.
Back to Top OPSEM2008 On-line Registration is OPEN! On-line registration is now available for OPSEM2008 at http://www.nacd.com/events/opsem/. If you prefer, you can also download the registration form from the Web site at http://www.nacd.com/events/opsem/registration.aspx. Don't forget to book your rooms early.
Back to Top Southern Region Meeting -- Time is Running Out…Register and Reserve Your Room Today! The Southern Region has a great meeting planned for June 15-17, You are invited and encouraged to go to www.nacd.com/about/regions/southeast/se_regional_meetings.aspx today to register on-line. For room reservations, contact the Amelia Island Plantation Resort at 888/261-6165. Identify yourself as being part of the NACD group (Group # 8B48ZF) in order to take advantage of the special room rates. Deadline for hotel reservations is May 13.
The group room rates are available 3 days prior and 3 days before after the meeting, depending on availability.
The Southern Region Officers hope you can clear your schedule and join them for a jam-packed three days where you will be educated, entertained, and inspired. In line with the meeting theme—You Are in the Spotlight—several sessions focus on different aspects of emergency response issues – lessons learned from CSB investigations, railroad incidents, a helpful check list, and dealing with the media. See you on Amelia Island!
Back to Top Central Region Meeting--June 24-25, 2008 – Plan Ahead and Register Today! The Central Region also has a great meeting planned in Minneapolis on June 24-25. Visit http://www.nacd.com/about/regions/central/central_regional_meetings.aspx to register on-line. Make your room reservations by contacting the The Grand Hotel in Minneapolis, MN, at 866/843-4726 (866/The Grand). Identify yourself as being part of the NACD group in order to take advantage of the special room rates. Deadline for hotel reservations is May 28.
Educational sessions highlight succession planning and effective inventory management.
Back to Top Professional Development / Training Opportunities NACD partners with other associations and organizations to provide professional development /training workshops, Webinars, and on-line courses including:
How to Find and Keep the Right Employees...Without Stealing from the Competition
Webinar presented by Dr. Kathryne A. Newton
May 21, 2008, 1:00 -2:30 p.m. EDT
- A practical examination of practices that may be working against your organization rather than for it, offering the tools needed to hire and develop a highly motivated staff positioned for success.
The Young Distribution Professionals Conference (YDP)
August 3-6, 2008, Itasca, Illinois
- Designed for career-oriented professionals with less than 10 years of experience who want to grow and expand their distribution career skills.
NACD offers special reduced prices on courses in environmental, health, safety, and security training that can help your company stay in compliance with RDP regulations.
Visit http://www.nacd.com/events/development/ for full details.
Back to Top Join CEF for a Celebration of Chemistry CEF invites you to attend the National You Be The Chemist (YBTC) Challenge at the Chemical Heritage Foundation in Philadelphia, PA, on June 13. The YBTC Challenge is a fun, educational, and exciting question and answer event that uses the drama of competition to engage students in learning important chemistry concepts, discoveries, and safety procedures.
Winners from State and Local Challenges in Connecticut, Illinois, Kentucky, Louisiana, Michigan, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, and Washington, DC, will come together to compete for the honor of being declared National YBTC Challenge winner.
Join the CEF staff, families of participants, sponsors, and fellow industry members to experience the excitement of the Challenge. The competition will begin promptly at 9 a.m. The official hotel for the 2008 National YBTC Challenge is the Sheraton Society Hill Hotel. For reservations, call 215/238-6000 and ask for the CEF “Challenge” room rate of $169. Hotel reservations must be made by May 8, 2008. Also, please RSVP with CEF’s Corianne Bradley at cbradley@chemed.org or at 703/527-6223.
Back to Top Thank You! CEF thanks all of the chemical companies and organizations that sponsored 2007-2008 Local Level You Be The Chemist Challenges.
Air Products & Chemicals, Inc.
Akzo Nobel Surface Chemistry, LLC
Arch Chemicals, Inc.
Aux Sable Liquids
BASF Corporation
Buzzi Unicem USA
Brenntag Southwest , Inc.
Brenntag North America, Inc.
Carus Corporation
The Chemical Industry Council of Illinois
The Dow Chemical Company
Expo Chemical Co, Inc.
ExxonMobil
Flint Hills Resources, L.P.
Gordon A. Cain Center for Scientific, Technological, Engineering, and Mathematical Literacy
Halliburton Energy Services
Howard Washington College
Illinois Business Roundtable
LaSalle Bank
Lyondell Chemical Company
National Association of Chemical Distributors
PQ Corporation
PVS Chemicals, Inc.
PVS-Nolwood Chemicals, Inc.
Stepan Company
UOP, LLC
Young Chemical Company
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