| House Subcommittee Approves New Chemical Security Legislation |
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On January 23, the day after the deadline for facilities to submit Top Screen consequence assessments to the Department of Homeland Security (DHS) under the Chemical Facility Anti-Terrorism Standards (CFATS), the House Subcommittee on Transportation Security and Infrastructure Protection, chaired by Representative Sheila Jackson Lee (D-TX), approved legislation to amend and make permanent the chemical security regulations. The bill, the Chemical Facility Anti-Terrorism Act of 2008, does not yet have a number because it has not been officially introduced.
The legislation makes several changes to the current law and regulations that would be problematic for industry. It requires facilities to consider the use of inherently safer technologies (ISTs) and gives DHS the authority to mandate high-risk facilities to use IST, requires worker involvement in the development of security vulnerability assessments and site security plans, requires DHS to rewrite information protection regulations, and gives states and localities the authority to adopt more stringent requirements unless they are in actual conflict with the federal law. The no-preemption language has already been enacted as part of the FY08 Omnibus Appropriations bill. The committee’s intention is to have the legislation enacted as soon as possible so that new regulations can be finalized and in place by the time the current law expires in October 2009. If you would like to view the subcommittee proceedings on-line, or for a copy of the bill or section-by-section description, go to http://hsc.house.gov/hearings/index.asp?ID=110. NACD is opposing some of these problematic provisions to members of the House Homeland Security Committee prior to full committee consideration of the bill in the coming weeks. If you have any questions about the chemical security legislation, 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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| PHMSA Issues Final Rule Amending and Clarifying Parts of HMR |
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On Monday, January 28, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule in the Federal Register that amends the Hazardous Materials Regulations (HMR) to update, clarify, or provide relief from certain classification, packaging, and labeling requirements. The rule adds a new entry to the Hazardous Materials Table (HMT) for ethanol and gasoline blends; updates provisions incorporating The Chlorine Institute and Compressed Gas Association consensus standards; adds a definition for “household wastes;” revises the HMT to harmonize certain entries with international standards by removing, adding, and revising certain proper shipping names; revises certain hazard communication provisions to address shipping paper requirements for marine pollutants, marking requirements for limited quantities of certain materials, proper shipping name markings on packages, and labeling of intermediate bulk containers; clarifies that a shipper must use a carrier with a Federal Motor Carrier Safety Administration safety permit to transport certain hazardous materials; and clarifies segregation requirements for hazardous materials transported by motor carrier. For a copy of the final rule, go to http://www.gpoaccess.gov/fr/index.html, type “page 4699” into the top box,and hit the submit key, or contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103. The effective date of the final rule is October 1, 2008, but voluntary compliance is authorized immediately. |
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| House Committee Chairman Asks OSHA to Revise PSM Standard |
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Earlier this month, House Education and Labor Committee Chairman George Miller (D-CA) and Workforce Protections Subcommittee Chair Lynn Woolsey (D-CA) sent a letter to Occupational Safety and Health Administration (OSHA) Administrator Edwin Foulke asking the agency to revise the Process Safety Management (PSM) standard to improve the control of reactive hazards. The letter references the December 19, 2007, explosion at T2 laboratories in Jacksonville, FL, and a Chemical Safety Board (CSB) statement that the explosion was the result of an out-of-control chemical reaction. The letter also states that in 2002, the CSB concluded that reactive incidents are a “significant chemical safety problem” and that OSHA’s PSM standard has “significant gaps in coverage of reactive hazards because it is based on a limited list of individual chemicals with inherently reactive properties.” The CSB at that time recommended that OSHA amend the PSM standard to more comprehensively address reactive hazards. If you would like to see a copy of this letter, go to the House Education and Labor Committee Web site at http://edlabor.house.gov. |
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| OSHA Publishes Handbook for Employers and Security Personnel |
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OSHA has published a new handbook, “Preparing and Protecting Security Personnel in Emergencies” to provide guidance for employers and security personnel who may respond to incidents involving the release of hazardous materials. The document addresses the role that facility security personnel may play in responding to an emergency and covers topics such as what type of personal protective equipment would be needed. For a copy of the handbook, go to http://www.osha.gov/Publications/3335-security-personnel.pdf. |
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| America Needs Business Numbers |
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In December 2007, the U.S. Census Bureau mailed Economic Census forms to more than four million businesses – to all large- and medium-size businesses and many small businesses. If you received a form, the law (Title 13, U.S. Code) requires that you complete and return it. The due date is February 12. Economic indicators we use all the time – like Gross Domestic Product, monthly retail sales, and the producer price index – all depend on the Economic Census for continued accuracy. The data are also used by businesses large and small, and by this Association. Ben Bernanke says this census is "indispensable to understanding America's economy." If you need more information or help completing the form, see the Census Bureau's business help site at www.census.gov/econhelp or call 1-800/233-6136. |
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| DHS Publishes Correction to January 2 NPRM on Importer Security Requirements |
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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. On January 8, CBP published a correction notice to the January 2 notice to correct two errors in the “Addresses” section regarding the docket number and the name of the CBP office. To view the correction notice, go to http://www.gpoaccess.gov/fr/index.html, type “page 1299” into the top box and hit the submit key. For a copy of the original notice, go to http://www.gpoaccess.gov/fr/index.html, type “page 90” into the top box, and hit the submit key. Comments are due on the original notice on March 3, 2008. |
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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. This year’s Fly-In coincides with the National Cherry Blossom Festival, and rooms will sell out quickly, so make your hotel reservations today 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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| New California Green Chemistry Report Makes Questionable Assertions |
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On January 17, the University of California released a new report entitled, “Green Chemistry: Cornerstone to a Sustainable California.” This report, commissioned by the California Environmental Protection Agency, claims that current laws regulating the production and use of chemicals fail to protect public health and the environment. The report makes several questionable assertions, including that more than 4400 workers died and another 200,000 workers were diagnosed with deadly diseases in 2004 because of chemical exposures in the workplace. The report recommends new policies for California that would require chemical producers and distributors and product manufacturers to report hazard and tracking data, establish a panel to define and maintain updated hazard traits, establish and improve toxicity testing methods, address known hazards, develop lists of substances categorized by their hazards, and identify safer alternatives. The full report is posted on the Web site of the Chemical Industry Council of California at http://www.cicc.org, or you can contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103 for a copy. |
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| New Chemicals Regulation Network to Focus on REACH |
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Last week, the American National Standards Institute/National Association of Manufacturers’ Network on Chemical Regulation met to discuss REACH and to begin developing additional REACH guidance documents to help U.S. companies better understand their obligations under the new regulatory regime. The Network was formed to disseminate information about REACH, identify issues of concern, share best practices, explore training needs, and leverage resources in areas pertaining to chemical-related regulations. The Network seeks to facilitate cooperation and collaboration across industries, identify existing and needed standards and compliance programs, work together to inject scientific research into policy debates, and encourage a “risk based” approach rather than a “list based” approach to chemical references in regulation. For more information on this effort, go to http://www.ansi.org/standards_activities/standards_boards_panels/chemical_regulation.aspx?menuid=3#document. A link to the site is also posted on the REACH resources page of the NACD Web site at /advocacy/resources.aspx. |
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| New RDP Webinar Just Announced! |
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If your organization uses or is considering using public warehouses, make plans to attend this free RDP Webinar. A question and answer session conducted by one of NACD’s verifiers will follow the presentation.
Title: RDP and Public Warehouses
Date: Monday, February 4, 2008
Time: 10:30 a.m. - 11:30 a.m. EST
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| RDP Code Coordinator Workshop |
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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 e-mailing RDP Director Mike Lang, today at mlang@nacd.com. |
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| 2007 Membership & Performance Data Report |
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Be on the lookout soon for the 2007 Membership & Performance Data Report email request. The data that will be collected for the 2007 report will be the same as 2006.
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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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| 2008 Membership Directory Ad Space - Deadline February 8 |
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Advertising in NACD's Membership Directory is the most direct, cost-effective way to remind America’s chemical distributors of your company and your capabilities all year long. Go to /resources/member_directory.aspx for details. |
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| NEW Volunteer Opportunity! NACD Affiliate Advisory Panel |
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An exciting new opportunity is now available to Chemical Handler and Non-Chemical Handler Affiliates. NACD recently created an Affiliate Advisory Panel (AAP) as a subcommittee of the Membership Advancement and Retention Committee.
The AAP’s mission is to provide a forum for Non-Chemical Handler and Chemical Handler Affiliates to enhance and develop mutually beneficial programs and relationships with NACD and its members. The proposed goals of this panel are to determine the Affiliate benefits, programs, and services; define Affiliate prospects and develop a recruitment strategy; enhance the quality and attendance at NACD conferences and exhibits; and provide education and training resources to NACD members.
All interested volunteers are asked to inquire with Kristi Van Buren by February 1, at kvanburen@nacd.com. |
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| Interested in Maximizing Your Exposure? Sponsor with NACD |
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Advertising and sponsorship opportunities are available for NACD's two annual conferences - the Annual Meeting and the Operations Seminar & Tradeshow; NACD Regional Meetings; and, the RDP Workshops. Please contact Roselle Foley rfoley@nacd.com with your interest. |
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| Western Region Meeting Registration - March 7 Deadline |
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Plan today with hotel and airline reservations. Meeting registration and a preliminary program agenda is available at /about/regions/western/western_regional_meetings.aspx. |
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ZAP THE GAP! How to Solve the Multi-Generational Puzzle
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Wednesday, March 12, 2008 - 1:00 p.m. - 2:30 p.m. EST
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, /events/development/.
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| The Four Pillars of the Sales Profession Seminar |
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March 18-20, 2008
Just like professional athletes, Sales Professionals require ongoing practice and training in order to succeed. Sales managers who understand this critical concept believe in providing their salespeople with opportunities to acquire new skills, increase productivity, and reach their goals.
Sales Professionals will learn how to document their organization’s value-added services and sell them to their customers. With the help of the logical and systematic “SELL Process,” attendees will work on a target account of their choice to gain practical, hands-on tools for better face-to-face selling.
What you will learn:
- Relationship building
- Pre-call tactical planning
- Presentation skills
- Active listening
- Overcoming price sensitivity
For more information and to register, go to /events/development/.
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| Call for Papers - NACD Members and Affiliates |
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As a member or Affiliate of NACD, your company has expertise and knowledge on many current trends and issues in the chemical distribution industry. Think about a speaker and/or topic your company can provide for purposes of educating NACD members. Ideas will be considered for the NACD Annual Meeting, OPSEM, Regional meetings, the Washington Fly-In, and stand-alone educational sessions. Topics will also be considered for articles in the Chemical Distributor magazine.
The selection of speakers and topics is already underway, so please send all submissions as soon as possible to shatzigeorgiou@nacd.com. Submissions should be for educational and informative purposes only. NACD will review all proposals and consider appropriate and applicable submissions based on the needs of our various meetings and publications. NACD cannot guarantee that ideas or submissions will be selected.
For more information and to download a submission form, please visit /events/development/.
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| Vanguard Award: Still a Few Days Left to Nominate 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. CEF encourages NACD members and Affiliates to nominate industry peers who are making a difference! For more information or to download the submission form, please visit the CEF Web site at http://www.chemed.org/Vanguard_Award.htm. The 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.
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| Old You Be The Chemist Kit Distribution |
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With the release of the new You Be The Chemist (YBTC) Activity Guides, CEF would like to distribute the remainder of the old YBTC kits to underprivileged schools around the country. CEF has begun this process by distributing kits to the Washington, DC, Baton Rouge, LA, and Philadelphia, PA, school systems. If your company is interested in distributing old YBTC kits to underprivileged schools in your area, please contact the CEF staff at 703/527-6223.
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Who Is NACD?
