NACD News - Table of Contents
Legislative and Regulatory Updates
Responsible Distribution Process
Networking and Education
Chemical Educational Foundation
Last Chance to Sign Up for NACD Washington Fly-In
The NACD Washington Fly-In will take place in just two weeks on April 8-9. This important event 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. Although the deadline to register for the Fly-In was yesterday, March 24, NACD continues to accept registrations. The March 24 hotel reservation deadline has also passed, but the Hotel Palomar - Arlington may still accept reservations at the $249 NACD rate if you call 866/505-1001 and reference the NACD Washington Fly-In. If the hotel cannot accommodate you, please contact Roselle Foley at rfoley@nacd.com or 703/527-6223 for assistance. More participation from NACD members is key to more legislative successes. The Fly-In registration form and program information are posted on NACD’s Web site at /advocacy/washingtonFlyin.aspx. If you have any questions about the Fly-In program, 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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CFATS Updates – Top Screen Letters, New Documents, Propane Clarification, New Name
In a meeting last week with the Department of Homeland Security (DHS), Jennifer Gibson learned that the agency plans to send out letters to those who completed Top Screen Consequence Assessments in mid- to late-April. These letters will inform facilities whether or not they will be regulated under the Chemical Facility Anti-Terrorism Standards (CFATS) at this time, and, if so, whether they are assigned to Risk Tier 1, 2, 3, or 4. Those who are assigned to a tier must complete a Security Vulnerability Assessment (SVA) and a Site Security Plan.
DHS officials also informed NACD that two new documents will soon be posted on the chemical security Web site at http://www.dhs.gov/chemicalsecurity. The first of these will be a revised Chemical-terrorism Vulnerability Information (CVI) guide. The next will be a guidance document on the Risk Based Performance Standards (RBPS) that facilities will be required to address in their site security plans.
On Friday, March 21, DHS published a notice in the Federal Register to clarify how the CFATS Screening Threshold Quantity and counting rule provisions apply to propane. The notice clarifies that the release-flammable mixtures rule outlined in Appendix A does not apply to products containing at least 87.5 percent of the chemical propane in combination with other release-flammable chemicals of interest (COI). On the other hand, DHS states that the release-flammable mixtures rule does apply to products that are a combination of less than 87.5 percent propane and other release-flammable COI. The reason for this is that it is typical for propane to contain at least 87.5 of the chemical propane to be considered propane. For a copy of the notice, go to http://www.gpoaccess.gov/fr/index.html, type “page 15051” into the top box and hit the submit key, or contact Jennifer Gibson.
In other news, to keep everyone challenged on government acronyms, the Chemical Security Compliance Division (CSCD) has changed its name to the Infrastructure Security Compliance Division (ISCD).
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Chemical Security Legislation Introduced
On March 11, House Homeland Security Committee Chairman Bennie Thompson (D-MS) officially introduced H.R. 5577, the Chemical Facility Anti-Terrorism Act, as approved by the committee on March 6. All of the committee Democrats signed on as cosponsors of the bill, but no Republicans did. Although the bill passed the committee by a vote of 15-7 with some Republican support, there were too many concerns about the inherently safer technologies (IST) and some other issues for them to go as far as cosponsoring the legislation. H.R. 5577 has received a sequential referral to the House Energy and Commerce Committee, which has until April 11 to act on it.
It is likely that this committee will take up the bill during the same week as the NACD Washington Fly-In. The Chairman of the Environment and Hazardous Materials Subcommittee of the Energy & Commerce Committee, Albert Wynn (D-MD), has introduced alternative legislation, H.R. 5533, the Chemical Facilities Security Act. Although it includes the problematic provision to allow states and localities to adopt and enforce standards more stringent than the federal program, this bill is much less onerous than H.R. 5577. It is similar to the language included in the fiscal year 2007 Homeland Security Appropriations bill that gave DHS the authority to establish the chemical security regulations. It eliminates the 2009 sunset date of that law and does not include burdensome IST requirements. For copies of these bills, go to http://thomas.loc.gov, type H.R. 5577 or H.R. 5533 into the top box, mark the bill number circle, and hit the search button. To view the committee report for H.R. 5577, which includes all of the committee votes, click on Bill Summary & Status when you reach the opening screen for the bill. Then click on 110-550 towards the top of the next page. You can also contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103 for any of these items.
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NACD Submits Comments on PHMSA Loading-Unloading Notice
On March 14, NACD filed comments on a Pipeline and Hazardous Materials Safety Administration (PHMSA) notice and request for comments on the establishment of recommended practices for loading and unloading operations involving bulk packagings used to transport hazardous materials. PHMSA is pursuing this issue based on a review of incident data, which shows that one-quarter to one-half of all serious hazardous materials incidents over the past decade may be associated with loading and unloading operations involving bulk packagings. In addition, the National Transportation Safety Board and the Chemical Safety and Hazard Investigation Board have suggested safety enhancements in this area.
In the comments, NACD expressed support for performance standards to address loading and unloading operations involving bulk quantities of hazardous materials and recommended that reasonable standards be made part of the Hazardous Materials Regulations (HMR). NACD also recommended that the standards only apply to bulk packagings with a capacity of 3000 liters or greater and that the responsibilities for developing and implementing the procedures be clearly apportioned between facilities and carriers. In addition, the comments asked PHMSA to make sure that the standards would not be prescriptive and duplicative of other existing regulations, but based instead on the level of hazard presented. The final point made in the comments was that under the current HMR, PHMSA and the Department of Transportation (DOT) only have the authority to regulate loading and unloading functions when carrier personnel are present (because of HM-223), so PHMSA would need to reestablish its jurisdiction in this area in order for the standards to be implemented effectively. To view the full comments, go to /advocacy/comments.aspx.
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Senate Consumer Products Safety Bill Includes Phthalates Ban
Earlier this month, the Senate approved an amendment offered by Sen. Diane Feinstein (D-CA) to S. 2663, the Consumer Product Safety Commission Reform Act, to ban certain phthalates from being used in children’s products. S. 2663 would also increase the funding and enforcement powers of the Consumer Product Safety Commission, further limit the amount of lead allowed in toys, require testing on the use of formaldehyde in manufacturing process for clothes and textiles, create a public database for reports of injuries, illnesses, deaths, and other problems, and establish whistleblower protections for employees of manufacturers who report problems. The House of Representatives passed a different version of the legislation, H.R. 4040, in December that does not include the phthalate ban, public database, or whistleblower protection provisions. For a copy of S. 2663, go to http://thomas.loc.gov, type S. 2663 into the top box, mark the bill number circle, and hit the search button.
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New Chemical Safety Board Chairman Confirmed
On March 13, the Senate confirmed the nomination of John S. Bresland for a five-year term as U.S. Chemical Safety and Hazard Investigation Board (CSB) Chairman. Bresland served as a member of the CSB from August 2002 until August 2007. In July 2007, the President nominated him to replace Carolyn Merritt, whose term as Chairman expired last summer. Prior to serving on the CSB, Bresland was President of Environmental and Safety Risk Assessment LLC, a chemical process safety consulting company in New Jersey. Prior to that, Bresland spent 34 years working in positions of increasing responsibility at Honeywell.
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Process Safety Management Webinar Offered to NACD Members at Discount Rate
On Tuesday, April 22, from 1:30 – 3:00 p.m. Eastern time, the National Society of Professional Engineers will host a Webinar entitled, “Process Safety Management – A Process Engineer’s Role on How to Avoid Catastrophe.” The presenters will be Pete Stickles and Judy Perry of ioMosaic. You may recall that Ms. Perry was a presenter for the December 17 NACD co-hosted CFATS Webinar. Because of NACD’s relationship with ioMosaic, NACD members are eligible for a discount rate for the April 22 Webinar. The session will provide a brief overview of OSHA's Process Safety Management (PSM) Standard and compare PSM to EPA’s Risk Management Plan and DHS’s CFATS. The presentation will give an overview of what type of, and how technical process safety information should be generated to ensure process limits are well understood, including relief system design. An overview of mechanical integrity and a process engineer’s role in ensuring mechanical integrity will be provided. Process Hazard Analysis methodologies will be introduced and the importance of recognized and generally accepted good engineering practices will be discussed. The cost of the Webinar for NACD members is $119 (discounted from $149). For more information, visit http://www.nspe.org/Education/WebSeminars/index.html. To receive the member discount, note “ioMosaic Client” somewhere on the page. If you have any questions or need more information, contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.
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Meet Your Verifier at the RDP Code Coordinator Workshop!
NACD’s verifying companies will be at the RDP Code Coordinator Orientation and Workshop in Chicago, IL on May 5-6, 2008. This is an indispensible way to get all of your questions answered! Register online for both the workshop and hotel at /dist_process/workshops.aspx. Space is limited and the workshop is expected to sell out!
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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.
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It's Not Too Late to Register for the Western Region Meeting
Aloha! Western Region Meeting - April 23-26, 2008
Register today! Everyone is welcome to attend!
April 23-26, 2008
Mauna Lani Bay Hotel & Resort, Big Island of Hawaii
Airport: Kona (KOA)
Toll-free Reservation: 800/367-2323
Ask for the NACD Group Rate: $240 for Ocean View
http://www.maunalani.com/index.htm
Hotel Registration Deadline was Friday, March 7, 2008
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Celebrate Father's Day at Amelia Island Plantation - June 15-17, 2008
Southern Region Meeting – Save the Date! Everyone is welcome to attend!
June 15-17, 2008
Amelia Island Plantation
6800 First Coast Highway
Amelia Island, FL 32034
Tel: 904/261-6161
Fax: 904/277-5945
Reservations: 888/261-6165
Reference Code: 8B48ZF
NACD Group Room Rate: $189/night
Hotel Reservation Deadline: May 6, 2008
Please note that Group Room Rates are available 3 days prior and 3 days after the meeting, depending on availability. Visit: www.aipfl.com for hotel information.
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Central Region Meeting – Save the Date!
Everyone is welcome to attend!
June 24-25, 2008!
The Grand Hotel Minneapolis
615 Second Avenue South
Minneapolis, MN 55402
Tel: 612/288-8888
Reservations: 866/TheGrand (843-47263) or 612/288-8888
Reference Code: NACD Group
NACD Group Room Rate: $229/night
Hotel Reservation Deadline: May 28, 2008
Please note that Group Room Rates are available 3 days prior and 3 days after the meeting, depending on availability.
Hotel Web site: http://www.preferredhotels.com/values/hotel_descr.asp?id=49116&travelAgentId=09546386&src=tig2_googlemaps_MSPMG
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Exhibit at OPSEM!
Mark Your Calendars for OPSEM2008, September 10-12, 2008, at the Caribe Royale Hotel, Orlando, FL.
EXhibitors -- Early Bird Rates for a 10x10 booth are available at $1,095. Please take this opportunity to register by April 14. The rates will go up after this date. For details, contact Roselle Foley at 703/527-6223 or by e-mail at rfoley@nacd.com.
Go to www.nacd.com/events/opsem for more details on the program schedule and review the benefits of exhibiting. An Exhibitor/Sponsor Prospectus is available for download.
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You Are the Difference!
Save the Date! Annual Meeting - December 1-5, 2008, Westin Kierland Resort & Spa
Contact Roselle Foley for your Vendor Expo booth reservation, and sponsorship and advertising opportunities! You may e-mail her at rfoley@nacd.com or call 703/527-6223 x 112.
Please note that we have incorporated free time on Wednesday, December 3 from 2:45 p.m. - 6:00 p.m. for distributors and suppliers to hold private meetings. Please be sure to get prior approval from NACD for any meeting room reservations for your private meetings. You will receive a form to fill out plus guidelines on when to schedule your meetings so as not to conflict with any official NACD meeting events.
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Vanguard Award - Final Reminder
There are a limited number of seats still available for CEF ‘s Vanguard Award Ceremony. The event, to be held on April 7 at the Hotel Palomar in Arlington, VA, will honor Patrick J. Marantette, President of E.T. Horn Company, located in La Mirada, CA. Marantette is being awarded for his outstanding commitment to chemistry and chemical education.
The event will begin with a 6:00 p.m. reception followed by dinner and the award presentation. The event kicks off NACD's Washington Fly-In week and attendees will include members from the chemical distribution and supplier communities. In addition to the event recognizing a valued member of the industry, it also provides an excellent opportunity to network with your industry colleagues.
To reserve your seat, please fill out the registration form found on the CEF Web site at http://www.chemed.org/Downloads/Vanguard/VanguardRegForm08.pdf or contact Cori Bradley at cbradley@chemed.org or 703/527-6223 x 116.
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Celebrate Earth Day With CEF
Earth Day is celebrated every April 22 and is the largest environmental event worldwide. Let CEF help you get involved in Earth Day activities in your community. Distribute CEF’s Earth Day Bulletin to employees, customers, and community members; distribute CEF’s You Be The Chemist Activity Guides to schools and organizations in your community; or volunteer to conduct one of our recycling experiments with a local classroom. There are many other ways to get involved – plant trees or shrubs; organize a community-wide hazardous waste collection; collect donations to give to the environmental protection organization of your choice; or create a community garden. For CEF materials or for more ideas on Earth Day activities for your community, please contact CEF at 703/527-6223 or at comments@chemed.org.
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