NACD News - Table of Contents
Legislative and Regulatory Updates Responsible Distribution Process Networking and Education Chemical Educational Foundation
NACD Holds Successful Washington Fly-In A successful NACD Washington Fly-In took place on April 8-9. During this event, 49 NACD member company participants held 151 meetings with Senators, Representatives, and congressional staff members representing 30 states. In the meetings, NACD members urged Congress to allow the new Chemical Facility Anti-Terrorism Standards (CFATS) to be fully implemented and tested before enacting new chemical security legislation, to refrain from enacting hazardous materials transportation security legislation that would be duplicative of current requirements or impose mandatory re-routing of certain HazMat shipments, to enact legislation to increase competition in the rail industry, and to enact legislation to make the research and development tax credit permanent. Other highlights of the Fly-In included a presentation on chemical and transportation security initiatives by Rep. Sheila Jackson Lee (D-TX/18th), Chair of the House Transportation Security and Infrastructure Protection Subcommittee, a presentation on the upcoming elections and the outlook for business issues by National Association of Wholesaler-Distributors Sr. V.P. - Government Relations Jade West, and a meeting with the new Chemical Safety Board Chairman John Bresland. Thanks to everyone who made the trip to Washington to participate. Thanks, also, to those of you who could not be in Washington, but sent letters to your Senators and Representatives to help NACD make a bigger impact on Capitol Hill that week. Please mark your calendars for next year’s Washington Fly-In, which will take place on April 28-29, 2009. Back to Top Chemical Security Summit Registration to Open This Week The 2008 Chemical Sector Security Summit will take place on July 21-23 at the Bethesda North Marriott Hotel and Conference Center, just outside of Washington, DC. Registration for this event will be available to NACD members later this week. Please watch your e-mail box for a notice that registration is open from NACD Vice President of Government Affairs Jennifer Gibson within the next day or two. It is important to register immediately for this event because after a limited time, it will be open to the general public. 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. For more information and updates, visit www.dhs.gov/chemicalsecuritysummit. Back to Top NACD Submits Testimony to Surface Transportation Board on Common Carrier Obligation Last week, NACD submitted written testimony with the Surface Transportation Board in advance of a public hearing on the railroads’ common carrier obligation to be held this Thursday and Friday. NACD Vice President of Government Affairs Jennifer Gibson wrote in the testimony, “NACD strongly urges the federal government to maintain the common carrier obligation of the railroads. Chemical distributors and manufacturers depend on rail service to send and receive shipments of certain hazardous materials as safely as possible. On a large scale, the well-being of the United States economy and the health of its citizens depend on rail transportation of toxic inhalation hazards (TIH). For example, not only is chlorine essential to treat water for safe drinking, it is also a basic material needed to produce thousands of products people need ranging from pharmaceuticals to computer chips to everyday household items.”
The testimony also outlined problems that would occur if the railroads were relieved of the common carrier obligation and transportation of TIH materials were shifted to truck, including extensive delays because of worsening highway congestion, increased opportunity for loading and unloading incidents, and increased prices for products up and down the supply chain to the consumer level because of high fuel costs. The testimony made an additional point that because the railroads enjoy monopolies in so many service areas, the common carrier obligation is the only recourse that shippers have to ensure that they are able to receive rail service in order to efficiently transport their products. To view the full testimony, go to www.nacd.com/advocacy/comments.aspx.
Back to Top DOT Publishes Interim Final Rule on the Security of HazMat Transportation by Rail On April 16, the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the Department of Transportation (DOT) published an interim final rule, Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments, in the Federal Register. The rule is based on comments received on the December 21, 2006, proposed rule addressing this issue as well as requirements established by the Implementing Recommendations of the 9/11 Commission Act, which was signed into law in August 2007.
The rule requires rail carriers transporting certain explosives, poison inhalation hazards (PIH), and radioactive materials to compile information and data on the commodities transported, including the routes over which these materials are transported, use this data to analyze the safety and security risks for each route used, consider practicable alternative routes, and select the safest and most secure practicable route for the specified hazardous materials. The rule also requires carriers to specifically address in their security plans risks associated with shipments delayed in transit or temporarily stored in transit, to notify consignees of any significant unplanned delays affecting the delivery of the hazardous materials, and to work with shippers and consignees to minimize the time a rail car containing one of the specified hazardous materials is placed on track awaiting pick-up, delivery, or transfer. Rail carriers will also be required to conduct security visual inspections at ground level of rail cars containing hazardous materials to check for signs of tampering or the introduction of an improvised explosive device (IED).
The rule will take effect on June 1, 2008. PHMSA will accept comments until May 16, 2008. Also on April 16, the Federal Railroad Administration (FRA) published a corresponding notice of proposed rulemaking to establish procedures to enable rail carriers to challenge routing decisions. For a copy of the PHMSA rule, go to www.gpoaccess.gov/fr/index.html, type “page 20752” into the top box, and hit the submit button. For a copy of the FRA proposed rule, go to the same Web page, and type “page 20774” into the box. You may also contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103 for copies of the documents or if you have any questions. Back to Top Modified Small Business Health Plan Legislation Introduced in Senate Earlier this month, Senators Richard Durbin (D-IL), Blanche Lincoln (D-AR), Olympia Snowe (R-ME), and Norm Coleman (R-MN) introduced S. 2795, the Small Business Health Operations Program (SHOP). The bill would allow small businesses to band together and spread risk over a large number of participants in order to obtain lower premiums. It would also encourage small businesses to provide their employees with health insurance by giving them a tax credit of up to $1,000 per employee ($2,000 for family coverage) if they pay 60 percent of their employees' health care premiums. It would also provide the self-insured with a $1,800 tax credit ($3,600 for family coverage) to purchase insurance. To address the concerns of state insurance commissioners, the bill allows states to opt-out of the pools and allows the individual commissioners to continue to regulate their state’s health plans. The bill would also make it illegal for insurers to base ratings on health status or claims. For more information, go to http://durbin.senate.gov/issues/health.cfm. Back to Top House Committee Chairmen Launch Investigation on Chemical Industry Influence on Scientific Panels Representatives John Dingell (D-MI), Chairman of the House Energy & Commerce Committee, and Bart Stupak (D-MI), Chairman of the Oversight and Investigations Subcommittee, have launched an investigation on the Environmental Protection Agency’s (EPA) scientific review process and how the agency applies its conflict of interest rules. The focus of the investigation is the removal of the chair of an EPA external peer review panel after complaints from the American Chemistry Council (ACC) that she was not impartial. A letter from Chairmen Dingell and Stupak to EPA Administrator Stephen Johnson also mentions nine additional EPA panels assessing the health effects of chemicals that include individuals who allegedly have financial ties to the chemical industry. Chairmen Dingell and Stupak have requested documents from both EPA and the ACC on this matter. The investigation on the scientific peer review process was prompted by information the Energy & Commerce Committee found as part of another investigation of the chemical bisphenol A. For more information, go to http://energycommerce.house.gov. Back to Top DOT Proposes Reform of CDL Learners Permits On April 9, the Federal Motor Carrier Safety Administration (FMCSA) of DOT published in the Federal Register a notice of proposed rulemaking to revise the commercial driver's license (CDL) knowledge and skills testing standards, and to require new minimum standards for state issuance of commercial learner's permits. FMCSA’s proposals include the following requirements: successful completion of the CDL knowledge test before a learner’s permit may be issued; state use of the American Association of Motor Vehicle Administrator’s Model Test for knowledge and skills; that a CDL applicant obtain and hold a learner’s permit for 30 days before applying for a CDL; background checks and formal training for all driving test examiners; a minimum age of 18 for the issuance of a learner’s permit; and that commercial learner’s permit holders are held to the same disqualification standards as CDL holders. The proposed rules would also limit the initial and renewal periods for both commercial learner’s permits and CDLs, clarify under what circumstances an applicant must surrender a CDL, and require all states to use standardized CDL endorsement and restriction codes. In addition, the proposal would specifically prohibit a motor carrier from using a driver who does not hold a commercial learner’s permit or CDL. Finally, the notice proposes new standards for document security and recordkeeping and requires states to verify the applicants’ Social Security Numbers with the Social Security Administration. Comments on the proposal are due to the FMCSA by June 9. For a copy of the proposal, go to www.gpoaccess.gov/fr/index.html, type “page 19282” into the top box, and hit the submit button, or contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103. Back to Top Bisphenol A Addressed in U.S. and Canada Last week, the National Toxicology Program (NTP), in a draft report released for public comment, said that it agreed with an expert panel that there is “some concern” about the chemical bisphenol A’s effects on neural and behavioral health in fetuses, infants, and children at current human exposures. Bisphenol A is used to make sturdy plastics for a variety of uses including baby bottles, adult sports bottles, food and beverage packaging, and compact discs. The draft notes that the concern about the chemical comes from a number of laboratory animal studies reporting that "low" level exposure to bisphenol A during development can cause changes in behavior and the brain, prostate gland, mammary gland, and the age at which females attain puberty. The report also notes that these studies only provide limited evidence for adverse effects on development and that more research is needed to better understand their implications for human health, but that because these effects in animals occur at exposure levels similar to those experienced by humans, they cannot be dismissed. The draft report will undergo scientific peer review at the NTP Board of Scientific Counselors meeting on June 11-12. For more information, go to www.niehs.nih.gov/news/media/questions/sya-bpa.cfm. In a related story, late last week, the Canadian government announced that it would ban the use of bisphenol A in polycarbonate baby bottles. Back to Top California Moves Forward on Green Chemistry Initiative Under pressure from the state legislature, the California Department of Toxic Substances Control (DTSC) is moving forward with the Green Chemistry Initiative. The objective is to deliver a work product that will revise the way CA regulates the chemical industry. Based on a series of questions the DTSC recently sent out for input, the well-being of the chemical industry is clearly not the top priority. The questions are as follows: 1) How much should the tax be on hazardous chemicals produced, used, or distributed in California?; 2) What information would trigger a ban of a chemical by the state of California?; 3) What incentives should the state of California provide to promote the development of safer chemical or product alternatives?; 4) What would be the appropriate response by the state of California for failure to use safer alternatives?; 5) What would be the appropriate response by the state of California for failure to disclose product ingredients?; 6) By what date should the state of California require reusable or biodegradable non-petroleum-based packaging? The Chemical Industry Council of California (CICC) is very involved in this project and is working hard to counter arguments of environmentalists and others opposed to the industry’s viewpoint. If you are not a member of the CICC and would like to get involved in this effort, contact John Ulrich at 916/989-9692 or jrulrich@comcast.net.
In other state news, the Maine legislature has just approved LD 2048, “An Act to Protect Children's Health and the Environment from Toxic Chemicals in Toys and Children's Products,” which would require the disclosure of chemicals deemed to be harmful in toys and other children’s products. The bill passed by overwhelming margins of 129-9 in the House and 35-0 in Senate; the governor is expected to sign it. The bill requires the Maine Department of Environmental Protection to develop a list of “chemicals of high concern” by January 1, 2010, and designate at least two of these chemicals or groups of similar chemicals as “priority” chemicals by January 1, 2011. Manufacturers or distributors of children’s products would then be required to disclose priority chemicals, amounts, and reasons for use.
Back to Top Comprehensive REACH Preregistration Materials Available On-Line With the June 1 - December 1, 2008, REACH preregistration period approaching quickly, the European Commission and the European Chemicals Agency (ECHA) hosted a “Final Countdown to Preregistration and Registration of Chemicals” workshop on April 14. All of the workshop materials, including copies of the presentations and video recordings of speakers, are available at http://ec.europa.eu/enterprise/reach/events_en.htm. Also last week, the ECHA made live a preregistration section on its Web site, which you can access at
http://echa.europa.eu/pre-registration_en.asp.
Back to Top Time is Running Out... ...to register for the RDP Code Coordinator Orientation and Workshop in Chicago, IL, on May 5-6, 2008. NACD’s verifying companies and RDP "veterans" will be at this event. This is an indispensible way to get all of your RDP questions answered! Register on-line for both the workshop and hotel at https://www.nacd.com/dist_process/workshops.aspx. Register today!
Back to Top Overdue: Membership & Performance Data Questionnaire A few Member companies have still not completed the 2007 Membership & Performance Data Questionnaire, which was due on March 14, 2008. 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 Southern Region Meeting -- Amelia Island Plantation -- June 15-17, 2008 Our theme for this year’s meeting is “Your Are in the Spotlight,” and we believe that is so true for our chemical distribution industry today. Our meeting will focus on such topics as emergency response, how our industry “stacks up” against DOT HazMat Enforcement, and how to deal with the media – should you ever find yourself in “The Spotlight.”
Go to www.nacd.com/about/regions/southeast/se_regional_meetings.aspx to register on-line. Please make you plans today to join us @ the 2008 NACD Southern Region Meeting.
You can make your room reservations by contacting the Amelia Island Plantation Resort @ 888/261-6165. Identify yourself as being part of our group (Group # 8B48ZF) in order to take advantage of our special room rates. Deadline for hotel reservations is May 6.
Back to Top Annual Meeting Keynote Speakers Confirmed Highlights of our “You are the Difference” program include:
- Mike Barone, senior writer for U.S. News & World Report and a frequent contributor during Fox News Channel's election coverage, will look at the new political landscape after the election.
- Dan Esty, author of Green to Gold - How Smart Companies Use Environmental Strategy to Innovate, Create Value, and Build Competitive Advantage. Dan will talk about the challenges and opportunities that businesses face when incorporating environmental strategy, and practical steps businesses can take to become more competitive in this new business climate.
- Alan Beaulieu of the Institute for Trend Research (ITR®) will present the economic outlook for our industry with the clarity that is expected at ITR®. Beaulieu will take a look at what is happening in many key industries, and will address some of the questions common to all attendees, including -- are we in a recession?
Back to Top How to Find and Keep the Right Employees... Without Stealing From the Competition May 21, 2008 1:00-2:30 p.m. EDT
This webinar, presented by Dr. Kathryne A. Newton, is a practical examination of practices which may be working against your organization rather than for it, and teaches the tools needed to hire and develop a highly motivated staff positioned for success. After this webinar, you will be able to use creative recruiting tactics, hire employees that meet your company's needs, and imlement strategies for retaining your best employees.
The fee is $149 per person and on-line registration is available now. Back to Top Young Distribution Professionals Conference August 3-5, 2008
Eaglewood Resort & Spa
1401 Nordic Road
Itasca, IL 60143
Tel: 630/773-1400
Fax: 630/773-1709
Toll Free: 877/285-6150.
Reservations: $199 Single/$278 Double rates. Please book your rooms by July 9.
This Conference is designed for career-oriented professionals with less than 10 years of experience who want to grow and expand their distribution career skills. You will be able to explore a unique networking opportunity with industry peers and professionals from other distribution industries, access leadership training and career development tools for future advancement, and be able to jump start your career with management tools and insights you can apply immediately.
An on-line registration form can be found by visiting http://www.nacd.com/events/development/.
Back to Top OPSEM Registration is OPEN! Please note that you will be able to register for OPSEM today. You can 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.
For your convenience, on-line registration will be available first week of May should you prefer to register on-line.
Back to Top Join CEF for a Celebration of Chemistry CEF invites you to join us on June 13, 2008, at the Chemical Heritage Foundation in Philadelphia, PA, for the National You Be The Chemist (YBTC) Challenge. 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 and 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 6, 2008. Also, please RSVP with Corianne Bradley at cbradley@chemed.org or 703/527-6223. We hope to see you there!
Back to Top Celebrate Earth Day Everyday! Today, April 22, celebrates Earth Day, the largest environmental event worldwide. Communities around the world will join together to participate in activities that benefit the environment. CEF can help you celebrate Earth Day everyday! Distribute CEF’s Solutions and Product Stewardship Bulletins 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 ways to celebrate Earth Day everyday in your community, please visit the CEF Web site at www.chemed.org, contact CEF by phone at 703/527-6223, or by e-mail at comments@chemed.org. . Back to Top |
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