NACD News - Table of Contents
Legislative and Regulatory Updates Responsible Distribution Networking and Education Chemical Educational Foundation
Chemical Security Legislation Introduced on First Day of Congress On Tuesday, January 6, the first day of the 111th Congress, Representative Sheila Jackson Lee (D-TX), Chairwoman of the Transportation Security and Infrastructure Protection Subcommittee of the House Homeland Security Committee, introduced H.R. 261, the Chemical Facility Security Improvement Act. The bill is only three pages long, but it would result in major unfavorable changes to the current chemical security law. First, it would establish a type of state and local preemption over federal law by prohibiting the use of Department of Homeland Security (DHS) funds to approve facility site security plans unless facilities meet or exceed state and local standards that are in place. It would also allow DHS to disapprove a security plan based on the presence or absence of a particular security measure. In addition, it would replace the Counterterrorism Vulnerability Information (CVI) information protection system with the Security Sensitive Information(SSI) system. Finally, it would establish a clear private right of action allowing anyone to sue a chemical facility owner or operator for actual or perceived non-compliance.
One clear omission from H.R. 261 is a repeal of the October 2009 sunset date. It is unlikely that H.R. 261 will be the vehicle for chemical security legislation this year because it does not address the sunset date. Also, the legislation approved by the House Homeland Security Committee in 2008 went into much greater detail on the issues. However, the tone of the bill, which is also sponsored by Bennie Thompson (D-MS), the Chairman of the full House Homeland Security Committee, is troubling.
NACD will continue to urge Congress to enact a clean extension of the Chemical Facility Anti-Terrorism Standards and to allow these regulations to be fully implemented and evaluated before making changes to the program. For a copy of H.R. 261, go to http://thomas.loc.gov/home/c111query.html, type “bill number” in the drop down box, enter hr261, and hit the search key; or contact NACD Vice President, Government Affairs Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 3047. Back to Top Senate Committee Holds Confirmation Hearings on Key Cabinet Appointees Senate confirmation hearings for key Obama Administration cabinet appointees to agencies that regulate the chemical distribution industry are well underway. Last Wednesday, the Environment and Public Works Committee held its confirmation hearing for Lisa Jackson to be Administrator of the Environmental Protection Agency (EPA) and Nancy Sutley to be Chair of White House Council on Environmental Quality. The hearing went smoothly, and both of these individuals are expected to be easily approved by the committee and the full Senate shortly. On Thursday, the Homeland Security and Governmental Affairs Committee held its hearing for Janet Napolitano to be Homeland Security Secretary. Her hearing also went smoothly, and her nomination is expected be easily approved by the committee and full Senate. The Senate Commerce, Science, and Transportation Committee nomination hearing for Ray LaHood to be Secretary of Transportation is scheduled for Wednesday, January 21. Back to Top DOT Issues Final Rule on Rail Tank Car Standards On January 13, the Pipeline and Hazardous Materials Safety Administration published a final rule in the Federal Register requiring more stringent standards for rail tank cars carrying poison inhalation hazards. The final rule requires PIH tank cars to have better puncture resistance against a side impact with a combination of thicker inner shells where the hazardous materials are held and/or thicker outer jackets depending on the specific materials being transported. In addition, each end of the tank car must be protected with a full head shield where not already mandated by existing regulations. In addition, strengthened valves, top fittings, and nozzles used to load and unload the tank car will be required to prevent a release in a rollover accident. The final rule also imposes a 50 mph maximum speed restriction on all loaded PIH tank cars and allows for an increase in the gross weight of the tank car to accommodate the enhanced safety measures. Also, it requires tank car owners to prioritize the retirement or replacement of older tank cars used in PIH service which were built prior to 1989 with non-normalized steel that may not adequately resist the development of fractures. The final rule takes effect on March 16, 2009.
PHMSA first published a proposed rule to increase PIH rail car safety standards in April. NACD filed comments with PHMSA expressing concerns about the proposed new standards. In addition, several organizations petitioned the agency for a different interim standard to allow for a more reasonable phase-out of aging tank cars than was proposed in the April notice and to prevent a shortage of cars needed to transport PIH materials. The January 13 final rule addresses the petitioners’ concerns. For a copy of the final rule, go to www.gpoaccess.gov/fr/index.html, type “page 1770” into the top box, and hit the submit key, or contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 3047. Back to Top PHMSA Publishes HM-215J International Harmonization Final Rule On January 14, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published in the Federal Register the final rule for HM-215J, which includes the most recent amendments to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, the United Nations Recommendations on the Transport of Dangerous Goods, and subsection 4.18(5) of Amendment 6 to Transport Canada’s Transportation of Dangerous Goods Regulations, pertaining to placarding of anhydrous ammonia. PHMSA had released a pre-Federal Register copy of this rule during the last week in December.
A major portion of the final rule addresses the safe transportation of batteries and battery-powered devices. Although the title is focused on batteries, be sure to take a close look at HM-215J because it also updates the Hazardous Materials Regulations (HMR) to authorize use of the most current versions of international standards to facilitate the continued safe and efficient transport of hazardous materials in international commerce. The rule amends the hazardous materials table (HMT) to maintain alignment with international standards, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Compliance with most provisions of the final rule will become mandatory on January 1, 2010, but voluntary compliance is authorized as of January 1, 2009. For a copy of the final rule, go to www.gpoaccess.gov/fr/index.html, type “page 2200” into the top box, and hit the submit key, or contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 3047. Back to Top EPA Issues Final Rule to Extend SPCC Compliance Dates On January 14, the Environmental Protection Agency (EPA) announced a final rule to extend the deadline from July 1, 2009, to November 20, 2009, for facilities that are covered by the Spill Prevention, Control, and Countermeasures (SPCC) rules to prepare or amend and implement their SPCC Plans. EPA is extending this deadline in order to provide owners or operators of covered facilities the opportunity to more fully understand the regulatory changes made to the SPCC rule between 2006 and 2008. The rule follows the proposed rule on the subject issued by EPA on November 26. The final rule has not yet been published in the Federal Register. For a pre-publication copy and a fact sheet listing the new compliance dates, go to www.epa.gov/emergencies/content/spcc/spcc_jan09ext.htm. Back to Top Plan to Attend the Washington Fly-In – April 29-30, 2009 With 14 new Senators, 54 new Representatives, and all of the legislative and regulatory challenges facing NACD members in the coming months, your participation in the 2009 Washington Fly-In is more important than ever. As Congress considers new chemical security legislation, TSCA reform, Hazardous Materials Transportation Act reauthorization, and many other issues, legislators will need to be informed on how these proposals will impact the chemical distribution business. The most effective method of doing this is through face-to-face meetings between members of Congress and/or their staff and you, their constituents, who can best explain the ramifications of various proposals on your businesses, employees, and communities. The NACD Washington Fly-In, which will take place April 29-30, provides the perfect venue for you to have these face-to-face meetings.
The host hotel for the Fly-In is the 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. 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. For additional information, including a Fly-In brochure and registration form, visit www.nacd.com/advocacy/washingtonFlyin.aspx. For additional information, contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 3047. Back to Top DHS Announces Web-Based Security Awareness Training The Department of Homeland Security (DHS) has announced the availability of the Web-Based Chemical Security Awareness Training for chemical sector employees. This program is designed to help participants know what to look for and what to do if they notice anything suspicious at their facilities. Instruction modules present scenarios in which participants must identify a suspicious or non-secure situation and then select a corrective action. Incorrect choices will lead to instructional material until the participant makes the correct choice. Knowledge is verified by a short quiz after each module. The units cover topics such as understanding today’s security threats; identifying and detecting substances, devices, and persons who could threaten security; and recognizing techniques used to circumvent security measures.
The training is convenient, requiring only a computer and Internet connection and 30 to 60 minutes of time. It also provides start and stop features for scheduling flexibility. The training also rewards participants with a printable certificate. The program aligns with risk-based performance standards under the Chemical Facility Anti-Terrorism Standards (CFATS) but does not fulfill the regulation’s requirements on its own. To access the training program, go to https://www.chemicalsecuritytraining.com, click on the “new users” button. Enter chemsec100 into the facility key box, and click “begin registration.” If you would like complete fact and instruction sheets on the training, contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 3047. Back to Top DHS Announces Second in Series of VBEID Awareness Training Courses On February 24, in Los Angeles, CA, DHS will hold the second in a series of courses to train chemical sector security professionals and stakeholders on essential elements pertaining to the threat of improvised explosive devices (IEDs) and vehicle-borne improvised explosive devices (VBIEDs). These one-day workshops illustrate baseline awareness, prevention, and mission essential actions that reduce vulnerabilities and counter the threat of an attack by an IED or VBIED. The course objectives are to prepare security professionals to deal with potential explosive incidents and to enhance the chemical sector’s ability to deter, prevent, detect, protect against, and respond to attacks that use IED’s.
The February 24 course will be held from 8:00 a.m. – 4:30 p.m. at the Los Angeles Fire Department at 1700 Stadium Way, B-2. The program is free, and parking is available on site. Breakfast and lunch are on participants’ own. To register, contact Nohemi Zerbi at chemicalsector@dhs.gov or 703/235-2871 no later than February 16, and provide her with your name, title, company/organization, telephone number, and e-mail address.
DHS is planning to hold the workshop in March in Dover, DE; in April in Newark, NJ; in May in Detroit; and in June in Chicago. More details will be available in the coming weeks. If you would like a copy of the flyer for the February 24 Los Angeles workshop, please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 3047. Back to Top Membership & Performance Data Report Soon, all NACD members will receive a request to submit their responses to the 2008 Membership and Performance Data Report. Please note that completion of the annual questionnaire is a condition of membership in NACD.
Back to Top RDP Workshop: May 18-19, 2009 Mark your calendars for the next RDP Code Coordinator Workshop in Houston, May 18-19, 2009. More information will be available soon, but contact Mike Lang at mlang@nacd.com to reserve your spot today!
Back to Top Registration On-going for the 2009 NACD Southern Region Meeting Registration is on-going for the 2009 NACD Southern Region Meeting at the Atlantis Resort in the Bahamas. If you have yet to register, click here to register on-line.
To get the preliminary agenda, activities and tour list, a U.S. Passport application, and a meeting registration form, click here. The deadline to register for the meeting is Friday, April 3, 2009.
For further information regarding the 2009 NACD Southern Region Meeting or the agenda, activities, meeting and hotel registration, please call NACD at 703/527-6223.
Back to Top Save the Date for the 2009 NACD Central Region Meeting! Please join the Central Region for their 2009 Meeting at the Seelbach Hilton, Louisville, KY, June 16-17, 2009.
Additional information will be available shortly, so please be sure to visit the Central Region Web site for updates by clicking here or call 703/527-6223 for further information.
Back to Top OPSEM2009 Rocks Cleveland, OH! Mark Your Calendars Now Mark your calendars now for OPSEM2009, September 16-18 at the Cleveland Convention Center and Crowne Plaza Hotel. The hotel room rate is $149/night S/D. Please make your hotel room reservations by August 12, 2009.
To view the program schedule, download an Exhibitor Registration Form & Booth Contract, view the exhibit floorplan, and for further hotel information, please click here.
Contact Sophia Bezas at sbezas@nacd.com or 571/482-3040 for further information.
Back to Top University of Industrial Distribution (UID) On-line Registration On-going UID is a concentrated educational program focused on the unique needs of the industrial wholesale distribution industry. Known worldwide for excellence in education, UID is sponsored by the leading industrial distribution professional associations, in cooperation with the Industrial Distribution Program of Purdue University.
NACD members interested in attending, click here to download the registration form. Remember, this event sells out quickly!
For further information, click here.
Back to Top 2008 NACD Membership Directories Available Work on the 2009 edition of the Membership Directory is currently underway. If you have not notified NACD of changes to your contact information, please do so now.
Extra copies are available of the (old) 2008 Directory. If you would like additional copies of the NACD 2008 Membership Directory, please contact Sophia Bezas at 571/482-3040 or via e-mail at sbezas@nacd.com.
Back to Top Fall OPSEM2009 Discount for Exhibitors – Registration Extended Exhibitors, want to optimize expenses and drive growth? If answered you yes, register now and save 5% on your OPSEM2009 booth. This offer has been extended until January 30, so sign up today.
To download an Exhibitor Registration Form & Booth Contract and view the exhibit floorplan, click here. Completed forms can be faxed to 571/482-3077. Contact Sophia Bezas at sbezas@nacd.com or 571/482-3040 for further information.
Back to Top Still Time Left to Nominate an Industry Colleague for the Vanguard Award! 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 Tuesday, April 28, 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.
Back to Top You Be The Chemist Activity Guides: Exposing Students to the World of Science! CEF’s You Be The Chemist Activity Guides: Lesson Plans for Making Chemistry Fun provide hands-on experiments that engage students in learning about important chemistry concepts, discoveries, and chemical safety. The guides also serve as a great community outreach tool as distribution encourages the collaboration of community organizations, area schools, and your company, to strengthen community relations, as, together, you educate students on the benefits and value of chemistry.
The Activity Guides expose students to the world of science as it applies to their everyday lives, allowing them to gain a greater appreciation of how science will continue to shape their world. It is our hope that this may spark an interest in young minds, motivating our next generation of doctors, scientists, and engineers, as well as establishing a more informed general public!
There are two booklets, one for grades K-4 and another for grades 5-8, available for purchase, separately ($12 and $15, respectively) or together ($20). For more information on how to distribute the guides in your community, please visit www.chemed.org or contact the CEF staff by e-mail at comments@chemed.org or by phone at 703/527-6223.
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