NACD News - Table of Contents
Legislative and Regulatory Updates
Responsible Distribution
Networking and Education
Chemical Educational Foundation
Legislative Action Request – Responsible Distribution PAC Prior Approval Forms Needed
NACD is making a concerted effort toward growing our political influence in Washington through its Political Action Committee (PAC). We want to talk to each NACD member about the PAC and how it can protect chemical distributors, but we cannot do so until you sign the NACD Responsible Distribution PAC Prior Approval form for years 2010-2013. For a copy of the form, click here.
The NACD Responsible Distribution PAC is how we help elect pro-chemical distributor Members of Congress. It is going to give us a voice during a busy and often tumultuous election cycle. It is critical for you to sign the Prior Approval Form. Under Federal Election Commission (FEC) law, NACD cannot talk to you about joining the PAC, and you cannot talk to your employees about the PAC, unless you sign this form. NACD will NOT communicate with any of your employees regarding the NACD PAC without asking for your permission first.
Thanks to the 50 NACD members who have submitted your PAC prior approval forms. If your company is not among these members, please fill out the form and fax it back to NACD at 703/527-7747 before the end of the year.
If you have any questions, please contact NACD Manager of Government Affairs Chris Parinello at cparinello@nacd.com or 703/527-6223, ext. 3046.
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Legislative Update – Senate EPW Committee Holds TSCA Hearing
On December 2, the Senate Environment and Public Works (EPW) Committee held a hearing on reforming the Toxic Substances Control Act (TSCA). The hearing’s witnesses, including EPA Administrator Lisa Jackson, urged the Committee to reform TSCA so the EPA has sufficient authority to obtain data on chemicals to help evaluate their risks. “The need for TSCA reform has been recognized by industry groups, including the American Chemistry Council, environmental groups, public health groups, several states and cities, and many other groups who have all called on Congress to act. I too call on Congress to act on this issue and give EPA the tools to adequately protect human health and the environment,” Jackson said.
The hearing was held as three consumer products associations, the Consumer Specialty Products Association, the Soap and Detergent Association, and the Grocery Manufacturers Association, all urged the Committee to reform TSCA. “We support modernization of TSCA and continue to urge Congress to establish a stakeholder process to develop the most comprehensive chemicals management policy in the world. All stakeholders – Congress, regulators, downstream users, raw material suppliers, retailers, [and] environmental, consumer, animal welfare, and labor groups – should work together to develop sound public policy on this complex issue.”
NACD continues to work with other stakeholder groups on this issue. We are developing principles that acknowledge the need to reform TSCA without placing burdens on responsible chemical distributors. If you have any questions or issues with current or proposed TSCA law, please contact Chris Parinello at cparinello@nacd.com or 703/527-6223, ext. 3046. To view a streaming video archive of the December 2 EPW hearing, or to read Committee members’ opening statements and witness testimony, visit http://epw.senate.gov and click on “hearings.”
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Legislative Update – Chemical Security Debate Moves to Senate
On December 3, the 25th Anniversary of the Bhopal chemical release disaster, Senator Frank Lautenberg (D-NJ) issued a press release calling for enactment of chemical security legislation to mandate the use of inherently safer technologies. “We have a responsibility to reduce the use of dangerous chemicals and keep our families and communities safe from potential attacks against these facilities.” In 2006, Sen. Lautenberg and then-Senator Barack Obama introduced legislation that would have mandated the use of ISTs, and he indicated that he would soon reintroduce this legislation. Last month, the House of Representatives passed H.R. 2868, which would require all facilities covered under the Chemical Facility Anti-Terrorism Standards (CFATS) to conduct IST assessments and would require facilities in risk tiers 1 and 2 to implement ISTs. The Senate Homeland Security and Governmental Affairs Committee (HSGAC), chaired by Senator Joe Lieberman (I-CT) is expected to begin consideration of chemical security legislation early in 2010. It is not clear whether the committee will draft its own bill or use the House bill. NACD staff has been meeting with members of the HSGAC to express concerns about the impracticality of requiring distributors to assess and implement ISTs.
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Legislative Update – House to Consider Bill to Renew R&D Tax Credit and Other Measures
As early as tomorrow, the House of Representatives is expected to consider H.R. 4213, the Tax Extenders Act of 2009. This bill includes a one-year extension of the research and development (R&D) tax credit, other limited tax measures for businesses, several provisions to encourage the use of renewable energy, and several measures for individuals.
Last week, NACD signed on to a letter with over 30 other organizations asking Congress and the President to also extend the depreciation bonus that allows businesses to write off 50 percent of new equipment purchases and permits small businesses to expense up to $250,000. These measures were included in the American Recovery and Reinvestment Act enacted earlier this year but are missing from the current version of H.R. 4213. While the House is expected to pass H.R. 4213, the Senate outlook is unclear. For more information on H.R. 4213, visit http://waysandmeans.house.gov/News.asp?FormMode=release&ID=981.
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Regulatory Compliance Update – Compliance Date for FMCSA New Entrant Safety Assurance Process is December 16
Last December, the Federal Motor Carrier Safety Administration (FMCSA) issued a final rule to raise the standard of compliance for passing the safety audit under the New Entrant Safety Assurance Process.
Among the changes is an automatic failure component for the safety audit. If a new entrant is found to have a single occurrence of any one of 16 identified regulatory violations that FMCSA deems as essential elements of basic safety management controls necessary to operate in interstate commerce, it will automatically fail the safety audit.
Another change strengthened the safety monitoring element of the program by identifying seven incidents or regulatory violations which, if discovered during a roadside inspection or by any other means than the safety audit, would trigger expedited action against the new entrant by FMCSA. In addition, the requirement to self-certify to pre-operational knowledge of the Federal safety standards was eliminated, and use of associated Form MCS-150A was discontinued. The final rule took effect on February 17, 2009, and the compliance date is next week on December 16. FMCSA is considering further changes to this program, including the establishment of a proficiency exam.
For a copy of the final rule, go to http://edocket.access.gpo.gov/2008/pdf/E8-29253.pdf.
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Regulatory Update – HM-232 Revisions Under Final Administration Review
On November 27, the U.S. Department of Transportation (DOT) sent a final rule to narrow the list of materials subject to security plan requirements under the DOT HM-232 security regulations to the Office of Management and Budget for a final review.
The proposed rule, published by the Pipeline and Hazardous Materials Safety Administration (PHMSA) in September, 2008, would limit security plan requirements to specified quantities of security sensitive hazardous materials. For example, for Class 3 Flammable Liquids, security plans would no longer be required for quantities of less than 3000 liters in a single package or container. Under the current regulations, any placarded quantity of these materials requires a security plan.
NACD filed comments on the proposal in November, 2008. The comments commended PHMSA on the effort to make the security requirements more risk-based than they are under the current regulations, urged PHMSA to work with the Transportation Security Administration (TSA) to adopt identical lists of security sensitive hazardous materials (SSHM) that would be subject to the enhanced requirements, and raised concerns about a requirement for covered entities to conduct security assessments of specific risks that exist on specific routes. NACD argued that this requirement would not be feasible for the vast majority of chemical distributors who have tremendous variations in their shipment destinations. NACD said that a requirement to have site specific and general en-route risk assessments would be reasonable. Since the proposal is now under the final administrative review stage, DOT will likely publish the final rule in early 2010.
If you have any questions, please contact NACD Vice President of Government Affairs Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 3047.
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Regulatory Update – EPA Prepares to Regulate Greenhouse Gas Emissions
Yesterday, the Environmental Protection Agency (EPA) announced that six gases, including carbon dioxide and methane, pose a danger to the environment and the health of Americans and that the agency would start drawing up regulations to reduce those emissions. This “endangerment finding” allows the agency to push forward on regulating greenhouse gases under the Clean Air Act in the event that Congress is unable to send cap-and-trade legislation to President Obama. The EPA's endangerment finding – a key bureaucratic step in the regulatory process – is seen as a response to an order from the U.S. Supreme Court, which ruled in April 2007 that carbon dioxide should be considered a pollutant under the Clean Air Act. As a result, the court said, the EPA had not only the power but the obligation to regulate the gas. (In that case, Massachusetts v. EPA, the Bush administration was fighting against regulating carbon dioxide from vehicle tailpipes.). For more information on the endangerment finding, visit www.epa.gov/climatechange/endangerment.html.
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Regulatory Update – ITA Launches Countervailing Duty Investigation of Certain Sodium and Potassium Phosphate Salts from China
On October 23, the International Trade Administration (ITA) of the U.S. Department of Commerce initiated a countervailing duty investigation of certain sodium and potassium phosphate salts from China. The investigation is in response to a petition filed by ICL Performance Products LP and Prayon, Inc., in which these companies allege that manufacturers, producers, or exporters of sodium and potassium phosphate salts in the People's Republic of China (``PRC'') receive countervailable subsidies under the Tariff Act of 1930 and that such imports are materially injuring, or threatening material injury to, an industry in the United States. The initial deadline for a preliminary determination was December 18, 2009, but the ITA has extended the date to February 22, 2010.
For more information, visit http://edocket.access.gpo.gov/2009/pdf/E9-25571.pdf.
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Regulatory Update – US Trade Rep Requests Report on SME Exporters from ITC
The Office of the United States Trade Representative (USTR) has requested that the U.S. International Trade Commission conduct a three-part study to look at small and medium sized businesses (SMEs) in the U.S. and their role in trade, particularly exports.
On October 28, the ITC announced the initiation of the first report, which will provide an overview of the current state of SMEs' participation in U.S. exports. This report will describe the characteristics of SMEs, their exports, and their role in generating employment and economic activity in the U.S. economy. The ITC is expected to submit this report to the USTR by January 12, 2010.
On December 1, the ITC announced the initiation of the second report, which will compare the exporting activity of SMEs in the U.S. and the European Union, identify barriers to exporting noted by U.S. SMEs and strategies used by SMEs to overcome special constraints and reduce trade costs, and identify the benefits to SMEs from increased export opportunities including those arising from free trade agreements and other trading arrangements. The USTR requested that the ITC transmit this report by July 6, 2010. The ITC will hold a public hearing in Washington on February 9, 2010 and may hold additional hearings in Portland, OR and St. Louis, MO.
In the third report the ITC will examine U.S. SMEs engaged in providing services, including the characteristics of firms that produce tradable services, growth in services exports, and the differences between SME and large services exporters. It will also examine U.S. goods and services exports by SMEs and identify trade barriers that may disproportionately affect SME export performance, as well as possible linkages between exporting and SME performance. The USTR requested that the ITC transmit this report by October 6, 2010.
For the latest Federal Register notice describing this process and announcing the February hearing, visit http://edocket.access.gpo.gov/2009/pdf/E9-28764.pdf.
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Training Resources – OSHA Releases Best Practices Manual for EMS Responders
The Occupational Safety and Health Administration has issued a guidance document that addresses adequate training and personal protective equipment (PPE) for emergency medical services responders who assist victims of hazardous substance release incidents. This document, a companion to OSHA's Best Practices for Hospital-Based First Receivers, advises that employers provide, at a minimum, awareness level training to EMS responders. Workers receiving awareness-level training are not permitted to rescue or treat contaminated patients, but are responsible for notifying authorities if they suspect hazardous substances at a scene. Operations-level training teaches EMS responders skills for entering hazardous areas and caring for contaminated individuals.
The guidance document helps employers to determine the type of training and PPE needed by anticipating the EMS responder's role in a worst-case scenario, identifying hazards associated with the responder's assigned duties, and developing an emergency response plan detailing safe accomplishment of those duties. To view the document, Best Practices for Protecting EMS Responders During Treatment and Transport of Victims of Hazardous Substance Releases, visit www.osha.gov/Publications/OSHA3370-protecting-EMS-respondersSM.pdf.
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RDP Webinar: Carrier Selection
Join us for another complimentary RDP webinar as John Conley, President of the National Tank Truck Carriers, presents Carrier Selection for NACD.
More information on this program will be available soon, but in the meanwhile, contact Mike Lang at mlang@nacd.com to reserve your spot.
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Results for the Membership & Performance Report
NACD member companies made 5.2 million chemical distribution shipments, were responsible for 81 billion pounds of delivered product, and drove more than 199 million miles in the distribution of these chemicals throughout 2008.
These increases are remarkable in a down economy. NACD members operated lean this past year and were consistent in delivering timely products safely. A continued commitment to safety was demonstrated again in 2008. While miles driven rose over 2007 numbers, NACD member companies reduced reportable vehicular accidents or spills by an astonishing 75.7%, and recordable injuries due to vehicular accidents or transportation spills decreased by 46.2% from 2007, according to the 2008. NACD member companies make a delivery every 6 seconds with a fatality rate twice as good as DOT’s target goal.
To review the report, click 2008 Membership & Performance Report and scroll down the page.
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OPSEM2010 is Early Next Year - New Date and Place - August 18-20, 2010 in Austin, TX!
Mark your calendars for the new OPSEM date - August 18-20, 2010 in Austin, Texas.
We realize this is vacation time and we want you to bring your familIes to OPSEM. Tour actvities for the entire family will be available as part of the program. Participants will stay at the Hilton Downtown Hotel, which is a 4-diamond hotel, located in the heart of downtown Austin - so no rental cars will be needed!
The OPSEM Committee will start developing the program on January 15. In the meanwhile, we welcome your suggestions regarding potential speakers or session topics. Also, if any local member or affilate companies would like to offer tours of their facilities to OPSEM participants, please let us know.
Contact Roselle Foley with any suggestions by January 4 at rfoley@nacd.com.
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Annual Meeting - A Huge Success!
NACD would like to thank everyone that attended our 2009 Annual Meeting. We hope you enjoyed a week of networking, education, and reuniting with friends and colleagues.
We received many positive comments about the program, exceptional speakers, and networking opportunities. If you would like to view the presentations, please click here.
The final attendee numbers were close to 570 versus last year's total of 581. A short survey has been e-mailed to participants, please take a few minutes to let us know how we did. Your suggestions and feedback will help us develop next year's program in La Quinta, CA - November 29-December 3, 2010. Please complete the survey by Friday, December 18, 2009.
By completing the survey by December 18, your name will be entered into a drawing to win a free golf registration for the 2010 Annual Meeting. We will notify the winner by e-mail and announce the winner’s name in the upcoming issue of News Briefs and Chemical Distributor.
See you next year in La Quinta, California!
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On-line Registration Now Available for the 2010 NACD Southern Region Meeting on July 12-15, 2010.
Online Registration for NACD's 2010 Southern Region Meeting is now available. Click here to register.
Attendees will enjoy three ½ day training sessions from the Disney Institute. Each day will build on the previous day. Our focus will be on Leadership and People management with a theme of: “How do they Do It... and How can we do it Too?"
Disney's BoardWalk Resort
2101 Epcot Resorts Boulevard
Lake Buena Vista, FL 32830
For additional hotel information, click here.
The room rate at Disney’s BoardWalk Resort for NACD guests is $159/night, including:
• free transportation to and from the Orlando airport with Disney’s Magical Express (a $55/value each direction),
• free luggage handling and delivery,
• free parking, and
• free Internet service.
Make your reservation today at the Disney's BoardWalk Resort to join us! Call 407/934-3372 and reference our room block code: NACD - G0552209
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Limited Enrollment, Register Your Team Today for the University of Industrial Distribution (UID) - Sponsored by NACD
2010 marks the 17th year that the University of Industrial Distribution (UID) has been serving the distribution industry. The UID is a concentrated educational program focused on the unique needs of the industrial wholesale distribution industry, and is known worldwide for excellence in education.
Course Snapshot:
Here is a view of just one day of the UID Agenda, courses include:
- Creating a Winning Marketing Plan
- Improving the Distributor’s Bottom Line
- You Can Always Sell More – How to Improve Any Sales Force
- Creating a Competitive Distinction
- Leadership and Delegation for Distribution Managers
- Differentiating Your Distribution Company – A Winning Strategy
Program Dates:
Monday, March 8, 2010 through Thursday, March 11, 2010
Who Should Attend:
Anyone looking for an opportunity to improve personal performance and/or the company’s bottom-line!
Cost:
US$995 ( a $500 savings off the full rate for NACD members). This conference always sells-out. Register your staff today. To register and for further program information, click here.
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Announcing the Dates and Location of the 2010 Western Region Meeting
Save the date for NACD's 2010 Western Region Meeting
on April 13 – 17, 2010 at Kohala Coast, Hawaii.
Mauna Lani Bay Hotel and Bungalows:
68-1400 Mauna Lani Drive
Kohala Coast, Hawaii 96743
Reservations: 800/367-2323
NACD room rate is $235 per night
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Central Region Selects Location for 2010 Meeting
The Central Region 2010 Meeting will be held at the French Lick Resort in French Lick, Indiana. The meeting will be held June 21-22, 2010 and will include a golf outing on June 21 and an all day meeting on June 22.
The resort has a great Donald Ross and Pete Dye golf course on site. After our golf outing, the course will begin preparations for the PGA.
Visit the Central Region Web site for details to come.
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CEF Honors Texas Chemical Company in New York City
KMCO, LLP of Crosby, TX, wins the Educational Outreach Award at the Society of Chemical Manufacturers & Affiliates’ (SOCMA) Performance Improvement Awards Program. The award, created through a partnership between CEF and SOCMA, is an avenue by which both organizations hope to expand community outreach efforts throughout the chemical industry.
KMCO was awarded for their efforts to promote science awareness within the community and was recognized at SOCMA’s Annual Dinner, held in New York City on December 7. In addition, the Huffman (TX) Independent School District received a $2,500 donation from CEF.
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CEF Thanks NACD Golf Tournament Participants
CEF thanks everyone that participated in the CEF golf fundraisers at NACD's Annual Meeting Golf Tournament in Marco Island, Florida.
The CEF staff and Board of Trustees greatly appreciate your generous support. All of the proceeds will benefit the Foundation's educational programs. Thank you!
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CEF Announces Board of Trustee Changes
CEF annouces several board of trustee changes effective January 1, 2010:
- CEF President: Laura Dornbusch, President, Expo Chemical Co., Inc., Houston, TX
- CEF Vice President: Rosemary Podwin, Business Manager, Shell Chemical Company, Houston, TX
- CEF Trustee: Arthur Dhom, Jr., President, Pride Solvents & Chemical Co., Inc., Pottsville, NY
Also, CEF thanks former CEF President, Stephen R. Clark, CEO of Brenntag Holding, and Trustee, Joseph Acker, President of the Society of Chemical Manufacturers & Affiliates, for their generous support and service to the Foundation. Clark will remain on the Board as a Trustee.
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