NACD News - Table of Contents
Legislative and Regulatory Updates Responsible Distribution Networking and Education Chemical Educational Foundation
NACD Welcomes New Director of Government Affairs On April 6, Conrad Schatte joined the NACD staff as Director of Government Affairs. Conrad comes to NACD with valuable experience. He spent several years on Capitol Hill with Senators George Allen and John Warner of Virginia, where he worked on homeland and chemical security, transportation, and environmental issues, all areas important to NACD member operations. For NACD, Conrad is handling Toxic Substances Control Act reform and other environmental issues; labor issues, including the Employee Free Choice Act; and tax issues. He is also taking the lead on the NACD Responsible Distribution PAC. NACD Vice President of Government Affairs Jennifer Gibson will continue to handle security, transportation, and trade issues and to be lead for the annual Washington Fly-In. Conrad’s experience and strong network of contacts in Washington will greatly enhance NACD’s advocacy efforts. You can reach Conrad at cschatte@nacd.com or 703/527-6223, ext. 3046. Back to Top Last Chance to Sign Up for NACD Washington Fly-In The NACD Washington Fly-In will take place in just two weeks on April 29-30. 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, April 13, NACD continues to accept registrations. The April 13 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. Strong participation from NACD members is key to legislative survival in this challenging environment. The Fly-In registration form and program information are posted on NACD’s Web site at www.nacd.com/advocacy/washingtonFlyin.aspx. If you have any questions about the Fly-In program, please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 3047. Back to Top Legislative Update – Employee Free Choice Act Loses Two Key Supporters Supporters of the “Employee Free Choice Act” have realized a tougher path to passage as Senators Arlen Specter (R-PA) and Blanche Lincoln (D-AR) have announced they will not support the bill in its current form. This legislation would take away employees’ ability to vote to recognize a union by secret ballot and replace it with a card check process, where employees would be forced to make their choices in front of union organizers and pro-unionization employees. The bill would also authorize government arbitrators to impose collective bargaining agreements on employers. The House of Representatives passed this legislation easily in 2007, and the Senate came up nine votes short. Because of the level of controversy over the bill, 60 votes will be needed in the Senate to move the legislation forward. With the defections of Specter and Lincoln and the vacant Minnesota Senate seat, the bill is counting 57 probable yes votes at this point. This issue will continue to develop and is far from shelved for the current Congress. It will be one of the top issues discussed during the Fly-In later this month. To access the NACD position paper on this and other policy issues go to: www.nacd.com/advocacy/positionPapers.aspx. Back to Top Regulatory Compliance Resource – Chemical Security Summit Nearly Sold Out The 2009 Chemical Sector Security Summit, to take place June 29 - July 1, is almost sold out. This event, hosted by the Department of Homeland Security (DHS) and the Chemical Sector Coordinating Council, including NACD, is designed for chemical industry professionals who are responsible for security in their organizations. Highlights of the Summit will include the next stages of Chemical Facility Anti-Terrorism Standards (CFATS) implementation and the opportunity to interact with key officials from DHS and other federal agencies. There is no registration fee for the Summit; a meals package is available for purchase. The event will take place at the Baltimore Marriott Waterfront on Baltimore’s famous Inner Harbor. For more information, including a preliminary agenda, the registration form, and the hotel contact information to make reservations, visit www.nacd.com/advocacy/chemsummit.aspx. To register, you must fill out the registration form and e-mail it to chemicalsummitreg@dhs.gov. If you would like to participate, please register as soon as possible to secure your slot. Back to Top Regulatory Update – EPA Delays Effective Date of Changes to Spill Prevention Plans to 2010 The amendments to the Spill Prevention, Control, and Countermeasure (SPCC) regulations issued in December 2008 will become effective on January 14, 2010, rather than this month. The agency is also soliciting comments as to whether a further delay may be warranted. The rule is intended to ease requirements for businesses to develop plans for preventing spills of petroleum and other types of oil. Under SPCC regulations, owners and operators of facilities that use, store, or transfer consumer oil or oil-based products must develop and implement certified spill-prevention plans to avoid discharges into U.S. waters. For further information on SPCC regulations and the delayed rule please visit the EPA’s Web page on the Spill Prevention, Control, and Countermeasure (SPCC) Rule at www.epa.gov/OEM/content/spcc/index.htm. Back to Top Regulatory Update – EPA Publishes Draft Greenhouse Gas Emissions Rule In response to the FY2008 Consolidated Appropriations Act (H.R. 2764; Public Law 110–161), EPA has proposed a rule that requires mandatory reporting of greenhouse gas (GHG) emissions from facilities that emit greater than 25,000 metric tons per year in the U.S. The rule would apply to fuel suppliers and industrial gas suppliers, as well as to direct greenhouse gas emitters. The proposed rule does not require control of greenhouse gases but requires that sources above certain threshold levels monitor and report emissions in order to better inform future policy debates and decisions. The first reports would be submitted to EPA in 2011 and would be based on 2010 data.
NACD will be submitting comments to the EPA on the proposed rule and soliciting input from members regarding the potential effects that monitoring and reporting efforts could have on company operations. To discuss this issue with NACD Government Affairs, please contact Conrad Schatte at cschatte@nacd.com or 703/527-6223, ext. 3046. For more information on the rulemaking go to the EPA’s homepage on the rule: www.epa.gov/climatechange/emissions/ghgrulemaking.html. Back to Top Regulatory Update – FMCSA Publishes Final Rule Regarding Freight Forwarding Last week, the Federal Motor Carrier Safety Administration (FMSCA) published a final rule in the Federal Register to require all surface freight forwarders to issue a receipt or bill of lading on each shipment for which they arrange transportation of freight by commercial motor vehicle in interstate commerce. Where the current regulations concerning receipts or bills of lading apply only to freight forwarders of household goods, the new rule will apply to non-household goods freight forwarders as well. The final rule will take effect on May 6, 2009. For a copy of the rule, go to www.gpoaccess.gov/fr/index.html, type “page 15388” into the top box, and hit the Submit key. Back to Top Regulatory Update – PHMSA Publishes HM-218E Final Rule to Amend the Hazardous Materials Regulations On Thursday, April 9, the Pipeline and Hazardous Materials Safety Administration published a final rule, HM-218E, Miscellaneous Cargo Tank Motor Vehicle and Cylinder Issues in the Federal Register. The final rule amends certain requirements applicable to the manufacture, maintenance, and use of Department of Transportation (DOT) specification cargo tank motor vehicles, DOT specification cylinders, and United Nations pressure receptacles. The changes are based on petitions for rulemaking submitted by the regulated community and are intended to enhance the safe transportation of hazardous materials in commerce, clarify regulatory requirements, and reduce operating burdens on cargo tank and cylinder manufacturers, requalifiers, carriers, shippers, and users. The most significant change in the rule addresses a safety issue identified by the National Transportation Safety Board concerning the transportation of compressed gases in cylinders mounted on motor vehicles or in frames, commonly referred to as tube trailers. The final rule will take effect on May 11, 2009. For a copy of the rule, go to www.gpoaccess.gov/fr/index.html, type “page 16135” into the top box, and hit the Submit key. Back to Top DHS Announces Homeland Security Grants Last week the Department of Homeland Security (DHS) announced almost $1 billion in fiscal year 2009 preparedness grants. These grants include $48.6 million for the Buffer Zone Protection Program (BZPP) to increase preparedness capabilities of jurisdictions responsible for safeguarding critical infrastructure sites such as chemical facilities, through planning and equipment acquisition. The grants also include $15 million for the Freight Rail Security Grant Program for security plans, vulnerability assessments, security awareness training, and GPS tracking systems for rail cars transporting toxic inhalation materials. This is double the amount from last year. In addition, $2.2 million is allocated to the Trucking Security Program and a large amount, $388.6 million, is allocated to the Port Security Grant Program. For more information, including a lists of grant recipients and amounts, go to www.dhs.gov/ynews and click on the press release under April 8. There, you will find a link to the full overview of the grants. Back to Top Regulatory Update – OSHA Updates Field Operations Manual The Occupational Safety and Health Administration (OSHA) has revised its 1994 Field Inspection Reference Manual (FIRM) with the March 2009 Field Operations Manual (FOM.) The FOM is an update of the manual and provides OSHA field offices a reference document for responsibilities associated with their inspection duties. Regulations affecting inspected facilities have not changed as a result of this new manual so there should be no direct impact on NACD members. To see the new FOM go to the OSHA Web site at www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=17702. Back to Top New! RDP Mentoring Program NACD is pleased to announce the new RDP Mentoring Program to continuously improve our members’ environmental, health, safety, and security (EHS&S) requirements of RDP. NACD is also offering the program to NACD Affiliates and Candidates because the entire chemical industry benefits from organizations that strive for a higher level of RDP Excellence and EHS&S performance.
If you need clarification about the RDP Code of Management Practice, advice on how to satisfy specific Code requirements, information or examples of processes or procedures, and more, the RDP Mentoring Program will be the perfect resource for you. NACD will cover the RDP Mentoring Program’s expenses associated with phone and electronic communications and, when deemed necessary, an on-site member facility visit, with NACD paying for the RDP Mentoring Program’s labor costs, up to 8 hours on site.
NACD has hired Doug Kutz, Chemical Distribution Excellence, an NACD Non-Chemical Handler Affiliate, to lead the RDP Mentoring Program. Kutz is a consultant to the chemical distribution industry on regulatory compliance, costs control measures, and logistics, and has been in the chemical distribution industry for more than 30 years.
Please note that Doug will be answering your questions at next month’s RDP Workshop. For more information on the RDP Mentoring Program, contact Mike Lang, RDP Director, at 703/527-6223, ext. 3045 or mlang@nacd.com.
Back to Top Deadline This Friday for NACD Membership & Performance Data Questionnaire The deadline to submit your completed 2008 NACD Membership & Performance Data Questionnaire is this Friday, April 17. The submission of the questionnaire is mandatory for Regular members.
Please click 2008 survey, which will direct you to the “Membership and Performance Data” portion of the NACD Web site. There you will be able to complete the 2008 survey and submit on-line. Please direct this e-mail to the appropriate person in your office and make sure it is completely filled out and electronically submitted through the NACD Web site no later than Friday, April 17, 2009. Please submit only one completed questionnaire per company. There are only a few changes between these questions and those asked last year.
The information collected through this annual questionnaire is critical to NACD’s efforts to measure the success of RDP. As always, the information collected will be used only in aggregate form and your individual company information will be kept confidential.
Please disregard this message if you already submitted your questionnaire.
Back to Top New Resources at the RDP Workshop! Learn about the new RDP Mentoring Program, and how organizations such as TRANSCAER® (Transportation Community Awareness and Emergency Response) and the Chemical Educational Foundation can provide terrific resources for your organization, as well as assist with RDP compliance. The May 18-19 RDP Workshop in Houston will feature new sessions, as well as the return of the popular mock audit presentation. Presenters include the RDP Committee Chairman, RDPV Administrator, RDP Director, RDP verifiers, and industry experts.
On-line registration is now open. This workshop is a lifesaver if you have a 2009 verification coming up or to help safe-guard your organization! Hurry, special hotel discount for NACD expires soon!
Back to Top RDP Webinar: Document & Data Control Registration will open soon for the May 28 Document and Data Control Webinar, but please contact Mike Lang now at mlang@nacd.com for more information or to reserve your spot!
Back to Top Southern Region Meeting Offers Outstanding Speakers, May 4-7 Time is running out to register for the 2009 NACD Southern Region Meeting on May 4-7. Presentations on the following topics will deliver ideas and strategies to help you maximize energies and profits, including:
• Paying Attention to the “RIGHT Stuff” in Inventory Management
Jason Bader, Managing Partner, The Distribution Team
• Essentials for Strategically Managing Credit – Best Practices You Can Apply Today
Bill Balduino, Dun & Bradstreet
• How to Guard Against Both White Collar and Blue Collar Crimes as a Potential Threat to Your Company
Panel Session
Click here to register on-line. When you book your hotel room, mention reference code GNACMM9 to receive the special NACD room rate of $219 per night, plus tax and gratuities. The Atlantis Resort, Paradise Island, Bahamas, Reservations: 888/877-7525. Airport: Nassau International Airport (NAS).
For further information, call NACD at 703/527-6223 ext. 3040 or visit the Southern Region Web site.
Back to Top OPSEM2009 Exhibitor & Sponsor Prospectus Now Available On-Line The OPSEM2009 Exhibitor & Sponsor Prospectus is now available on-line. Visit the OPSEM Web site to keep up-to-date on programmed events at the 2009 show in Cleveland.
In a tough economy, it’s more important than ever to be in front of your customers. Your competitors will be there, which is why it’s even more important for you to exhibit and establish your presence at OPSEM2009. Enjoy three days of building new relationships with potential customers, enhance relationships with existing customers, and showcase your products and services to key purchasing decision-making executives and operations managers from the chemical distribution industry.
If you have not yet reserved your booth, click here to view the current floor plan and register today! Register before April 30 to receive the Advanced Rate of $1,250 for NACD Affiliates and $1,650 for Non- Affiliates.
Sponsorship opportunities are still available. If you are a member, Affiliate, or supplier and wish to become a sponsor for OPSEM2009, please contact Roselle Foley at 703/527-6223, ext. 3041.
For further information regarding OPSEM2009, please call NACD at 703/ 527-6223 or visit the OPSEM2009 Web site. Back to Top Register to Attend the 2009 Vanguard Award Ceremony Register to attend CEF’s 2009 Vanguard Award ceremony on Tuesday, April 28, 2009 at the Hotel Palomar in Arlington, VA. This year’s award is honoring Arthur McFerrin, Jr., President of KMCO Group of Houston, TX. McFerrin is being honored for his leadership, commitment, and outreach efforts on behalf of the Foundation’s mission of fostering a greater understanding of chemistry, the benefits of chemicals, and the importance of chemical safety awareness. Visit the Vanguard Award section of the CEF Web site for event details and to read about McFerrin’s outstanding community outreach efforts. Back to Top Mark Your Calendar - National YBTC Challenge - June 19, 2009 CEF invites you to attend the 2009 National You Be The Chemist Challenge. The event, June 19 at the National Constitution Center in Philadelphia, PA, will showcase bright young minds from across the country. This year's participants represent Connecticut, Illinois, Kentucky, Louisiana, Michigan, North Carolina, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, Virginia, and Washington, DC.
For more information, visit the CEF Web site or contact the CEF staff at 703/527-6223.
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