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August 31, 2010 Volume # 11 Issue # 19
 
 
A bi-weekly source for Association news and regulatory and legislative developments affecting the chemical distribution industry.

NACD News - Table of Contents

Legislative and Regulatory Updates

Responsible Distribution

Networking and Education

Chemical Educational Foundation


 

Regulatory Update – EPA Releases Action Plans for More Chemicals

On August 18, the Environmental Protection Agency (EPA) announced that action plans are being developed for benzidine dyes, hexabromocyclododecane (HBCD), and nonylphenol (NP)/nonyphenol ethoxylates (NPEs), bringing to eight, the number of chemical groups the EPA has targeted for action since announcing on December 30, 2009, its new initiative to develop action plans and identify "chemicals of concern. The range of actions for these chemicals include adding HBCD and NP/NPE to EPA’s new Chemicals of Concern list, issuing significant new use rules for all three chemicals, and, for HBCD and benzidine dyes, imposing new reporting requirements on EPA’s Toxic Release Inventory and potentially banning or limiting the manufacture or use of the chemicals. For more information, click here http://www.epa.gov/oppt/existingchemicals.
 

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Regulatory Update – OSHA Holds Internet Forum to Identify Chemicals for Worker Exposure Reduction

The Occupational Safety and Health Administration (OSHA) is looking for input from stakeholders as they seek to update and set new Permissible Exposure Limits (PELs). PELs are regulatory limits on the amount or concentration of a substance in the air. They have been one of the primary mechanisms by which OSHA sets and enforces standards for "preventing occupational illnesses and injuries. Stakeholders have been invited by OSHA to post their suggestions and input on a customized web forum. To participate, click here http://www.osha.gov/pelforum.html.

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Regulatory Update – U.S Files Suit Against Owners of Danvers Plant, Seeks Penalties for General Duty Clause Violations

The federal government filed a lawsuit Tuesday against the owners of an ink and paint factory on the Danvers River that exploded and burned in 2006. The lawsuit seeks to recoup $2.7 million from operators of C.A.I. Inc., Arnel Co. Inc., and two related owner entities in connection with the U.S. Environmental Protection Agency's (EPA) cleanup of the site after the blast that happened in November 2006. It also seeks penalties for violating the Clean Air Act. Section 112(r)(1) of the Clean Air Act imposes a general duty on owners and operators of facilities that use, handle or store extremely hazardous substances (1) to identify hazards that may result from accidental releases of such substances using appropriate hazard assessment techniques, (2) to design and maintain a safe facility, taking such steps as are necessary to prevent releases, and (3) to minimize the consequences of accidental releases that do occur.

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Regulatory Compliance Resources – DEA to Hold Chemical Industry Conference September 21-22 in Denver

On September 21-22, the Drug Enforcement Administration (DEA) Office of Diversion Control will hold its bi-annual Chemical Industry Conference in Denver, Colorado. This conference serves as a venue to exchange ideas and facilitate discussion among the members of the regulated chemical industry, its associations, and the DEA. Areas of discussion will focus on the interpretation of existing federal regulations, clarification of DEA policy, and development of initiatives to reduce the diversion of List I and II chemicals. Agenda items include regulatory updates, chemical control actions, chemical quotas, import-export issues, and industry best practices. Attendance is on a first come, first served basis and is limited to two representatives per company or organization. Additional individuals from the same company wishing to attend will be placed on a waiting list. The conference is not open to individuals representing registrants such as consultants or outside legal counsel. There is no registration fee to attend this conference, but each attendee must bear all associated costs including travel and lodging. For more information and to register, go to www.deadiversion.usdoj.gov/mtgs/chem_industry/conf_2010/index.html. The conference will take place at the Sheraton Denver Downtown, and the DEA has secured a room rate of $158/night for registrants. To reserve your hotel room, call 303/893-3333.

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Regulatory Update – DOT Issues Proposed Rule on International Harmonization

On August 24, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking in the Federal Register on HM-215K including amendments to the Hazardous Materials Regulations (HMR) to achieve international harmonization. The amendments include changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. According to the NPRM, these revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code (IMDG), the International Civil Aviation Organization's (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations (UN) Recommendations on the Transport of Dangerous Goods--Model Regulations. Among other measures, the NPRM includes changes to the Hazardous Materials Table, amendments for the highway, rail, and vessel transportation of limited quantities, and incorporation by reference of the latest versions of the ICAO and IMDG codes and UN Model Regulations. Comments on the NPRM are due to PHMSA on October 25, 2010. For a copy of the proposal, go to http://edocket.access.gpo.gov/2010/pdf/2010-19952.pdf.

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Regulatory Update – PHMSA Issues Safety Advisory on Personal Electronic Devices

Earlier this month, the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation published a safety advisory in the Federal Register on the risks associated with the use of personal electronic devices (PEDs). The notice references an October, 2009 Federal Motor Carrier Safety Administration report entitled “Driver Distraction in Commercial Vehicle Operations,'' which found that text messaging on a cellular telephone increased the risk of a safety-critical event by 23.2 percent. The advisory states, “Operators of vehicles transporting hazardous materials should guard against distraction, including the use of PEDs while operating a vehicle. In addition, businesses that prepare or transport hazardous materials in commerce should be aware that the dangers of distracted driving are heightened due to the risk of the release of hazardous materials in the event of an accident. Accordingly, hazardous materials companies should institute policies and provide awareness training to discourage the use of PEDs by drivers.” For a copy of the full notice, go to http://edocket.access.gpo.gov/2010/pdf/2010-18944.pdf.

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Regulatory Compliance Resources – DOT to Hold Next HazMat Training Seminar September 21-22 in San Antonio, TX

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration will hold a two-day Hazardous Materials Transportation Training Seminar on September 21-22 at the Omni San Antonio Hotel at the Colonnade. This free workshop will teach members of the hazardous materials transportation industry about use of the Hazardous Materials Regulations and will provide a forum to discuss the latest developments and issues regarding hazardous materials transportation safety and security. It is anticipated that over 300 shippers, carriers, enforcement personnel, and other individuals involved with the transportation of hazardous materials will attend. The seminar will also include hazmat specialists from the Federal Aviation Administration, Federal Motor Carrier Safety Administration, Federal Railroad Administration, United States Coast Guard, and Transportation Security Administration. For more information about the seminar and to register on-line, visit http://www.phmsa.dot.gov/hazmat/training/seminars and scroll down to the bottom of the page.

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Regulatory Compliance Resources – DGAC to Hold Webinar on Shipping Papers

On Wednesday, September 8 from 2-3:30 pm Eastern Time, the Dangerous Goods Advisory Council (DGAC) will hold a Webinar: Shipping Papers for Ground Transportation. This program will identify and explain how to create shipping papers for ground transportation of hazardous materials. The presentation method and content will assume that participants have familiarity with the following concepts and terms: bulk packaging and non-bulk packaging, hazard class/division, packing group and subsidiary hazard, identification number (i.e., UN Number or NA Number), and proper shipping name. If relevant to participants’ shipments, they should also have familiarity with the following concepts and terms: special permits, limited quantities, hazardous substances, marine pollutants, materials poisonous/toxic by inhalation, elevated temperature materials, organic peroxides and self-reactive materials. The Webinar will meet the applicable portions of the U.S. DOT hazardous materials employee training requirements for initial or recurrent training. Testing is included and a certificate will be issued following the session. The cost for the session for non-DGAC members is $85.00. To register, go to http://www.hmac.org/Webinar.html.

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Security Resources – DHS to Host Webinars on Surveillance Detection and Chemical Assessment Tool

On Thursday, September 9, from 2:00-3;30pm Eastern Time, the Department of Homeland Security (DHS) Office of Infrastructure Protection will hold a free Webinar on Surveillance Detection Awareness. Employees working at critical infrastructure facilities, including front-line supervisors such as security managers, facilities managers, human resource managers, compliance managers, and information technology managers, are encouraged to participate. The Webinar will include a message from Assistant Secretary for Infrastructure Protection (ASIP) Todd Keil, discussing the need for increased focus on surveillance and detection awareness, and referencing DHS’ See Something, Say Something campaign. Following the ASIP’s remarks, the moderator will take participants through five scenarios showcasing diverse examples of surveillance and detection. After Webinar is presented live on September 9, it will be archived and available on the Homeland Security Information Network-Chemical Sector (HSIN-CS). To register, go to https://connect.hsin.gov/sdaware1/event/registration.html.

On Tuesday, September 21, DHS will host a free Webinar on the Voluntary Chemical Assessment Tool (VCAT). VCAT is a secure, Web-based application that allows owners and operators to identify their facilities’ current risk level using an all-hazards approach, and facilitates a cost-benefit analysis by allowing them to select the best combination of physical security countermeasures and mitigation strategies to reduce overall risk. During the Webinar, participants will learn how VCAT can help with identification of areas of weakness through an “all-hazards” assessment of facilities; the management of the security for all facilities in a single tool; responses to new issues or management inquiries; and optimization of security spending using cost-to-benefit analysis. To register for this timely Webinar, go to http://event.on24.com/r.htm?e=233163&s=1&k=7831B44610D8E64C2D3A80AD3A6A6391&partnerref=DHS.

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Regulatory Update – ITC Issues Updates on Chinese Potassium Permanganate and Chlorinated Isocyanurates from China and Spain

On August 18, the International Trade Commission (ITC) of the U.S. Department of Commerce published a notice in the Federal Register to announce the scheduling of an expedited review to determine whether revocation of the antidumping duty order on potassium permanganate from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Comments are due on or before September 8, 2010 and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review by September 8, 2010. For a copy of the notice, go to http://edocket.access.gpo.gov/2010/pdf/2010-20355.pdf

Also on August 18, the ITC published a Federal Register notice to announce the scheduling of expedited reviews to determine whether revocation of the antidumping duty orders on chlorinated isocyanurates from China and Spain would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. Comments are due on or before September 8, 2010, and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by September 8, 2010. For a copy of this notice, go to http://edocket.access.gpo.gov/2010/pdf/2010-20349.pdf.
 

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Workshop Presentations Now Available

Fot those that attended the workshop, as well as others who want to see what they missed(!), go to Responsible Distribution Resources and scroll down to the "Presentations" section.

Thank you to those that attended the workshop.  We appreciate the feedback and will have information about the next workshop soon.

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Excellence Award Winner

Brenntag North America, Inc. headquartered in Reading, Pennsylvania is the recipient of NACD’s 2010 Responsible Distribution Excellence Award.

Brenntag North America, Inc., a member of the Association for 25 years, was recognized on August 18 by NACD during the Association’s annual Operations Seminar and Trade Show (OPSEM) in Austin, Texas for demonstrating outstanding performance in its Responsible Distribution program. David Garner, Vice President of Operations for Brenntag North America, Inc. and Shawn Wiram, Director of Safety, Health & Environment for Brenntag North America, Inc. were present to receive the award. 

In announcing the award, Bruce Schechinger, NACD’s Chairman of the Board and President of BHS Marketing LLC said, “NACD is proud to recognize Brenntag North America, Inc. as the 5th recipient of this award. Their commitment to process improvement, their involvement in the local community, and the education of their employees have established them as high achievers. Brenntag North America, Inc. is an outstanding example of Responsible Distribution in action.”

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Responsible Distribution Conference Call

Although open to all members and affiliates, Doug and I will discuss document verification for NACD Candidates and new Chemical Handler Affiliates on September 22 at 1 pm Eastern. Be sure to come with your questions! Please indicate your interest in attending the conference call to mlang@nacd.com so Mike can send you the details.

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We appreciate your feedback on OPSEM

To all those who attended OPSEM - thank you for being an important part of OPSEM2010’s success! This year’s event in Austin proved to be another successful meeting. We hope you benefited from the educational sessions and numerous networking opportunities. For your convenience, the speaker presentations are posted at http://www.nacd.com/events/opsem/events.aspx

Feedback is a key factor in producing successful meetings. Please take a few moments to complete a short survey and help us plan for next year – just click on http://nacd.com/surveys/survey.aspx?survey=37.  Upon completion, your name will be entered in a drawing for a complimentary registration for OPSEM2011. All entries must be received on or before September 6, 2010.


We look forward to seeing you again next year at the Sheraton Grand Hotel and the Sacramento Convention Center, August 24-26, 2011!

 

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Join us at the NACD Western Region Lunch

Join us at the NACD Western Region lunch  on Tuesday,
September 14, 2010, from 11:30 am to 1:30 pm at the Los Angeles Airport Westin Hotel, located at 5400 West Century Boulevard, Los Angeles, California. If you have operations in or near the Los Angeles area and/or are willing to come in for the day, we hope you will consider joining us. 

David McCrary with Euler Hermes will address issues around trade credit insurance. This type of insurance offers your company protection against the consequences of domestic or overseas customer insolvency and non-payment.

We will discuss how it can :

• help you gain business;

• help keep your company safe;

• possibly save a company from disaster;

• help you borrow money.

We will also look at who provides the guaranty for this type of coverage and how it works.

There is no charge for the luncheon. Please RSVP to Sophia Bezas at NACD via email to sbezas@nacd.com.  Free to bring a colleague or a representative from your management team with you. You are also encouraged to bring a guest who is not a NACD distributor member, but you think could benefit from joining NACD. However, we request that you RSVP for all attendees.

See you in September!

 

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Get Ready for the Annual Meeting - Nov. 29 - Dec. 3!

Join us for the 39th Annual Meeting, as we are back at the La Quinta Resort & Club after 8 years! 

Program Schedule - please review our new session format. We are now having 1/2 day sessions beginning on Tuesday-Thursday. Afternoons are free for private meetings with suppliers and distributors. If you are interested in holding private meetings and need meeting space, please contact Roselle Foley at rfoley@nacd.com.

Exhibitors - there are only 11 tables left. First come first served. The floorplan is located at http://nacd.com/events/annual_meeting/expo.aspx.  Confirm your booth today by emailing Roselle Foley at rfoley@nacd.com.

Golfers - Interested in playing during the week during open time? If so, please read the instructions below:

To make a tee time and/or reserve rental clubs:

Call 1-800-PGA-WEST (800-742-9378) and mention that you are with the NACD group to receive the special rates and club rental rate of $50/set. There is a 72 hour cancellation policy.

For any groups interested in outings of 12 or more players, contact Chris Brown, Golf Sales Manager
LA QUINTA RESORT & CLUB® AND PGA WEST® at 760.564.5707 or cbrown@laquintaresort.com directly.

For hotel reservations go to http://www.nacd.com/events/annual_meeting/travel.aspx  

 

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Agenda Now Available for 2010 NACD Northeast Region Annual Meeting

As many of us on the East Coast know, August is a time for the beach! But before you pack up head for the waves (or even if you are just returning), I hope you will take a minute to review our Fall Northeast Region Annual Meeting agenda.

*Anyone registered before September 3 will be entered into a raffle to win a complementary registration.

This year’s program is really exciting. In today’s environment, everyone is examining their business and strategic planning is bountiful. We will hear from Ben Griffin who runs Performance Catalyst on his methods for thinking strategically as well as engaging your management team for maximum success.

The 2010 Northeast Region Meeting will be held at the Seaview Hotel and Resort in Galloway, New Jersey (15 minutes from Atlantic City) on Thursday and Friday, October 7 – 8, with pre-meeting activities including golf on Wednesday, October 6.

Seaview Resort and Spa
401 South New York Road
Galloway, New Jersey 08205
Reservations: 609-652-1800
NACD room rate is $139/night.
Reference NACD when making your reservation.

To view the full agenda click HERE. On-line registration will be available shortly, but in the meantime, you can print this form, REGISTRATION FORM.

Be sure to visit the Northeast Region Web site for updates or call
703/527-6223.

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Save the Date for NACD's 39th Annual Meeting!

Mark your calendars for NACD's 39th Annual Meeting, November 29 – December 3, 2010 at the La Quinta Resort & Club.

Registration will open shortly after Labor Day. In the meantime, click here to view the program.

Call the La Quinta Resort & Club today at 760-564-4111 or click here for online reservations. Reference NACD when making your reservations.

La Quinta Resort & Club
49-499 Eisenhower Drive
La Quinta, California 92253
Tel: 760-564-4111
NACD Room Rate: $190 S/D
Hotel Reservations Deadline: October 29, 2010
 

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CEF to Participate in National Science Conference

CEF Executive Director John Rice will attend the 2010 National Conference for Science & Technology in Out-of-School Time on September 23-24 in Universal City, CA. The conference is designed to create dialogue between national stakeholders involved with science education out-of-school.

Rice will introduce CEF’s You Be The Chemist programs to attendees and work to generate program partnerships. Attendees include youth and out of school program service providers, nonprofit leaders, science institutions and community-based organizations, representatives from K-12, community colleges and higher education, and researchers and policy-makers tracking regional and national trends in innovation, science and workforce development.
 

For more information about the conference visit http://www.scienceafterschoolconference.org/home
 

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