NACD News - Table of Contents
Legislative and Regulatory Updates Responsible Distribution Networking and Education Chemical Educational Foundation Other Items of Interest
Legislative Action Needed – Last Chance to Sign Up for the 2010 Washington Fly-In – April 28-29 The NACD Washington Fly-In will take place in just two weeks on April 28-29. 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. The Fly-In will kick-off at 2pm on the afternoon of Wednesday, April 28 with a “Congress 101”/Issues Briefing Session, and conclude in the late afternoon of April 29. Complete schedule information, the legislative issues to be discussed, and the registration form is available at www.nacd.com/advocacy/washingtonFlyin.aspx.
Because of high interest in this year’s Fly-In, NACD’s original room block at the Westin Hotel is sold out. Additional space has been reserved at Hotel Helix, a nice boutique hotel that is a short walk away from the Westin. For the NACD group rate of $219/night, please make your reservations today by calling 800/368-5689 and mentioning that you are part of the NACD group. If you have any questions or need more information about the Fly-In, please contact NACD Vice President of Government Affairs Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 3047.
You are also invited to attend the Chemical Educational Foundation Vanguard Award Dinner, which will take place on the evening of Tuesday, April 27. You can register for the Vanguard Dinner on the Fly-In registration form.
Back to Top Regulatory Update – DOT Grants Renewal of NACD Member Party Status to HM-13124 Last week, NACD Vice President of Government Affairs Jennifer Gibson received notice from the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) that NACD member party status to DOT SP-13124, which authorizes the transportation of certain ammonia solutions in IBCs has been renewed until March 31, 2014. If your company uses SP-13124 and did not respond to NACD’s February 5, 2010 Regulatory Action Alert by submitting your form with your contact information and your company’s use of the SP and incident history, please do so immediately. Under new DOT operating procedures for processing Special Permit applications, trade associations such as NACD must submit to DOT accurate lists, including the name and street address of each member that requests authority to use SPs. A company’s membership in NACD alone does not provide automatic authorization to use the SP. DOT must have each individual company’s name, street address, and contact information on file. As an alternative to providing your information to NACD, you can directly apply for party status to the SP. To access a copy of SP-13124 and the authorization letter to NACD, go to www.phmsa.dot.gov/hazmat/regs/sp-a/special-permits/search, type 13124 into the Special Permit box, and hit the search key. For more information on DOT’s new procedures on SPs, go to www.phmsa.dot.gov/hazmat/enhancement_program.
If you have questions or if you would like a copy of NACD’s February 5 Regulatory Alert, which explained the situation about the NACD SPs in more detail and provided several important links, please contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 3047.
Back to Top Regulatory Update – NACD Files Comments in Opposition to OSHA MSD Proposal On March 30, NACD filed comments in opposition to the Occupational Safety and Health Administration (OSHA) proposed rule to amend the 300 Log. The proposed rule, which would add a column to the Log requiring employers to detail work-related musculoskeletal disorders (MSD), would place an undue burden on chemical distributors. NACD’s comments specifically mention concerns with an increase in costs of software, employee screening, and staff resources. The comments also express concerns over the difficulty for employers to fully comply with the rule, which does not adequately define how an MSD is to be reported. The comments also raise the concern that it is extremely difficult to determine whether an MSD is work or non-work related. To view NACD’s full comments on OSHA’s proposed rule, go to www.nacd.com/docs/advocacy/2010/pdf/NACDOSHAMSDComments033010.pdf. Back to Top Regulatory Update – EPA Proposes to Add 16 Chemicals to TRI Reporting Requirements The Environmental Protection Agency (EPA) is proposing to add 16 possibly carcinogenic chemicals to the list of nearly 650 chemicals and chemical categories subject to reporting under the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and the Pollution Prevention Act of 1990. The 16 chemicals were classified by the National Toxicology Program's 11th Report on Carcinogens as “reasonably anticipated to be a human carcinogen,” EPA said in a Federal Register notice published April 6 (75 Fed. Reg. 17,333). This proposed rule would impact companies, including chemical distributors, that are required to submit data to EPA’s Annual Toxic Release Inventory (TRI). The 16 possibly carcinogenic chemicals are 1-amino-2,4-dibromoanthraquinone; 2,2-bis(bromomethyl)-1,3-propanediol; furan; glycidol; isoprene; methyleugenol;1,6-dinitropyrene; 1,8-dinitropyrene; 6-nitrochrysene; 4-nitropyrene;o-nitroanisole; nitromethane; phenolphthalein; tetrafluoroethylene, tetranitromethane; and vinyl fluoride. To view the proposed rule, go to http://edocket.access.gpo.gov/2010/pdf/2010-7756.pdf. Comments are due on June 7, 2010. Back to Top Regulatory Update – EPA Considering Tighter PCB Rules The Environmental Protection Agency (EPA) is considering tightening regulations on certain commercial uses of polychlorinated biphenyls (PCBs) if the uses pose an unreasonable risk to human health and the environment. EPA said, in an advance notice of proposed rulemaking (ANPRM) published April 7, that it is investigating “whether some authorized uses of PCBs should be eliminated or phased-out and whether more stringent use and servicing conditions would be appropriate” (75 Fed. Reg. 17,645). EPA said it will specifically reassess its TSCA regulations on the use, distribution in commerce, marking, and storage for reuse of liquid PCBs in electric and nonelectric equipment. The review will also include the use and distribution in commerce of PCBs in porous surfaces; the 50 ppm level for products authorized under current regulations; non-liquid PCBs; and marking of PCB articles in use. The definitions of excluded manufacturing process, quantifiable level/level of detection, and recycled PCBs will also be examined, the agency said. To view the ANPRM, go to http://edocket.access.gpo.gov/2010/pdf/2010-7751.pdf. Back to Top Regulatory Update – FMCSA Publishes CSA2010 Schedule and Makes Performance Data Preview Available On Friday, April 9, the Federal Motor Carrier Safety Administration (FMCSA) published a notice in the Federal Register announcing that the agency will replace its Motor Carrier Safety Status Measurement System (SafeStat) with an improved Carrier Safety Measurement System (CSMS) on November 30, 2010. The CSMS has been developed and tested as part of the agency's Comprehensive Safety Analysis 2010 (CSA 2010) initiative. The CSMS differs from SafeStat in three major areas. First, it is organized by seven specific behavioral areas (BASICs), while SafeStat is organized into four broad Safety Evaluation Areas SEAs. Second, it uses all safety-based inspection violations, while SafeStat uses only out-of-service violations and selected moving violations. Third, it uses risk-based violation weightings while SafeStat does not.
Beginning yesterday and continuing through November 30, 2010, the national launch date for the CSA 2010 safety enforcement program, FMCSA is providing motor carriers with a preview of their performance data at http://csa2010.fmcsa.dot.gov. This preview will allow individual motor carriers to review their safety performance data by the CSA 2010 Behavior Analysis and Safety Improvement Categories (BASICs). During this data preview period, FMSCA encourages motor carriers to closely examine their performance data and immediately address any safety problems. The preview is also an opportunity for motor carriers to update and verify their safety performance data online. For a copy of the Federal Register notice, go to http://edocket.access.gpo.gov/2010/pdf/2010-8183.pdf.
Note: OPSEM2010 in August will feature an in-depth session on CSA2010. Make plans to join us and learn more about how this regulation might impact your operations. Back to Top Regulatory Update – FMSCA Issues Final Rule on Electronic On-Board Recorders for HOS Compliance On Monday, April 5, the Federal Motor Carrier Safety Administration (FMCSA) published a final rule in the Federal Register establishing new performance standards for electronic on-board recorders (EOBRs). The rule requires interstate commercial truck and bus companies with serious patterns of hours-of-service (HOS) violations to install electronic on-board recorders (EOBRs) in all their vehicles. Specifically, carriers found with 10 percent or more HOS violations during a compliance review will be required to install EOBRs in all their vehicles for a minimum of two years. The rule also provides new technical performance standards for EOBRs installed in commercial motor vehicles, including requirements for recording the date, time and location of a driver's duty status. In addition, carriers that voluntarily adopt EOBRs will receive relief from some of FMCSA's requirements to retain HOS supporting documents, such as toll receipts used to check the accuracy of driver logbooks. The rule will take effect on June 4, 2010, but the compliance deadline is extended to June 4, 2012 so EOBR manufacturers will have enough time to meet the rule's performance standards and to manufacture products to meet industry demand. In announcing the EOBR rule, FMCSA Administrator Anne Ferro also said that the agency would initiate a rulemaking later this year that considers an EOBR mandate for a broader population of commercial motor carriers. For a copy of the April 5 final rule, go to http://edocket.access.gpo.gov/2010/pdf/2010-6747.pdf. Back to Top Regulatory Update – PHMSA Seeks Comment on Combustible Liquid Shipment Rules On Monday, April 5, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published an advance notice of proposed rulemaking (ANPRM) in the Federal Register seeking comment on whether regulations on the transportation of combustible liquids should be revised to better align with international standards. In addition to considering whether to harmonize the domestic regulations applicable to the transportation of combustible liquids with international transportation standards, PHMSA is examining ways to revise, clarify, or relax certain regulatory requirements to facilitate the transportation of combustible liquids while maintaining an adequate level of safety. The ANPRM is in response to petitions submitted by industry groups including the Dangerous Goods Advisory Council. In the notice, PHMSA presents several specific questions for comments regarding flashpoints, expanded exceptions to the hazardous materials regulations, use of shipping names and identification numbers, and the use of a unique combustible liquid marking. For a copy of the ANPRM, go to http://edocket.access.gpo.gov/2010/pdf/2010-7544.pdf. Comments are due on July 6, 2010. The NACD Transportation Issues Task Group will convene to develop comments. If you are interested in these issues and would like to participate in this effort, please contact NACD Vice President of Government Affairs Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 3047. Back to Top Regulatory Update – FMCSA Proposes to Prohibit Commercial Drivers from Texting On April 1, the Federal Motor Carrier Safety Administration (FMCSA) published a proposed rule in the Federal Register to prohibit drivers of commercial motor vehicles from texting. This follows an interim ban that FMCSA issued in January in a notice of regulatory guidance. The January action subjected drivers who text while operating their commercial vehicles to civil or criminal penalties of up to $2750. The texting ban follows a “Driver Distraction in Commercial Vehicle Operations” study conducted by FMCSA, which found that the odds of a texting driver being involved in a safety-critical event such as a crash, near crash, or lane departure, is 23.2 times greater than for a non-texting driver. The proposed rule is an expedited rulemaking, and comments are due on May 3, 2010. For a copy of the proposed rule, go to http://edocket.access.gpo.gov/2010/pdf/2010-7367.pdf. Back to Top Regulatory Update – ITC Schedules Final Phase of Chinese Phosphate Salt Antidumping Investigations On April 1, the International Trade Commission (ITC) of the Department of Commerce announced the scheduling of the final phase of antidumping investigations on certain potassium phosphate salts from China. These investigations were requested in a petition filed in September, 2009, by ICL Performance Products, LP and Prayon, Inc. The final phase of these investigations has been scheduled as a result of affirmative preliminary determinations by the Commerce Department that certain benefits, or subsidies are being provided to manufacturers, producers, or exporters in China of certain potassium phosphate salts, and that such products are being sold in the United States at less than fair value. Persons wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, by May 12, which is 21 days prior to the hearing date of June 2, 2010. For more information, go to http://edocket.access.gpo.gov/2010/pdf/2010-7312.pdf. Back to Top Security Resources – FBI to Host Chemical Industry Outreach Day on May 21 The Federal Bureau of Investigation’s (FBI) Weapons of Mass Destruction Countermeasures Unit (WMDCU) is hosting a Chemical Industry Outreach Day in Washington, DC and Quantico, VA on Friday, May 21. This program is a proactive initiative to counter the WMD terrorist threat. By building awareness and increasing dialogue between the FBI and the chemical industry, the FBI will be better prepared to prevent and respond to acts of terrorism. The workshop is an all day event with the morning session focused on FBI initiatives, capabilities, and the chemical threat, followed by a lecture from the FBI Laboratory's Explosives Unit on Improvised Explosive Devices (IEDs). This session will be held at a soon-to-be-announced hotel in Washington, DC. The afternoon session will involve a field trip to the FBI Bomb Range located in Quantico, VA for a live demonstration of various IEDs.
Individuals within NACD member companies who are responsible for security at their facilities, are encouraged to participate. There are no registration fees for attending the workshop, and transportation to and from the explosives range will be provided. Attendees will be responsible for their own transportation to Washington, meals, and lodging. Please contact Jennifer Gibson at jgibson@nacd.com if you would like a copy of the workshop flyer. For further information or to register for the workshop, please contact Sarah Mirza at 202/324-0718 or sarah.mirza@ic.fbi.gov no later than May 7. Space is limited to 50 attendees.
Back to Top New Workshop Session and New Manual! A special panel discussion of Code 4, Handling & Storage, has just been added to the Responsible Distribution Workshop in Louisville on May 17-18.
Our panel of experts will go through Code 4 of the Responsible Distribution Protocol item by item to help address handling and storage issues in that section as well as present best practices. This type of session has never been conducted before!
In addition:
- Get your copy of the new and improved Code Coordinator Manual, an indispensible resource!
- Bring your Responsible Distribution Manual, Standard Operating Procedures, or other documents and be prepared to roll up your sleeves as you work directly with the Responsible Distribution Mentor, Doug Kutz, to prepare for Document Verification. You will return to your organization with a head start on this mandatory phase of Responsible Distribution!
- Will you be having site verification this year? Learn how to navigate the new profile and protocol and take advantage of exciting new resources available to you! You will be impressed with the new online version of Responsible Distribution tools!
Register today at Workshop! Back to Top Demo Available, 4th Cycle Protocol NACD recently conducted a webinar that featured a demonstration on the new Responsible Distribution profile and protocol. Even if you missed the webinar, you can see how to navigate the tools for upcoming site verifications! This session was archived and is now on the NACD website.
Simply go to Archived Webinars, by scrolling down the page. Allow about 5 minutes to download the presentation. The length of the actual presentation is slightly less than 30 minutes.
Back to Top Learn about the Magic of Disney’s Success at the Southern Region Annual, July 12-15 Attendees at the Southern Region Annual Meeting will enjoy three ½ day training sessions from the world renowned Disney Institute. The focus will be on Leadership and People management and “How do they Do It... and How can we do it Too?"
Attendees will learn how to:
• Adapt proven Disney business strategies and practices to improve your organization
• Develop a leadership vision that inspires dedication and commitment among employees
• Apply key elements of the Disney people management strategy to strengthen your culture
• Foster a collaborative environment that draws on the creative resources of your entire organization
• Incorporate time-tested principles for building and fortifying brand loyalty
The July Annual Meeting will be at Disney’s Boardwalk Inn on July 12-15, 2010. Room rate is $159.00, with free transportation to and from the Orlando airport (a $55/value each direction), free luggage handling and delivery, free parking, and free Internet service.
Our online registration is up and running with Disney. Call (407) 934-3372 and reference group # NACD-G0552209. Registration is available online.
Back to Top How to Be Successful with Email Marketing Webinar Is your email newsletter a success? The big challenge in producing a successful email newsletter is generating content that will motivate prospects and customers to open, read, and respond. E-newsletters that simply provide a recap of your latest products and news may be of great interest to you, but they are of little interest to your readers.
This webinar will show you how to make your e-newsletter a 'must read' and a valuable nurturing tool for you business. You will learn proven tips to:
- Define an effective email marketing strategy
- Build your list and gain permission
- Create content your customers will love
- Measure the success of your email marketing efforts
- And more!
For further information and to register, click here.
Back to Top OPSEM2010 Exhibitor Prospectus Now Online! The OPSEM2010 exhibitor prospectus is now available online. To view the prospectus, click here.
For further information, visit the OPSEM website or call 703/527-6223.
Back to Top CEF Information to be Presented at ChemStewards Regional Meeting CEF Executive Director John Rice will make a presentation to the ChemStewards Northeast Region of the Society of Chemical Manufacturers & Affiliates (SOCMA) on Tuesday, April 13 in Warrington, PA. The meeting will focus on Environmental, Health, Safety and Security (EHS&S) and provide member companies with the latest information on ChemStewards and regulatory updates. Rice will discuss CEF programs, implementation, and the benefits of getting communities involved. Back to Top CEF President and NACD’s Western Region Members Look to the Future CEF President Laura Dornbusch will make a presentation to NACD’s Western Region Members on April 16 in Kona, HI. Dornbusch will discuss how NACD members can use CEF programs to build a better future for their company, their community, and the country as a whole. This will include a brief case study of Dornbusch's company, Expo Chemical Co., Inc., of Houston, TX, and how they have managed to grow CEF's You Be The Chemist Challenge in Texas since the program's inception in 2005.
Back to Top CEF Welcomes New Board Member CEF would like to welcome David Vergo, Director of Distribution Strategy for The Dow Chemical Company in Glen Ellyn, IL, as the newest member of our Board of Trustees. As a member of the board, Vergo will help manage CEF affairs, including program directives, fundraising, and new development. Back to Top Chicago Businessman to be Honored with CEF's Vanguard Award This year the Vanguard Award will honor Norman R. Bobins, Chairman of Norman Bobins Consulting, LLC, located in Chicago, IL, for his support of the Foundation’s initiatives and his dedication to improving science education for our youth. Congressman Mark Kirk of Illinois’ 10th District will be this year’s guest speaker at the Vanguard Award Dinner & Ceremony.
The Vanguard Dinner & Award Ceremony will be held on April 27, 2010 at the Westin City Center in Washington, DC. Held in conjunction with NACD’s Washington Fly-In, this event provides the perfect opportunity to support outreach initiatives in the chemical industry and network with industry colleagues. Register to attend this year’s dinner and honor an outstanding community leader for his efforts to enhance science education.
For more information about this year’s ceremony, please visit http://www.chemed.org/industry_awards/vanguard.aspx.
Back to Top 2010 Membership Directory Coming to a Mailbox Near You Copies of the 2010 NACD Membership Directory will be mailed to all members and Affiliates next week. This year’s version will include both a hard copy and a version on CD. The electronic version will allow you to search for names and information. You may also load the directory onto your Internal Staff Intranet, but please do not put the electronic copy on your public facing Web Site. We hope this new and improved version of the Directory will be a useful resource for you.
Questions? Call Sophia Bezas at 703/527-6223 x3040. Back to Top Attn: Accounts Payable Departments, Change of NACD Addresses for Payments Please note that all lock boxes for NACD and CEF have been closed.
For the time being, please send all invoice payments, registration forms, and checks to NACD and CEF at 1555 Wilson Blvd., Suite 700, Arlington, VA 22209. We will have new lock boxes in place in the near future.
Thanks for your help! Back to Top CNN Continues Series on "Toxic Towns" - new video posted 4/12/10 On April 12th, CNN posted another video anchored by Dr. Sanjay Gupta entitled, "Taking in More Chemicals Than You Know". This video continues a series called 'Toxic Towns' which has featured the town of Morrisville, LA.
To view the new video, click here:
Gupta plans an in-depth look at environmental pollution in a documentary, Toxic Towns USA, to debut at 8 p.m. Saturday, April 24, two days after Earth Day. According to CNN, "The documentary focuses on the struggles of a Louisiana town surrounded by chemical plants and examines what many believe are outdated laws that make new chemicals ‘innocent until proven guilty.’”
We encourage you to talk to your employees and your community about your safe operating practices through Responsible Distribution in advance of this episode airing on national TV. NACD members have a good story to tell about our safety record and our continued efforts to protect the environment in which we work. Back to Top Earth Day 2010 is on Thursday, April 22 - Resources and Tools The 40th Anniversary of Earth Day is next week, Thursday, April 22nd. If you are looking for tools to help you with community outreach or activities on that day or over the following weekend, there are several resources you can look to.....
- CEF has a bulletin entitled, "Earth Day" Presented by the contributors of the Chemical Educational Foundation, furthering a shared goal of promoting chemical safety and protecting the environment. This two page document is an Informational Bulletin on Earth Day and How You Can Participate in Your Community. Click here to download a copy.
- The American Chemical Society has many resources available on its Website, built around the theme “Air—The Sky’s the Limit,” and a “Chemists Celebrate Earth Day” portal with a spiffy logo, contests for high school/college kids, an event locator, and contests.
Take full advantage of this day to educate your employees and your local communities on how you run a safe and environmentally friendly operation. For more information, contact Lucinda Schofer or Matt Glaser at 703/527-6223 . Back to Top |
