Thanks to a multi-year effort, led by NACD and the OSRA coalition, to put pressure on Congress to address ocean shipping issues, OSRA was signed into law on June 16, 2022. This is the first major legislative update to shipping laws since 1998. The final version of OSRA included an NACD-led provision to address systemic discrimination by ocean carriers of hazardous material shipments.
1December 8, 2021 – House passes OSRA21 (364-60)
2January 11, 2022 – Federal Maritime Commission (FMC) held its second meeting of the maritime data initiative, led by commissioner Carl Bentzel. Speakers included representatives from NACD member companies Palmer Logistics, People Services, Inc., and Linden Warehouse & Distribution Co.
3February 10, 2022 – NACD staff and members of the Shipping Task Force met with FMC Chairman Daniel Maffei. The group voiced their various shipping concerns to the Chairman.
4February 17, 2022 – NACD staff and members of the Shipping Task Force met with FMC Commissioner Carl Bentzel to discuss different challenges at the ports and ways the FMC can address them.
5March 24, 2022 – NACD led a letter with a total of 12 organizations representing the chemical industry to the FMC calling for an investigation into unreasonable refusals by ocean carriers to transport hazardous material shipments.
6March 31, 2022 – OSRA22, with NACD-led hazardous materials provisions, passes unanimously in Senate.
7April 6, 2022 – NACD staff and members of the Shipping Task Force met with FMC commissioner Lou Sola. NACD members discussed shipping issues they are experiencing, noting the difficulties in shipping hazardous materials and reaching contract agreements with ocean carriers.
8May 19, 2022 – NACD staff and members of the Shipping Task Force met with FMC commissioner Max Vekich. The group introduced their businesses and outlined various issues they have experienced in ocean shipping.
9June 13, 2022 – House passes OSRA22 (Senate version of OSRA with NACD-led hazardous materials provisions) by a vote of 369-42.
10June 16, 2022 – President Biden signs OSRA22 into law (P.L. No. 117-146).
*As of August 16, 2022
Hill Meetings on Shipping Crisis Issue and OSRA
Grassroots Action Alerts Sent to Members of Congress
Legislator Meetings Led to Cosponsoring OSRA
Companies & Trade Associations Signed on to OSRA Coalition Letters of Support
Multiple NACD Member Site Visits Led to Cosponsoring OSRA
NACD-initiated Bipartisan Dear Colleague Letter Led by Reps. Moolenaar (R-MI) and Bishop (D-GA)
*As of August 16, 2022
On July 1, 2022, the Superfund Tax on chemicals was reinstated. NACD recognized immediately that its members would need help navigating these complex new tax rules.
NACD entered into an agreement with tax attorney Douglas Charnas of McGlinchey Stafford PLLC to assist with the navigation of the tax and open dialogue with the Internal Revenue Service (IRS).
NACD worked with Congressman John Moolenaar (R-MI) who sent a letter to the IRS requesting a delay in enforcement.
NACD circulated a letter requesting more guidance from Treasury and IRS, which was sent from multiple House and Senate offices.
Webinars were held in January, June, and November of 2022 to offer high-level preparation for tax implementation.
A template letter was drafted for members to submit their own letter to the IRS requesting guidance.
NACD submitted comments in response to a proposed rule under TSCA to prohibit the manufacturing, import, and distribution of chrysotile asbestos. NACD encouraged EPA to reconsider the legal and scientific bases for its proposal to phase out the use of asbestos containing diaphragms in the chlor-alkali industry.
NACD also submitted comments in response to four of the five draft revised risk determinations on n-Methylpyrrolidone (NMP), Methylene Chloride, Perchloroethylene (PCE), and Trichloroethylene (TCE), citing concerns with the “whole chemical approach” and the agency’s removal of the assumption that all employees wear proper personal protective equipment.
The Surface Transportation Board (STB) held a hearing on rail service. NACD testified with member company Hawkins Inc. and submitted written comments, citing instances where shipments were often delayed and delivered inconsistently. NACD also submitted comments in support of the STB’s proposed rule to amend its emergency service regulations to expedite relief.
NACD also supported the introduction of the Freight Rail Shipping Fair Market Act in the House of Representatives by the Chairman of the House Transportation and Infrastructure Committee DeFazio (D-OR) along with Reps. Payne (D-NJ), Scott (D-GA), and Costa (D-CA).
NACD submitted comments in response to the EPA’s proposed rule to establish a rule under the Clean Water Act (CWA) that would require facilities to submit facility response plans if they meet requirements related to distance to navigable waters, capacity to house CWA hazardous substances, and one substantial harm criteria. NACD voiced concerns with high costs of compliance, ambiguity throughout the rule, and the lack of data showing a need for the regulation. NACD also led a coalition of 11 industry groups concerned about the proposal and drafted and submitted comments on behalf of the group.
NACD also closely monitored the development of EPA’s proposed rule to revise the Risk Management Program (RMP) Rule under the Clean Air Act. NACD participated in a meeting with the Office of Management and Budget (OMB) led by the U.S. Chamber of Commerce where members of impacted industries voiced concerns with a more overreaching RMP rule.
NACD continued its efforts to spur the renewal of the Generalized System of Preferences (GSP) and the Miscellaneous Tariff Bill (MTB) trade programs that expired on December 31, 2020. During the 2022 Washington Fly-In, NACD members urged lawmakers to provide short-term, clean renewals of GSP and MTB to allow Congress to negotiate more long-term solutions without harming importers who rely on the trade programs.
NACD also submitted comments to the Department of Homeland Security requesting guidance to comply with the Uyghur Forced Labor Prevention Act and published a summary of the bill to assist NACD members. NACD submitted comments to the International Trade Commission (ITC) August 24 in response to the agency’s request for input as it conducts its four-year statutorily mandated review of the China Section 301 tariffs and its economic impact on U.S. industries.
Met with Congress over 400* times in 2022
Met with 208* regulators in 2022
Over 30* Members of Congress visited NACD members or NACD staff (in-person or virtually)
*As of August 16, 2022
NACD held its Washington Fly-In event that gave attendees the opportunity to meet with their Members of Congress in-person and virtually and talk to them directly. This reunited our membership with those on Capitol Hill, allowing them to personally meet their representatives.
More than 100 meetings with Congressional Offices
More than one-third of the meetings with Attendees’ Member of Congress
More than 50 attendees
Amount raised in 2022: $81,100
Number of PAC contributors in 2022: 39
Amount raised in 2021-2022 cycle: $160,800
Disbursements to lawmakers and candidates in 2022: $97,500
PAC events attended: 30+
*As of October 19, 2022
From February-November 2022, Eric Byer and NACD bylined articles in CleanLink, Paint & Coatings, Real Clear Policy, and Supply Chain Dive.
From January-August 2022, NACD earned comments and quotes in several publications including The New York Times, The Wall Street Journal, CleanLink, Transport Topics, ICIS, and ChemWeek.
From October 2021–August 2022, NACD conducted two member surveys mapping the increasing negative impact of the shipping crisis on the industry, which was then used to raise awareness and red flags with key governmental entities.
From February - September 2022, NACD distributed nine press releases with topics covering Congress’ passage of the Ocean Shipping Reform Act, regulatory actions by the Federal Maritime Commission and Surface Transportation Board, a call to action by President Joe Biden, and the Superfund tax.
From February-September 2022, NACD published various blogs to help members and the public better understand supply chain issues and the Superfund tax.
293 site verifications have been conducted
235 companies passed verification
Four verification models implemented to accommodate issues related to COVID-19: Traditional On-site, Virtual, Full Documentation, and Admin Documentation
Two Responsible Distribution Adviser companies support implementation needs
54 virtual workshop attendees in March
140 workshop attendees in August
20 Responsible Distribution course offerings on NACD U
Nine Responsible Distribution webinars
Two Candidacy Class training sessions with 10 different companies
*As of October 21, 2022
NACD’s third-party verified EHS&S program is committed to continuous improvement. A new era of Responsible Distribution is launching in 2023 with a heightened focus on sustainability and a dynamic program that is more in line with other industry management systems.
Details the Code and specification level changes as well as provides enhanced guidance and examples for conformance for all Responsible Distribution requirements.
This free resource provides a detailed table comparison between Responsible Distribution 2023 and other industry management systems, ISO 9001, ISO 14001, ISO 45001, ACC Responsible Care ® (RCMS), and RC 14001.
The comprehensive guide to program requirements, understanding the verification process, resources, online tools, dashboard navigation, frequently asked questions, and more.
This free resource walks companies through each of the specifications to assess preparedness for verification. This can also be used as an internal auditing tool.
This paid resource, downloaded as a .zip file, has been greatly enhanced for Responsible Distribution 2023 and now contains 78 example documents (policies, procedures, forms, checklists) to help companies develop or improve their program documentation. To further assist companies with the Responsible Distribution 2023 changes, this enhanced Starter Kit also includes 19 examples for the new Code VI: Sustainability.
Managing Solid Waste
Managing Hazardous Waste
EPCRA Emergency Planning and Release Reporting Requirements
EPCRA Hazardous Chemical Inventory Reporting Requirements
EPCRA Toxic Release Inventory Reporting Requirements
Fire Protection - Basics (Part I & II)
Fire Protection - Processing
Fire Protection - Storage
Conducted as a special online training in May 2022, this training session helped members to better understand the U.S. Environmental Protection Agency’s (EPA) annual Toxics Release Inventory Reporting (TRI) requirements.
The course resources include a step-by-step guide on TRI reporting, lists, forms, and calculation tools.
Available in NACD U Course Catalog
New Responsible Distribution NACD U courses are under development to reflect the changes associated with Responsible Distribution 2023. All companies will be required to complete the following five new courses prior to their next verification. All these new courses will be released by the end of 2022.
The newly improved Online Membership Directory will help members and Affiliates connect more directly. This online version includes advanced search functionality to help better match companies to a user’s needs. New search functionality includes:
Distributor/Supplier Product Information
Affiliate Product Information
At the beginning of 2022, we also launched a downloadable
NACD Membership Directory.
Distinct Topics Covered
Mobile App Users
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“The Emerging Leaders Program has been a huge stepping stone for me. I wanted to be a sponge and use this chance to try and learn as much about the industry and NACD as I possibly could. NACD does a really good job of bringing different people together–from the sales side, operations, or from regulatory compliance. The program broadened my perspective and understanding of the different facets of the business.”
CEO and Owner
Axon Underwriting Services, LLC
Vice President, Regulatory Affairs
Superior Industrial Solutions, Inc.
President and CEO
President and CEO
President and CEO
Columbus Chemical Industries, Inc.
Senior Director of Quality & Operations
Connection Chemical LP
Brenntag North America, Inc.
First Hyperion LLC
Quadra Chemicals Inc.
President, R. E. Carroll, Inc.
President & CEO, Transchemical Inc.
Whitaker Oil Company
President, Norman, Fox & Co.