... POLITICAL ADVOCACY

Save the Date: Transportation Construction Coalition Fly-In

The 2007 Transportation Construction Coalition Fly-In will be held May 8-10 at the Marriott Wardman Park Hotel, 2660 Woodley Road, NW, Washington, D.C.

With pressure to tighten federal spending on transportation projects at an all time high, the concrete construction industry must continue to educate Congress on the importance of increased investment for all modes of transportation.

As part of the fly-in, the North American Concrete Alliance will be holding a special session on leading legislative and regulatory issues confronting the industry. At this writing, the date and times for the NACA event were still being planned. Look for additional information in upcoming issues of the Washington Briefing.

Contact Robert Sullivan, David Hubbard, or Jim Kolb

Democrats Take the Helm on Capitol Hill

U.S. House of Representatives Speaker Nancy Pelosi (D-Calif) yesterday took the gavel as the first woman speaker in the history of the House and immediately launched a 100 legislative-hour march to quickly put the Democratic stamp on the new Congress.

Last night, the House approved a broad package of internal rules changes that will prohibit House members or employees from knowingly accepting gifts or travel from a registered lobbyist, foreign agent, or lobbyist's client. Lawmakers can no longer fly on corporate jets. In addition, Congressional travel financed by outside groups will have to be approved in advance by the House ethics committee and immediately disclosed to the public.

Today, the House is expected to vote on other rules changes requiring that new spending or tax cuts are paid for and that earmarks tucked into to larger bills be publicly disclosed.

Over the next two weeks, Democrats in the House also plan to enact new homeland security measures; increase the minimum wage; allow federally funded stem cell research; permit the federal government to negotiate lower prescription-drug prices for Medicare beneficiaries; cut student-loan interest rates; and fund alternative-energy research by rolling back tax breaks for oil companies.

It is expected that the new Democratic Senate, under Majority Leader Harry Reid (D-Nev.), will take a parallel yet somewhat less aggressive track.

Contact Robert Sullivan, David Hubbard, or Jim Kolb

Agency Proposes Rule to Amend Hazardous Air Pollutant Program

The U.S. Environmental Protection Agency (EPA) this week proposed revising an agency policy addressing what are termed "major sources" of hazardous air pollutants. Major sources are classified by emission threshold criteria outlined in the Clean Air Act.

EPA has long interpreted the law to prohibit facilities from being de-classified as a major source if the facility reduces its emissions below the statutory level. The proposed rule would allow facilities to limit emissions through new permit provisions to avoid being classified as major sources, thereby avoiding significant emission testing, monitoring, record-keeping, and reporting requirements.

PCA has long advocated these changes to the hazardous air pollutant program and will draft comments in support of the proposal.

Click here to view the proposal.

Contact Andy O'Hare

Court Remands Ozone Implementation Rule

In its final act before Christmas, the U.S. Court of Appeals for the D.C. Circuit delivered a proverbial lump of coal to the stocking of the U.S. Environmental Protection Agency.

On December 22 the Court remanded portions of the 2004 rule implementing the 1997 national ambient air quality standard (NAAQS) for ozone.

EPA is now under orders to rewrite the portions of the rule addressing moderate non-attainment areas, giving them less time to comply than the rule had envisioned. In addition, the decision vacated a provision of the rule that would relax new source review requirements for non-attainment areas.

As implementation of the 1997 NAAQS staggers forward, EPA is drafting a proposed rule that will establish a new standard for ozone.

Contact Tom Carter

Corps Recommends Closing "Mr. GO"

Closing the controversial Mississippi River-Gulf Outlet (Mr. GO) shipping channel would save money and help the environment, according to the Army Corps of Engineers in a preliminary report released last Friday.

This shortcut between the Mississippi River and the Gulf of Mexico has been seen by some as a major contributor to levee failures in New Orleans and St. Bernard Parish after Hurricane Katrina—a view not shared by the corps.

"The hypothesized link between the channel and [storm] surge has received a great deal of media and public attention," the report says. "[But] studies have reached similar conclusions that the inland reach of the Mr. GO does not contribute significantly to peak storm surge during severe storms because the surrounding wetlands are overwhelmed with water."

Nonetheless, the report says maintaining Mr. GO's dimensions are not cost-effective.

"Based on the current level of analysis, closure of the Mr.GO channel to both shallow and deep-draft navigation by an armored earthen dam ... appears to be particularly viable," the report says.

"Additional measures to provide opportunities for hurricane storm surge protection and ecosystem restoration may complement Mr.GO channel closure, including wetland shoreline protection, freshwater diversion, and dedicated dredging for coastal habitat creation."

Contact John Sullivan.

President Signs Tax Bill with Provision to Expedite Lining of All-American Canal

The tax bill (H.R. 1116) President Bush signed on Dec. 20 contained a provision requiring the lining of the All-American Canal, "notwithstanding any other provision of law."

The Bureau of Reclamation's $251 million project to line the earthen canal with concrete has been held up while the Ninth Circuit Court of Appeals weighs related environmental challenges (Consejo de Desarollo Económico de Mexicali v. Norton, 9th Cir., No. 06-16345, injunction 8/24/06).

The measure was added to the Tax Relief and Health Care Measure of 2006 on Dec. 4, thanks to a push by Sen. Dianne Feinstein (D-Calif.), Sen. Jon Kyl (R-Ariz.), and Senate Majority Leader Harry Reid (D-Nev.), according to a statement by the San Diego County Water Authority.

The county water authority is obligated to line the canal as a conservation measure agreed to in a 2003 regional water agreement.

Contact John Sullivan

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