Senate Majority Leader Sets Procedural Vote on Aviation Bill

Following months of discussions, Senate Majority Leader Harry Reid (D-Nev.) announced yesterday that he plans to bring the legislation reauthorizing aviation programs for a procedural vote to the floor on Monday. 

The vote will be held to limit debate on a motion to proceed to the legislation.  If approved, debate time and amendments offered to the legislation will be restricted. 

The legislation has been stalled for months because of competing financing proposals from the Senate Commerce Committee and Senate Finance Committee.  Key senators are reportedly close to reaching a compromise addressing how to fund a satellite-based air traffic control system.

The House and Senate bills (respectively, H.R. 2881 and S. 300) contain provisions reauthorizing the airfield pavement research program.

The House passed its aviation reauthorization bill on September 20, 2007.

Contact David Hubbard or Gary Mitchell.

Senate Committee Holds Climate Hearing

The Senate Finance Committee held a hearing yesterday to examine the tax aspects of a cap-and-trade system in preparation for floor debate for the Warner-Lieberman Safe Climate Act of 2007 (S. 2191) scheduled for June 2, 2008. 

In his opening statement, Committee Chairman Max Baucus (D-Mont.) cited a recent study conducted by the U.S. Environmental Protection Agency, which found under S. 2191 the economy would grow by 80% from 2010-2030, just 1% less in growth without such a measure.

In addition, a study by the Congressional Budget Office (CBO) estimates a $1.21 trillion increase in Federal government revenue. 

The purpose of the hearing then was to discuss how the tax code should apply to allowances, and how to use the tax code and revenue generated from the auction of these allowances to mitigate costs of energy prices for consumers. 

CBO Director and witness Peter Orszag argued allowances should be sold, not given, to decrease costs to the economy and prevent windfall profits for energy and energy intensive manufacturers.  Instead, he suggested the use of flexible timing measures and the inclusion of a safety valve to reduce economic impacts. 

In addition to not giving away allowances, witness Robert Greenstein, executive director for the Center on Budget and Policy Priorities, suggested using options such as expanding the earned income tax credit, “client rebates” for low income families to offset increased energy costs, as well as establishing a “climate change tax credit” for middle income taxpayers. 

He further argued that the existing energy tax initiatives and future claims for additional tax subsidies to encourage activities related to new energy technologies, alternative fuels, and efficiency measures are not warranted and will not mitigate the costs to consumers.   

Contact Jessica Hogle.

Particulate Matter Limits Proposed for Coal,
Nonmetallic Mineral Processors

The U.S. Environmental Protection Agency (EPA) last week released separate proposed rules that would cut particulate matter emissions for new or modified coal preparation plants and nonmetallic mineral processing plants.

The proposals, which would revise new source performance standards at 40 C.F.R. Part 60, would affect 322 new nonmetallic minerals plants and 22 coal-processing facilities nationwide during the next five years, EPA said.

The new standards would set particulate matter emissions from new or refurbished nonmetallic minerals processing operations at 0.022 grain per dry standard cubic foot (gr/dscf) per day, down from 0.014 gr/dscf.

Comments on the proposed coal-processing standards (EPA-HQ-OAR-2008-0260) and the proposed standards for nonmetallic mineral processing plants (EPA-HQ-OAR-2007-1018) are due 60 days after publication in the Federal Register, EPA said.

Contact Tyrone P. Wilson.

EPA Rescinds Emission Reduction Requirements for Georgia

Georgia will not have to reduce nitrogen oxide emissions (NOx) after the U.S. Environmental Protection Agency (EPA) rescinded the requirement. The agency determined the state is not contributing to downwind ozone pollution in other states.

In a final rule published in the April 22 Federal Register, EPA is excusing Georgia from the NOx State Implementation Plan call requirements—first issued in 1998 and then, revised in 2004—to help control migrating air pollution in 22 eastern states.

The agency is rescinding the requirements after determining the northern part of Georgia is not a major contributor to non-attainment of the one-hour ozone standard in the downwind cities of Birmingham, Ala., and Memphis, Tenn.

Nitrogen oxides are a contributor to ground level ozone development.

The Georgia Coalition for Sound Environmental Policy, an industry group representing paper and electric utility companies, challenged the EPA requirements in an administrative petition.

Contact Tyrone P. Wilson.

Agency to Amend Standards for Nonmetallic
Mineral Processing Plants

A proposed rule of the U.S. Environmental Protection Agency (EPA) would amend regulations under 40 CFR 60, Subpart OOO, to revise the New Source Performance Standards (NSPS) for nonmetallic mineral processing plants.

The proposal would revise the emission limits for affected facilities that begin construction, modification, or reconstruction (''future'' affected facilities) after April 22 of this year.

The proposal also would add testing and monitoring requirements for future affected facilities; exempt affected facilities that process wet material; simplify the notification requirements for all affected facilities; revise definitions; and clarify language.

In addition, the proposal would revise the NSPS for calciners and dryers in mineral industries under 40 CFR 60, Subpart UUU, to address applicability of the proposal to thermal sand reclamation processes at metal foundries.

If requested by Wednesday (May 2), a hearing will be held May 7, at an undetermined location. Comments are due June 23, unless a hearing is requested, in which case comments would be due June 6.

Contact Tyrone P. Wilson.

Senate Fails to Invoke Cloture on Lilly Ledbetter Act

The Senate on Wednesday failed to reach the 60 vote threshold (56-42) needed to invoke cloture on the Lilly Ledbetter Fair Pay Act of 2007 (H.R. 2831). 

The bill would amend Title VII of the Civil Rights Act of 1964, as well as several other anti-discrimination laws to effectively to abolish the statute of limitations in many discrimination cases.

H.R. 2831 was introduced in response to the Supreme Court’s recent decision in Ledbetter v. Goodyear Tire & Rubber Co., which rejected the “paycheck theory” of compensation discrimination that would permit claims to be filed many years after an alleged act of discrimination occurs.

Applying the paycheck rule broadly, it would be possible that claims could be filed decades after an allegedly discriminatory act occurred.
 
Senate Democratic leaders have expressed their intention to hold another cloture vote on the bill at a later date.

Contact Robert Sullivan.

Short-term exposure to low levels of ambient ozone can exacerbate lung conditions and have devastating effects on human health, according to a National Research Council study released Tuesday.

The study, Estimating Mortality Risk Reduction and Economic Benefits from Controlling Ozone Air Pollution, was commissioned by the U.S. Environmental Protection Agency (EPA).   The study recommends EPA include ozone-related mortality as part of health-benefit analyses while drafting future air quality standards.  It also recommends conducting further testing to quantify the problem.

According to the study, exposure to ambient ozone concentrations between 0.08 and 0.10 parts per million (ppm) can cause lung inflammation among those with pre-existing cardiopulmonary conditions within one day of exposure. The report recommends further study of lower level exposures. While the report suggests a direct relationship between ozone exposure and increase mortality, the threshold at which ozone can have an impact on health has not been determined.

EPA set the new primary ozone standard at .075 ppm on March 12, down from .08 parts per million previously. However, the reduction was well below the .06 to .07 ppm standard the Clean Air Scientific Advisory Committee would liked to have seen.

Contact Tyrone P. Wilson.

The first document is titled ''Risk and Exposure Assessment to Support the Review of the NO2 Primary National Ambient Air Quality Standard: First Draft." The second is ''Risk and Exposure Assessment to Support the Review of the NO2 Primary National Ambient Air Quality Standard: Draft Technical Support Document (TSD).''

Comments now are due May 30.

Contact Tyrone P. Wilson.

Senator Olympia Snowe (R-Maine) on Monday introduced the Diesel Tax Parity Act of 2008 (S. 2896).

The measure would amend the Internal Revenue Code to temporarily lower the Federal tax on diesel fuel from 24.3 cents per gallon to 18.3 cents per gallon, bringing it in line with the Federal tax on gasoline.

Senator Snowe’s bill would mainly provide economic relief to the trucking industry, which has been adversely affected by record diesel fuel prices.

The proposal, if passed, would lower the diesel excise fuel tax until December 31 of this year.

Contact Robert Sullivan.

Questions about this newsletter? For more information or to unsubscribe, send an e-mail to info@cement.org