Congress Clears Omnibus Appropriations Bill

Congress this week completed work on the massive FY 2008 appropriations bill (H.R. 2764), thus clearing the measure for the President, who said he would sign it into law. 

The legislation maintains $40.216 billion for the federal-aid highway program, as authorized by SAFETEA-LU. 

An additional $1.0 billion for deficient bridges also survived the budget axe as appropriators scrambled to reduce the spending measure to the President's overall funding level.  The omnibus also contains an extension of aviation taxes until February 29, as well as an extension of Airport and Airway Trust Fund expenditure authority until March 1.

Contact David Hubbard or Robert Sullivan.

Climate Change Conferees Agree to Roadmap Timeline

Delegates at the United Nations’ climate talks in Bali brokered a last-minute deal that will set a deadline to establish a post-2012 structure for confronting climate change within two years.

The 13th Conference of the Parties (COP-13) to the United Nations Framework Convention on Climate Change and the Third Meeting of the Parties to the Kyoto Protocol (MOP-3) was scheduled to conclude on December 14, but with talks deadlocked over language related to future emissions reductions targets, negotiations stretched into the early hours of December 15 before a deal was made.

The agreement among the more than 180 participating nations establishes the deadline for reaching a set of rules for the period after the Kyoto Protocol expires in 2012.  The deadline is tied to the COP-15 meetings, to be held in Copenhagen in late 2009.

In addition, the language calling for a range of emissions reductions of 25 percent to 40 percent compared to 1990 levels by 2020 will appear in the draft statement footnote, informally referred to as the Bali Mandate.

Yvo de Boer, the U.N. Executive Secretary and the organization’s top climate official, said that 2008 will be devoted to setting up the building blocks for achieving a post-Kyoto Protocol framework and meeting the 2009 deadline. The main goal will be to use ad hoc working group meetings in the spring and fall to define the post-Bali program and ask for input from multilateral agencies.

Aside from the 2009 deadline for agreeing to a post-2012 framework for confronting climate change, the document to emerge from Bali will cover several secondary issues. Those issues, de Boer said, would be addressed in two stages: first defining the adaptation and mitigation efforts, and then working on technology transfer and the other financial issues.

Contact Andy O'Hare.

Agency Sets Final Rule for New Source Review Program

The U.S. Environmental Protection Agency (EPA) issued a final rule to clarify when facilities must keep records and report emissions when a “reasonable possibility” test shows that projected emissions increases could equal or exceed 50 percent of the Clean Air Act’s New Source Review (NSR) significant levels for any pollutant. This rule does not change permitting requirements.

The “reasonable possibility” standard establishes for sources – and reviewing authorities – the criteria for determining when recordkeeping and reporting are required for a modification that does not trigger major NSR. The standard also specifies the recordkeeping and reporting requirements for such sources.

Congress established the NSR program as part of the 1977 Clean Air Act Amendments and modified the program in the 1990 Amendments. The NSR program assures that state-of-the-art emissions control technology is installed at new plants or at existing plants that are undergoing a major modification.

Several states opposed the rule when it was proposed by EPA, citing, among other reasons, that it was flawed because air permitting authorities weren’t authorized to determine when the 50% threshold was reached. PCA supported the threshold level by noting that use of such measures is consistent with the NSR program.

The rule is expected to appear in the Federal Register today. Click here to download information on the final rule from EPA's web site.

Contact Tyrone P. Wilson.

Congress Passes Tax Patch Without Pay-As-You-Go Rules

The U.S. Congress on Wednesday sent legislation to the President that will block the expansion of the Alternative Minimum Tax (AMT).

This tax year, the AMT "patch" will provide relief from the tax for almost 20 million middle-class American families, an increase from 4 million in 2006. The bill amounts to roughly $40 billion in tax relief, about $2,000 per taxpayer.

In 1969, Congress originally passed the AMT to collect from 155 tax-avoiding millionaires. However, because the scheme was not indexed for inflation, more and more middle- and upper-middle-income taxpayers in the $75,000 to $200,000 income level are being affected by it every year.

The bill was finally passed after it was “ping-ponged” back and forth in Congress because of controversy over how to pay for it.  

Blue Dogs, the self-described coalition of 47 conservative and moderate Democrats, vowed that the legislation would not pass unless a plan was devised, consistent with their policy of pay-as-you-go, or simply PAYGO, budget rules. They originally set their sights on closing a tax loophole concerning offshore tax havens as the method to offset its cost to the Treasury. However, under pressure from GOP and White House demands that the bill not increase taxes or take from other revenue sources, the provision was removed.

President Bush has indicated he will sign the bill.

Contact: Robert Sullivan.

Senate Subcommittee Holds Hearing on Hours of Service

The U.S. Senate Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security held a hearing on Wednesday to discuss the interim final rule (IFR) issued by the Federal Motor Carrier Safety Administration (FMCSA) on December 10.

In July, the United States Circuit Court of Appeals for the District of Columbia, vacated two provisions of the federal driver’s hours of service (HOS) regulations. The court’s opinion struck down the 11-hour daily maximum driving time and the 34-hour restart provisions because their implementation had not been fully subject to notice and comment.  In addition, several elements of the model FMCSA used to arrive at the two limitations were deemed “arbitrary and capricious.”

On December 10, FMCSA issued the IFR which retained the two vacated provisions, until a final rule could be implemented, following a public comment period for 60 days.

John Hill, FMSCA Administrator, and Dave Osiecki, Vice President of Safety, Security and Operations for American Trucking Associations (ATA) testified that the provisions retained in the IFR work and have actually improved safety on the nation’s highways.

Osieki testified that industry crash and fatality rates are at their all time lowest. He gave three recommendations to further increase the safety of the roads: reinstate the nation wide 65 mph limit, require speed governors for trucks to be set at 68 mph, and for the government to provide incentives for increased safety technology on trucks.

 At the hearing, Public Citizen; Parents Against Tired Truckers; and the Teamsters challenged FMCSA, claiming that the FMCSA has not taken into account all scientific data and information regarding truck driver fatigue and truck related crashes.

Chairman Frank Lautenberg (D-N.J.), stated “the proposed rule is a sham.” He went on to further condemn FMCSA and its lack of attention to public safety while drafting the rule. Senator Lautenberg asked the FMCSA, in addition to its publishing the IFR in the Federal Register, to advertise elsewhere to ensure sufficient public comment is heard.  

Shortly after the hearing ended, Public Citizen filed a suit requesting that the circuit court vacate the IFR and direct the FMCSA to issue a new IFR in accordance with the court’s previous ruling.

Contact Robert Sullivan or Kevin Walgenbach.

Plan to Attend the Concrete Congressional Trade Show

NACA and the PCA Regional Promotion Groups will be providing a Congressional Concrete Trade Show on June 3 and 4 in the Cannon Caucus Room on Capitol Hill. 

The purpose of the event  is to educate members of Congress and their staff members on the uses and benefits of the various applications of concrete; its positive environmental impacts; and how it affects on the local economy. 

 The Congressional Cement Caucus is sponsoring this event.  Additional information will be forthcoming, so please mark your calendar and plan to attend this important event.

Contact John Sullivan, David Hubbard or Jessica Hogle.

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