EPA BEING SUED OVER REGIONAL HAZE!

The Center for Energy and Economic Development (CEED) is suing the Environmental Protection Agency (EPA) seeking to nullify the recently finalized regional haze rule (CEED v. EPA, DC Cir. 99-1359). This comes after a series of industry letters urging EPA to withdraw the rule in light of a court decision stopping EPA’s particulate matter and ozone standard. Published in the Federal Register July 1, the regional haze rule claims it will protect the visibility in Class I areas that are categorized as a 150-mile circumference around national parks. The rule would force states to enact punitive restriction on emissions to return visibility in national parks to a specific “deciview” level.  

EPA’s Particulate Matter Monitors Faulty: A General Accounting Office (GAO) study released August 30, cites a multitude of mechanical problems with EPA’s particulate matter monitors.  Some of the worst problems include monitors freezing,  fans drawing in dust giving inaccurate readings, and nearly one-third of the monitors have problems resulting in lost data. GAO suggests that EPA rigorously test future monitors before they are allowed in the field This vindicates AGC’s position that EPA did not base this rule on sound science nor was EPA able to establish a standard measure states’ particulate matter.

Tell Congress To Support Death Tax Elimination: President Clinton will veto the $792 billion tax cut bill passed by Congress in August.   After the veto, Congress will work to produce a smaller tax cut bill when they return to Washington next week.  It is critical that Congress hear that the construction industry wants death tax elimination in this smaller tax bill!  Under pressure to scale back the tax cut, Congress will be tempted to simply increase the death tax exemption amount.  This is a much less expensive way to provide death tax “relief” to family-owned businesses.  Call or write your Congressmen and Senators and let them know that the construction industry wants death tax elimination.  More information along with sample letters you can use can be found at http://208.223.210.210/legislative_info/action_items/Tax_Relief.asp in the What’s New section.

Health Care Debate To Begin In The House: The House of Representatives is poised to consider managed care legislation in September.  Of greatest concern to AGC is that one bill likely to be debated by the House (sponsored by republican Charles Norwood of Georgia and democrat John Dingell of Michigan) would allow employees to sue health care plans over delayed or denied benefits.  In some cases, even employers could be held accountable for the health plan’s decision if the employer is involved in any way in the decision making process.  Either way, such a provision will increase the already high premiums paid by AGC members.   AGC will oppose any managed care legislation containing mandates that will drive up the cost of health care premiums paid by employers.

AGC Sends Death Tax Elimination Toy Kit to White House: This week AGC hand-delivered a Death Tax Elimination Toy Kit to the White House with a cover letter from AGC President Terry Deeny to President Clinton.  The kit contains plastic models of construction equipment designed to educate the President about the capital intensity of the construction industry.  As Terry Deeny noted in his letter, “A heavy investment in equipment makes family-owned construction companies especially vulnerable to the death tax.”  Similar toy kits were delivered in July to nearly 200 members of Congress and the press.  While the President will veto the $792 billion tax cut bill passed by Congress in August (see related story), AGC is urging the President to support the next tax bill that we hope will also fully eliminate the death tax.

OSHA Chief Says Rules Will Be Delayed: Last week, Occupational Safety and Health Administration Secretary Charles N. Jeffress said that all three of his agency’s top regulatory initiatives could be delayed.  He had hoped to publish the ergonomics, safety and health program and record keeping rules by the end of 1999.  Now Jeffress thinks that the recordkeeping rule will likely not go into effect by Jan. 1, 2000, as originally planned.

Of the three, the agency's ergonomics standard is closest to being published and is now under review by the White House Office of Management and Budget.  Work on another controversial rule, OSHA's safety and health program regulation, is still under way, although the ergonomics standard could push back its publication as a proposal this year, Jeffress said. That rule would require employers to create comprehensive safety and health programs for their worksites.   Last month the House of Representatives send a message to OSHA by passing an Ergonomics prohibition with the loud support of contractors and the business community.  This and other negative feedback from small business has slowed OSHA’s effort to impose new regulations.