EPA Reinstating One-Hour Ozone Standard While Continuing Court Battle

On October 25, EPA proposed to reinstate the one-hour ozone standard, while appealing the the decision in the American Trucking Associations v. EPA which struck down the more stringent eight-hour standard. The DC Circuit ruled in May that EPA could not enforce a new eight-hour ozone standard. EPA is appealing ATA v. EPA to the entire DC Circuit. If the circuit does not agree to take the case, EPA will have to petition the Supreme Court. Because this appeals process could take years, EPA reinstated the one-hour standard. The states that will be required to develop maintenance and conformity plans to comply with the one-hour standard include: Georgia, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Missouri, New Hampshire, New Mexico, Ohio, Pennsylvania, Rhode Island, Tennessee and Wisconsin. 

Stormwater Phase II Regulations Expected Early November: EPA expects Administrator Browner to sign the Stormwater Phase II regulations Friday Oct 29, leading to publication in the Federal Register first week of November. Once published, the regulated community will have  thirty to sixty days to implement the new rules. For construction, the new rules will require permits for sites more than one acre. This is a change from the current standard of permits for sites 5 acres or larger. EPA is offering a free pilot training course covering Phase I and II in Virginia Beach, Virginia December 7-8, 1999. Other  training courses will be offered regionally next year (dates and locations have not been determined). Registration forms can be obtained through AGC or at the EPA website (www.epa.gov/owm/sw/phase2). Best management practice information can be obtained on the EPA stormwater home page  (www.epa.gov/owm/sw/phase2) or by contacting AGC.

Congress passes a 1% across the board cut to all appropriations bills:  In an effort to finish the fiscal year 2000 appropriations bills, Congress approved the final two bills, and included a 1% across-the-board cut of all discretionary spending.  The cut is intended to allow the Republican-led Congress to pass all 13 annual appropriations bills without dipping into the Social Security Trust Fund.  Rep. Bud Shuster, Chairman of the House Transportation and Infrastructure Committee, objected to the cutting of highway and transit funding because the funding had been “firewalled” in TEA-21.  Shuster reached an agreement with the House leadership, however, that permitted a 1% cut of the funding, but required that the funding be restored when the gas tax revenues are recalculated next year.  It is expected that President Clinton will veto the recently approved bills and the 1% cut and those two bills will become part of a final package.  Thus far, 8 bills have been signed into law.  Following the veto, the Congressional leadership and President Clinton will work to reconcile their differences over the remaining five bills and how to pay for them without touching social security. 

Minimum Wage legislation to include Death tax relief and other AGC priorities: H.R. 3081, the Wage and Employment Growth Act of 1999, increases the minimum wage by 33 cents annually for three years. It will also increase small business and development tax provisions such as a death tax rate relief, portions of the community reinvestment act and there will also be increases in the private activity bond cap.  In addition, the package will increase the meal deduction for small businesses, accelerate the 100% deductibility for health insurance for the self employed, and improve pension portability for all businesses.  

Congress To Consider The Fair Act (H.R. 1987): At AGC’s annual mid-year meeting in Chicago, AGC endorsed the Fair Access to Indemnity and Reimbursement or “FAIR” Act (H.R. 1987).  This legislation would amend the National Labor Relations Act (NLRA) and the Occupational Safety and Health Act (OSHA).  It would allow a contractor with fewer than 100 employees and a net worth of no more than seven million dollars to automatically recover attorney fees and expenses when it is the prevailing party in administrative actions before the National Labor Relations Board or the Occupational Safety and Health Administration. 

AGC enthusiastically supports the FAIR Act because it encourages good-faith efforts to comply with the law and would discourage frivolous or unfounded charges from being pursued by these agencies.  Please contact your Member of Congress THIS WEEK and encourage them to vote for and support H.R. 1987. CALL TOLL FREE 1-877-722-7494 or (202) 225-3121.