The House of Representatives and Senate return next week for what is expected to be the final week of the 109th Congress. Reports in Washington indicate that legislators will simply extend funding for government program until early 2007, perhaps consider legislation to extend popular tax incentive programs, and then go home. Speaker of the House-to-be Nancy Pelosi (D-CA) has announced that the House will return on January 4 and work through most of January in order to move forward with the Democrat’s action plan for the first 100 hours.
In the first 100 hours, the new Democratic majority will seek to:
- Pass ethics reform legislation
- Establish a pay-as-you-go policy regarding the budget
- Implement the recommendations of the 9/11 Commission
- Raise the federal minimum wage
- Amend the Medicare prescription drug program
- Promote stem cell research
- Cut by 50 percent interest rates on student loans
- Develop strategy to achieve energy independence
- Repeal tax credits for refiners
Speaker-elect Pelosi has announced that this legislation will be introduced on Day 1 of the new session.
Underground Storage Tank Regulations
Meanwhile, the Environmental Protection Agency (EPA) has continued its efforts to implement the underground storage tank (UST) requirements of the Energy Policy Act of 2005. As previously reported, on November 15 the agency released its final guidelines for states choosing to implement the secondary containment provisions of the Act. Unfortunately, the agency seems to have largely ignored industry comments filed on the draft guidelines earlier this year. For example, the agency continues to use the established definition of a Community Water System for purposes of determining the 1,000-foot proximity of a UST that would trigger secondary containment. This definition includes the water lines that may run through the middle of a street, from which very few USTs will be located more than 1,000 feet. Other recommendations were likewise disregarded, providing states much greater flexibility to craft requirements more stringent than those envisioned by Congress.
Then, on November 22, EPA released draft guidelines for states to implement the inspection provisions of the Act. You may recall that the Act requires, within two years of enactment, that every state inspects every tank not inspected since December 22, 1998. Beginning two years after enactment, states must inspect every tank once very three years. The guidelines establish the criteria by which states can satisfy this requirement. The guidelines focus heavily on the states’ authorization to utilize third party inspectors. NACS will be preparing comments on the draft guidelines and welcomes input from tank owners.
Credit Cards and the 110th Senate
In anticipation of his party’s majority status in the coming Congress, Senator Carl Levin (D-MI), who will chair the Homeland Security and Government Reform Committee, announced this week his intent to hold hearings into the abusive practices of the credit card associations. Building his case from a recent report of the Government Accountability Office concerning the manner in which the associations extract additional fees and interest charges from cardholders, Sen. Levin said, “Education…isn’t going to be enough. Without a club, without that stick, we’re not going to see reforms coming.”
Sen. Levin also indicated his hope that Sen. Chris Dodd (D-CT), who will chair the Banking Committee, will introduce legislation to regulate the card associations, legislation Sen. Levin hopes to cosponsor.
While the focus of Sen. Levin’s comments was on the treatment of cardholders, the overall activities of the card associations will likely be fair game during the proceedings and NACS fully anticipates that the issue of interchange rates and the manner in which card associations deal with the merchant community will an important component of the debate.
Ultra Low Sulfur Diesel
In addition, the EPA is seeking information from retailers regarding the phase-in of the ultra low sulfur diesel (ULSD) regulations. Some stakeholders have expressed concern that ULSD is not available in all markets; furthermore, EPA has heard reports that not all diesel fuel dispensers are properly labeled.
Please let me know via e-mail (jeichberger@nacsonline.com) if ULSD is currently available in your market, if you are selling ULSD and if your market has experienced any diesel fuel supply disruptions in the past three months. Your input will be extremely helpful during an upcoming meeting with the agency.
Have a great weekend!
John Eichberger
Vice President, Government Relations