Congress hopes to adjourn for the November elections next week, which leaves only a handful of legislative days left for them to complete their work on some tax issues, national security, lobby reform, immigration reform, appropriations, etc. Of course, it has already been announced that they will return after the elections in a lame duck session, during which time anything can happen.

Of course, NACS continues to focus on issues that directly affect convenience store businesses. This week, the Department of Justice Drug Enforcement Agency (DEA) released its much-anticipated interim final rule implementing the Combat Methamphetamine Epidemic Act of 2005 ("Combat Meth Act"). The interim final rule establishes new requirements for retail sales of over-the-counter (nonprescription) products containing ephedrine, pseudoephedrine, and phenylpropanolamine – drugs commonly used in over-the-counter cold and flu products. NACS is currently reviewing the interim final rule and may file comments with the DEA on the interim rule. Written comments will be accepted by the DEA up to sixty days from the date of the interim final rule's publication in the Federal Register. The interim final rule has not yet appeared in the Federal Register but should within the next few days.

NACS counsel and NACS Senior Vice President of Government Relations Lyle Beckwith have prepared a detailed summary (PDF) of the proposed rule to help retailers develop an accurate understanding of what DEA is contemplating. As NACS develops its comments on the rule, we would be happy to receive any comments retailers may have regarding these proposed rules. Simply e-mail them to jeichberger@nacsoline.com.

In the House of Representatives this week, Rep. Chris Chocola (R-IN) introduced long awaited legislation to authorize the expenditure of money from the Leaking Underground Storage Tank (LUST) Trust Fund to pay for the reforms enacted by the Energy Policy Act of 2005. Last year, a jurisdictional squabble between congressional committees resulted in a provision in the highway bill that prohibited the use of LUST funds to pay for activities established by the original, 1986-legislation that created the fund. Since then, NACS has been working with Congress to resolve the differences between the bills and unlock the $2.6 billion in the LUST Trust Fund for use in implementing the reforms of last year. Recently, the Environmental Protection Agency (EPA) announced that resolving this conflict was a top priority for the administration as well.

Rep. Chocola is working with congressional leaders to ensure his legislation – which NACS understands has the blessing of all appropriate committees – is passed this year and signed into law. NACS will be working with Rep. Chocola to achieve this objective and we thank him for his leadership on the issue.

Last week, I noted that the EPA had released its proposed rule to implement the Renewable Fuels Standard (RFS), also known as the ethanol mandate. Counsel has completed its initial review of the proposed regulations and has provided NACS with a summary of the provisions (PDF). Please take a look at the proposal and let me know if you have any comments. NACS will be developing official comments that are due to EPA by November 12, 2006. If you have any questions, please let me know.

That's it for this week. As the countdown to the elections continues and your elected officials tour their districts seeking supporters, take the opportunity to speak with them about issues that affect your business. This is a great opportunity to educate them about the convenience and petroleum retailing industry.

Have a great weekend!

John Eichberger
Vice President, Government Relations