Agency Announces Funding for Maglev Projects

The Federal Railroad Administration yesterday published in the Federal Register a Notice of Funds Available.

The notice states  “that $45 million authorized by the Safe, Accountable, Flexible, Efficient  Transportation Equity Act:  A Legacy for Users (SAFETEA–LU) for grants to existing magnetic levitation (maglev) projects located east of the Mississippi River has been appropriated and that project proponents (States or State designated authorities) for the three eligible projects may submit applications for grants to fund such projects.

"The three eligible projects are the Pittsburgh project, the Baltimore-Washington project, and the Atlanta-Chattanooga project,"  the notice continues.

This is in addition to the $45 million appropriated for the maglev project from Las Vegas to Primm, Nev.

Contact John Sullivan.

Commission Releases New Market Rule

The Federal Energy Regulatory Commission (FERC) yesterday finalized regulations aiming to improve competition in wholesale electric markets;  focusing on demand response; and strengthening the market monitoring unit.

The rules require the regional transmission organization and independent system operator to use demand response as they would any other generation that helps to smooth volatility in the system.  Demand-response programs call on power users that have volunteered to adjust usage during peak demand periods, relieving the system during periods of stress.

The rule also requires competitive market operators to include a place for market participants to offer long-term power contracts on their Web sites to improve transparency.

While all five commissioners supported these reforms, FERC Commissioner Suedeen G. Kelly said she still does not support  regulations that would give markets the ability to raise price caps during a supply shortage, even if is supported by a factual, transparent record or the restructured role of the market monitoring unit.   This is true in spite of changes made since the proposed rule last February.

Commissioner Kelly said she was worried about the effects on consumers, as scarcity could lend itself easily to the exercise of market power. The concern is higher prices could stem from control of the electricity supply market versus an actual shortage of supply.

Contact Deidra Ciriello.

Agency: No Changes Proposed for Certain Air Pollutant Categories

The U.S. Environmental Protection Agency (EPA) recently included no changes to the hazardous air pollutant standards covering nine industrial sources.  This came in the form of a proposed rule (73 Fed. Reg. 60,432) issued last Friday.

Conducting residual risk and technology reviews for 174 hazardous emissions source categories, EPA determined in its proposed rule that the current standards are sufficient for "group 1" polymers and resins; marine vessel loading operations; mineral wool production; pharmaceuticals production; and the printing and publishing industries. 

According to the agency, those five national emissions standards for hazardous air pollutants, which cover nine related industries, "provide an ample margin of safety to protect public health and prevent adverse environmental effects."

EPA is currently updating the maximum achievable control technology standards, technology-based standards to control emissions, for 174 different source categories. According to the agency, it will begin with those that likely will need the fewest revisions, allowing additional time for those that might need new risk assessments to be performed.

The agency will accept public comment on the proposed hazardous pollutant standards for the nine industries covered by the proposed rule until November 24.

Contact Andy O'Hare.

Second Stimulus Package Debated Among House Democrats

U.S. House Speaker Nancy Pelosi (D-Calif.) hosted a meeting Monday with House Democrats and economists in an attempt to draft a second economic stimulus package.

The package, which could total upward of $152 billion, could include a second round of tax-rebate checks, and a provision related to transportation and infrastructure funding.  The measure also could provide economic aid to states, while extending unemployment benefits and food stamp benefits to certain individuals.  

House Minority Leader John Boehner (R-Ohio) wrote a letter to Speaker Pelosi the same day of the meeting, agreeing that more needs to be done to help the flagging American economy.   Notwithstanding its support of the principle, the letter was critical that the proposed package does not help “families and small businesses” and would not “stabilize the economy long-term.” 

In addition to requesting incentives be provided for “alternative and renewable fuels and programs to boost efficiency and conservation,” Boehner called for additional provisions. His proposed provisions would lower the tax rate on U.S. companies’ overseas profits, suspend the capital gains tax for individuals and corporations for equity purchased during the next two years, and lower the corporate tax rate for companies who invest in “distressed assets.”

Speaker Pelosi noted the details of the plan would be formulated in the next few weeks after hearings are held by House Financial Services, Budget, Education and Labor, and Agriculture committees.

Two additional House committees—Education and Labor and Ways & Means—have scheduled hearings on this matter.

Contact: Tom Carter, Kevin Walgenbach or David Hubbard.

President Signs Defense Authorization Bill,
Effects Policy Change on Life Cycle

The President on Tuesday signed into law, the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, or simply the Defense Department authorization.

As reported previously in the Washington Briefing (Sept. 6, 2008, Volume 4, No. 21), the bill, now law, includes language that addresses life-cycle criteria in military construction projects. 

The law represents a shift in the U.S. Army Corps of Engineers’ policy on the use of construction materials.  More specifically, the bill includes language requiring sustainable design to be included as part of military construction projects.

This is a victory for the cement and concrete industries, whose products offer tangible sustainability features and benefits compared to many other construction materials.  The specific language is found in Section 2801 of the bill.

Contact Bill Plenge.

Agency Holds Public Hearing on Proposed Rule

The Mine Safety and Health Administration held a public hearing Tuesday to allow public comment on the proposed rule for “Alcohol- and Drug-Free Mines.”

The rule was published September 8 with a 30-day comment period, but after requests from various groups, the agency agreed to hold a public hearing and extend the comment deadline until October 29.

The rule is contentious, as evidenced by statements at the hearing.  Operators, including those represented by the Portland Cement Association, agreed that a rule to regulate substance abuse is needed, but not this rule. 

Most distasteful from the operators’ collective perspective is the proposal’s requirement that “Mine operators must not terminate miners who violate the mine operator’s policy for the first time.”  Employers rightly view this as a diminution of workplace safety. 

On the other hand, labor is squarely opposed to any regulation.  Both the steelworkers' and coal miners’ unions spoke out vociferously against the proposal, the latter’s representative at one point calling the hearing a “hoax” and a “fraud,” before asking that it be halted.

PCA has prepared a draft comment that is currently under review by the Occupational Health and Safety Committee. 

Contact Tom Harman.

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