UST Regulations

Supreme Court Hears CO2 Case

Annual Meeting Survey

ULSD Labeling Concerns

Join a SIGMA Committee

2007 SIGMA Planning

Who Will Own The Roadways?

Unfair Credit Card Practices Investigation

Winter Committee Meetings

Congress Taking Care Of Business In December

E & C Committee Organizes

California Court MTBE Ruling Deals Blow To Industry

UST REGULATIONS
To implement significant changes made by the Energy Policy Act of 2005 to federal underground storage tank regulations, the Environmental Protection Agency Nov. 15 issued final secondary containment grant guidelines for states. By Feb. 8, 2007, states receiving federal funds to regulate underground storage tanks must implement either these guidelines or the financial responsibility and certification grant guidelines EPA plans to issue in the next few months. EPA said new underground storage tanks or piping that is within 1,000 feet of any existing community water system or any existing potable drinking water must be secondarily contained and monitored for leaks. Also, any new motor fuel dispenser system within 1,000 feet of a community water system or potable drinking water well must have under-dispenser containment. The draft Grant Guidelines to States For Implementing The Inspection Provisions of The Energy Policy Act of 2005 is now available on EPA's website: www.epa.gov/oust/fedlaws/epact_05.htm#Drafts. Comments will be accepted beginning November 22, 2006 for 30 days, ending December 22, 2006. After receiving comments, EPA will develop final guidelines and incorporate them in grant agreements between EPA and states. 

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SUPREME COURT HEARS CO2 CASE
On November 29th, the U.S. Supreme Court heard oral arguments in the case challenging EPA’s decision not to regulate carbon dioxide (CO₂) from motor vehicles (Massachusetts v. EPA).  Questioning by the justices focused mainly on whether the state litigants had standing (i.e., whether it was clear that agency inaction would result in harm) and on EPA’s discretion to regulate air pollutants, not on the more fundamental issue of whether EPA has authority to regulate CO₂ under the Clean Air Act.  A decision is not likely until next spring.  Early reaction is that a 5-4 decision is likely, with Justice Kennedy as the swing vote.  SIGMA has intervened as part of a broad industry coalition to support EPA's decision not to regulate CO2, and to make clear that a contrary decision would have broad ramifications for all of industry, not just vehicle manufacturers.  If you have any questions on the case, please contact Joseph Green at Kelley Drye Collier Shannon at jgreen@kelleydrye.com.

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ANNUAL MEETING SURVEY
If you have not done so already, please fill out the SIGMA 48^th Annual Meeting survey by clicking here: http://www.surveymonkey.com/s.asp?u=71752893783.

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ULSD LABELING CONCERNS
EPA continues to seek information from retailers on the phase in of ULSD. As you know, The RFG Survey Association has been conducting random testing at ULSD retail sites on behalf of the industry. Current data reveals that a substantial portion of outlets ARE NOT labeling their diesel dispensers at all. In states other than California, EPA requires decals on fuel dispensers to show whether 15 ppm ultra-low-sulfur diesel or 500 ppm low-sulfur diesel is being sold. Marketers risk fines of up to $32,500 per violation if they do not label pumps correctly. Pump labels can be downloaded at www.opisnet.com. An EPA diesel pump labeling fact sheet can also be found at www.sigma.org. Also, in a continuing effort to keep abreast of any ULSD issues, we’d like to ask the following question: In areas in which you market, are there certain counties where you DO NOT sell ULSD? Please respond to Greg Scott (gscott@kelleydrye.com) with your input.
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JOIN A SIGMA COMMITTEE!
You are invited to participate in one of SIGMA’s influential committees.  You have the power to make your association even better by sharing your voice among your peers.  Committees are a great opportunity for SIGMA members, like you, who are interested in our legislative goals, publications, educational offerings, marketer operations issues, alternative fuels issues, and membership recruitment and retention efforts to provide input.  If you are interested in serving as a committee member for 2007, please complete the Committee Sign-Up Sheet, and return to Eileen Moore at emoore@sigma.org or by faxing it to (703)709-7007 no later than Friday, December 8, 2006. NOTE:  If you are currently serving as a 2006 member of the communications, education commission, financial services, mobile refueling, fuel supplier relations, legislative, marketer operations, and membership committees your current term is quickly wrapping up.  If you are interested in continuing your service, please complete the 2007 Committee Sign-Up Sheet. 
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2007 SIGMA PLANNING
Setting up your calendar for 2007? Now is a great time to save money and time by registering for all of SIGMA’s 2007 events before 2006 ends. SIGMA staff will be happy to help you plan your SIGMA year. Just give us a call at 703-709-7000 and we can take care of all of your registrations today.
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WHO WILL OWN THE ROADWAYS?
Roadway privatization trends will increase amongst states, particularly with the federal highway trust fund looking bleak (at best) and the support of transportation industry groups.  These groups claim the private sector can operate and maintain profitable roadways more efficiently than any government entity due to the financial flexibility to make much-needed investments.  Meanwhile, grass-roots oppositions claim the roads are owned by the taxpayers and states that lease the roads—especially those involving tolls—amounts to double taxation.  Privatization by use of a long-term lease agreement could prove profitable for states and localities to the tune of billions of dollars as U.S. financial groups knock on the doors of hopeful broker deals between the government and mostly foreign companies with vast experience in operating for-profit roadways.
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UNFAIR CREDIT CARD PRACTICES INVESTIGATION
The incoming chair of the Senate Permanent Subcommittee on Investigations, Sen. Carl Levin (D-MI), announced on Thursday that the subcommittee will hold hearings early in 2007 targeting unfair credit card practices following two reports critical of industry practices.  During a policy forum sponsored by the Center for American Progress Levin said: “If credit card companies do not promptly take the initiative to clean up their industry, Congress and the regulators—including the Federal Reserve, the Federal Trade Commission, and the Office of the Comptroller of the Currency—must take action.”  Levin also said he expects to introduce legislation next Congress targeting the unfair practices.
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WINTER COMMITTEE MEETINGS
SIGMA invites you to make your association even better by kicking this year off right at the Winter Committee Meetings coming up February 8-9, 2007 in Denver, Colorado at the Loews Denver hotel.  Make your hotel reservation by calling: (303)782-9300. Be sure to ask for the SIGMA rate of $129.00 (single/double). This meeting provides an outlet for SIGMA members who show interest in our legislative efforts and growing a healthy organization to Get Involved!  Via the committee structure, SIGMA provides every member with the opportunity to gain a voice in guiding the association’s policies and direction.  After all, it is the time and energy contributed by the membership that makes SIGMA both successful and unique. Register today! Don’t forget that following the Committee Meetings in Denver, you can join us for the SIGMA/NPN/OPIS Executive Leadership Conference in Aspen/Snowmass, Colorado, just a van ride away.  Running from February 11-14, 2007, this is an evolving conference that mixes family and business with the best in education. 
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CONGRESS TAKING CARE OF BUSINESS IN DECEMBER
Congress will be back in session next week to wrap up necessary business, including passing a resolution to keep federal programs running through mid-February, but will more-than-likely leave town by the week of Dec. 11.  On the Senate side, doubts exist that additional work will be completed on the pending fiscal year 2007 appropriations bills during December, but some Hill staffers believe that there is a possibility that conservatives in the Senate will drop their objections to moving the military construction and Veteran Affairs conference report prior to clearing the continual resolution (CR) for Bush’s signature.  Without a CR, federal programs covered under spending bills not signed into law, including all transportation, treasury, commerce, labor, health and educational programs, would shut down.  On the House side, several controversial bills may make an appearance, including S. 3711 which would open up 8.3 million acres in the eastern Gulf of Mexico to oil and gas drilling in a proven natural gas field.  The other top item likely to be considered by both chambers is a tax bill that will include the extension of a number of popular items such as the R&D tax credit and deductions for state and local sales tax.
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E&C COMMITTEE ORGANIZES
Rep. Edward Markey (D-MA) will seek to become the chairman of the House Energy and Commerce Subcommittee on Telecommunications and the Internet in the 110^th Congress. Rep. John Dingell (D-MI), the incoming chair of the Energy and Commerce Committee is re-organizing the E&C subcommittees somewhat, but with Markey taking communications, Rick Boucher (D-VA) likely would be next in line for air quality/energy subcommittee.
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CALIFORNIA COURT MTBE RULING DEALS BLOW TO INDUSTRY
The California Court of Appeals’ 3^rd District overturned a lower court’s approval of ExxonMobil’s defense motion in Nelson v. Superior Court (ExxonMobil Corp.) on Nov. 6, 2006—a ruling that could deal another blow to industry efforts to escape liability following failed congressional efforts to provide MTBE producers immunity from lawsuits because the industry is relying on the same defense in a consolidated 15-state federal case, boosting plaintiffs in the case and prompting a host of new groundwater suits in California.  Several sources in favor of plaintiffs in the federal case hope that the judge hearing those suits will see the California ruling as “persuasive” as it is a recent, significant decision on strict liability that weakens one of the industry’s key defenses in MTBE litigation—that water utilities are not eligible to sue.
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SIGMA Weekly Report December 4, 2006 © Copyright SIGMA, 2006