• an amendment allowing states to enact laws to prevent “pay-to-play” political contributions by contractors seeking state contracts;
• an amendment encouraging states to provide additional incentives for drivers to purchase gas-electric hybrid cars or other fuel-efficient vehicles;
• an amendment striking from the bill language that would have required states that establish high-occupancy toll lanes to set a lower toll for low-income people. 

A controversial amendment offered by Rep. Mark Kennedy (R-Minn.) attempting to limit new tolls to new lanes of highway was defeated on a vote of 155-265, a reversal of the chamber’s action last year.  This time, because of increased opposition from T&I leaders and many outside stakeholder groups, the amendment failed.
 
It is noteworthy that the House overwhelmingly passed the bill without knowing the specific state apportionments indicating interest in passing a highway bill and an acknowledgement that a higher funding level may be necessary to increase the rate of return to the states.  
  
Senate Environment & Public Works Committee Plans Mar. 16 Reauthorization Markup
 
In the Senate, Environment and Public Works Committee Chairman James Inhofe (R-Okla.) plans to mark up a Senate reauthorization bill on March 16.  A draft has been circulated to staff and the four Committee leaders, Chairman Inhofe, ranking member James Jeffords (I-Vt.), and Transportation and Infrastructure Subcommittee Chairman Kit Bond (R-Mo.) and ranking subcommittee Democrat Max Baucus (D-Mont.) have agreed to move a $284 billion bill through the committee.  The agreement guarantees that the bill will receive time on the Senate floor, likely during the last two weeks of April. 

Senate Majority Leader Bill Frist (R-Tenn.) had threatened to forgo a floor debate if the transportation bill came out of committee with a funding level unacceptable to the White House.  The state apportionments have not been unveiled publicly although it is reported they have been given to Senators and staff.  An effort to increase funding when the bill comes before the full Senate is virtually certain.
 
Chairman Inhofe caused a stir last week when he said that the White House would be open to a higher funding level if it were paid for.  Responding to Inhofe, a White House official reiterated that President Bush would veto a bill that exceeded $284 billion.   
 
NSSGA urges members to contact their Senators during the upcoming two-week spring recess to urge action on reauthorization at the highest funding level possible.  Members can access NSSGA’s Legislative Action Center and easily send a letter to their lawmakers in support of a reauthorization bill at the highest funding level possible.  Contact Jim Riley with any questions.  NSSGA and its TCC and ATM coalition partners will lobby aggressively in the weeks ahead for action on a bill before the current extension of the law expires on May 31. 
 
Budget Debate Moves to Full Senate and House; Highway Funding Amendment Possible
 
The Senate and House are expected to debate the FY ‘06 budget resolutions this week.  Each chamber will debate its version of the budget resolution, both of which call for spending nearly $2.6 trillion amid record deficits.  The Senate will begin debate March 14 with the House taking up its budget resolution on March 16.  An amendment to establish a “reserve fund” that would allow increased highway funding if additional funds could be found is possible.

The budget resolutions set discretionary spending targets and outlines for eventual tax cut and mandatory savings legislation.  Both versions seek to hold discretionary spending increases below the rate of inflation.  Domestic programs would be cut while defense spending would increase. 
 
The spending blueprints also would extend expiring tax breaks and slow the growth of entitlement spending to try to trim an FY ‘04 deficit of $412 billion.  Numerous battles over amendments are expected.  The most contentious issues related to “pay/go” budget enforcement rules, oil and gas exploration in the Alaska National Wildlife Refuge (ANWR), and plans to trim Medicaid spending.
 
OMB Report to Congress Details Benefits of Environmental Rules
 
According to a March 9 draft report to Congress by the Office of Management and Budget (OMB), major Environmental Protection Agency (EPA) regulations imposed between $21 billion and $23 billion in annual compliance costs but provided at least four times that amount in health and other benefits.  The report estimated total costs and burdens for major federal rules imposed by nine federal departments and agencies, from EPA to the Department of Health and Human Services, over a 10-year period from October 1994 through September 2004.  The report found that, government-wide, those major rules imposed annual compliance costs of between $34.8 billion and $39.4 billion but provided benefits of between $68 billion and $259.6 billion. 

The report said that both the cost and benefits estimates vary widely between agencies because of different methods of calculating costs and benefits of the individual regulations. 
 
Prepared by OMB’s Office of Information and Regulatory Affairs (OIRA), the report is designed to provide Congress and the public an annual review of federal regulatory costs and benefits.  The report concludes that the estimated annual benefits of federal regulations are higher than in OMB’s previous report in 2004, in part because of the finalization of two key EPA rulemakings over the past year on diesel exhaust and emissions from industrial and commercial boilers.
 
In a separate OMB report also issued March 9, federal agencies including the EPA pledged to cut compliance burdens found in 76 regulatory requirements and guidances.  The EPA regulatory revisions comprise half of the total 76 government-wide regulatory changes considered priorities for the agencies and OMB.  The 76 regulatory revisions pledged in the report represent less than half of the number of changes originally sought by OMB in December.  In that report to Congress, OIRA sought input from business groups and other interested parties in compiling a total of 189 separate rulemakings and policies for federal agencies that were nominated by outside groups for possible changes in 2005.  NSSGA submitted nominations for the OMB report.
 
Click here for OMB’s Draft 2005 Report to Congress on the Costs and Benefits of Federal Regulations and its Regulatory Reform of the U.S. Manufacturing Sector: A Summary of Agency Responses to Public Reform Nominators.  

Mark Your Calendar for the April 26-27 TCC Fly-In

The Transportation Construction Coalition (TCC) is busy preparing for the spring TCC Fly-In, April 26-27, at the Hotel Washington. NSSGA is holding a Government Affairs Committee meeting from 11:00 a.m. to 12:30 p.m. on April 26 at the Hotel Washington before the start of the fly-in. Lunch will be served, followed by a one-hour meeting of the ROCKPAC Trustees beginning at 1:00 p.m.

The TCC General Session will begin at 2:30 p.m. on April 26, and a Congressional reception will follow at 6:00 p.m. The morning of April 27 will begin with a breakfast speaker followed by a day of lobbying on Capitol Hill. The fly-in comes at a critical time in TEA 21 reauthorization, with only one month remaining until the expiration of the May 31 extension. In addition to TEA 21 reauthorization, Congress will be trying to negotiate the funding levels for the 13 annual appropriations bills, including Transportation-Treasury appropriations.

Reserve your room now, as we are anticipating a busy year in Washington and have expanded the number of associations participating in the fly-in. Reservations may be made under the "TCC Fly-In" room block by calling (202) 638-5900 or (800) 424-9540. We are anticipating a high turnout to represent the industry. Additional fly-in details will be provided in the near future.

2004 Another Record Year for Aggregates Production

The U.S. Geological Survey (USGS) reports that more construction aggregates were produced and sold in 2004 than in any previous year in U.S. history. USGS estimated that 413 million metric tons of crushed stone were produced and sold in the U.S. in the fourth quarter of 2004, an increase of 4.2 percent compared with the same period of 2003. The estimated annual production of crushed stone sold in 2004 was 1.65 billion metric tons, an increase of 7.8 percent compared with 2003, setting an all-time record.

The estimated output of construction sand and gravel produced and sold in the fourth quarter of 2004 was 297 million metric tons, an increase of 1.9 percent compared with the same period of 2003. The estimated annual production of construction sand and gravel sold in 2004 was 1.21 billion metric tons, a 4.3 percent increase compared with 2003. The estimated 2004 total annual production of construction sand and gravel was also the highest production ever recorded in the U.S.

An estimated 715 million metric tons of total aggregates were produced and sold in the United States in the fourth quarter of 2004, an increase of 3.5 percent compared with the same period of 2003. The estimated 2004 total annual production of aggregates produced for consumption was 2.86 billion metric tons, a 6.7 percent increase compared with 2004. The estimated 2004 total annual production of aggregates was the highest production ever recorded in the U.S.

Johnson Nominated to Lead EPA

He has held a variety of positions in his 24 years at the EPA, including working with pesticides and toxic substances. He helped design new regulations to improve food safety and will lead federal efforts to ensure the security of our drinking water supply. If confirmed by the Senate, Johnson would become the EPA’s 11th Administrator.

In his nomination speech, Bush called Johnson the “first professional scientist to lead the EPA,” and expressed his hope that Johnson will use his scientific background “to set clear, rational standards for environmental quality, and to place sound scientific analysis at the heart of all major decisions.”

NSSGA Asks EPA to Suspend Revisions to Emission Factors Database

Industry Leaders Gather in Las Vegas

NSSGA’s annual convention and the largest CONEXPO-CON\CON-AGG show ever got underway this week with aggregates industry leaders from around the U.S. registered for both events.  NSSGA attendance was the highest since 9/11 while CONEXPO-CON\CON-AGG drew the most visitors in the show’s history and occupied nearly two  million square feet of exhibit space.  In addition to presenting awards to the aggregates industry’s “best and brightest” for operation appearance, community involvement, market innovation, safety achievement and product use, NSSGA’s chairmanship passed from Stephen P. Zelnak, Jr., of Martin Marietta Materials to Richard J. Feltes of Feltes Sand & Gravel.  Scheduled speakers at the NSSGA convention included Peggy Noonan, former speechwriter to President Ronald Reagan and NBC news military and international affairs expert Col. Ken Allen, both sponsored by Martin Marietta Materials.

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March 31 NSSGA Membership Renewal Deadline Only Days Away!

Producer and M&S member company official representatives should have in hand their NSSGA renewal information for 2005. This year we are placing special emphasis on two critical points:

1. An annual renewal deadline is being introduced at the direction of the NSSGA Board of Directors. The date March 31 has been set as the renewal "deadline" that will keep members in good standing for all association billables. Members that don't renew by March 31 will be billed at non-member rates for all costs - including the 2005 NSSGA Annual Convention at CONEXPO-CON/AGG - until they have renewed.
2. We are attempting to collect sales data (required for dues calculation) from all members. This confidential information helps us better determine the growth of the association membership versus the industry at large. All information will be treated with the highest confidence, and will be used only collectively to measure the association's growth in representation.

Please be sure that your company recognizes the urgency in this new deadline, and let us know if you have any questions by contacting Kelly Norris at (703) 526-1094.

Glenn Martin Receives Barry K. Wendt Memorial Commitment Award

NSSGA will name Glenn L. Martin, president of Martin Stone Quarries, Inc., Bechtelsville, Pa., recipient of the eighth annual Barry K. Wendt Memorial Commitment Award tomorrow during the Awards Breakfast at the NSSGA Convention in Las Vegas, Nev. Martin is receiving the award for his dedication to the construction aggregates industry, his family and his community.

Martin is a longtime member and former chairman of the Pennsylvania Aggregates and Concrete Association (PACA). During his tenure as chairman, Martin led PACA as it joined with four other trade associations to form a political action federation. He serves on NSSGA's Small Producers Council and actively participates in the association's political action committee, ROCKPAC.

Martin is a second-generation owner of Martin Stone Quarries, Inc., and company employees credit him with helping to transform the operation into a modern, thriving enterprise. He is an active leader in local business and has provided assistance with many community projects, even offering equipment and labor for public works in Washington Township in Berks County, Pa. In addition, his vision led to the installation of a local wildlife refuge.

Each year, the Memorial Commitment Award goes to an individual who exemplifies the qualities of leadership and commitment demonstrated by Barry K. Wendt (1946-1997), a Cedarapids, Inc., employee and industry leader who was universally recognized as a leader in the aggregates industry. It is the association's highest individual service award.

Lafarge's McClain is Safety Pro of the Year

Dan McClain, Director of Training and Program Development for Lafarge Construction Materials has been named the 2004 National Stone, Sand and Gravel Association James M. Christie Safety and Health Professional of the Year. The coveted award will be presented at NSSGA's Annual Convention on Mar. 16 in Las Vegas, and again at an awards luncheon on Oct. 11 in conjunction with NSSGA's Environment, Safety and Health Forum in Washington, D.C.

McClain is an active member of NSSGA's Safety and Health currently serving as Chair for both the Training Subcommittee and the Guarding Task Force. As chairman of the Training Subcommittee, he has been involved in the development of a Haul Truck Training CD and the Crystalline Silica Risk Communication series. As Guarding Task Force chairman, he played a vital role in assisting MSHA revise its Guarding Guidebook, republished in 2004. His contributions attributed to the vast improvement from previous editions by assisting MSHA to modify its enforcement philosophy on guarding. He also worked closely with MSHA to successfully incorporate a risk assessment approach to machine guarding, which is reflected in MSHA's "Machine Guarding DVD."

Dan is a Certified Safety Professional (CSP), published author and has been recognized as the recipient of the CRPA/CRMCA and the ASSE Colorado Chapter Safety Professional of the Year Awards in 2000 and 2003-2004, respectively. He routinely presents at national conferences and seminars such as MSHA TRAM (1998, 1999, 2000) SME Annual Conventions (2001, 2002) NIOSH/CSM/MSHA Training Needs Assessment Seminar 2001, and has been selected to present at this years World Safety Congress on Safety and Health at Work. An accomplished trainer, he developed an award winning Hazard Recognition Program that won top honors in the Metal/Nonmetal Division at the MSHA National Mine Academy TRAM conference in 1999. He also authored an award winning interactive CD-ROM for "New Miner Training" that received the Grand Prize in 2000 MSHA TRAM Conference and National Mine Instructor's Seminar.

"Dan's accomplishments and contributions to the industry are true testaments of the dedication of NSSGA's member companies' to the safety and health of their employees," said Joy Wilson, President and CEO of NSSGA.

Industry Updates

• Vulcan Materials Company, Birmingham, Ala., announced that it has acquired the assets of New West Materials Co., L.L.C., an aggregates and asphalt producer in Phoenix and Tucson, Ariz. These assets include three aggregates facilities and three asphalt plants in Phoenix, along with two aggregates facilities and two asphalt plants in Tucson.  The new businesses will be operated by Vulcan’s Western Division in the Arizona/New Mexico Region.  Terms of the transaction were not disclosed.
  
• The Wildlife Habitat Council (WHC) Board of Directors unanimously elected David W. Carroll, Lafarge North America, as its chairman of the board.  He has served on the WHC Board of Directors since 2000 and previously as secretary-treasurer on the group’s Executive Committee.  Lafarge’s involvement with WHC began in 1992, under Carroll’s leadership, exemplifying a long-standing dedication to enriching pre-existing habitat and establishing new habitat on its corporate landholdings.  Projects already spearheaded by Lafarge range from native plantings, nest monitoring and education outreach to site reclamation, wetlands restoration and fish restocking.  Currently, Lafarge has 15 certified and nearly 50 active programs involved with WHC across North America.
  

Birmingham Noise & Dust Course Sells Out

NSSGA’s Noise and Dust Workshop held at Martin Marietta Materials’ Maylene facility located in Birmingham, Ala., March 29-31 has officially SOLD OUT.  However, if you are still interested in attending this course, you should register to be put on standby in the event there are any last minute cancellations.  With the Birmingham course selling out, seats will fill fast for the next stop at Pennsy Supply, Inc.’s Millard Quarry, Annville, Pa., April 12-14.  
 
Because space is limited to only fifteen registrants, early registration is encouraged.  Besides the Annville, PA course, the workshops will make a stop at Rinker Materials Corporation’s 19th Avenue facility, Phoenix, Ariz., Sept. 13-15. 
 
For nine years this award-winning program has provided a cost effective means for assisting operations with compliance of MSHA’s noise and dust regulations. With the ever-growing focus on these issues, this program educates industry participants on how to conduct noise and dust exposure-monitoring, record and interpret results and develop plans to reduce exposures below MSHA permissible limits.

So if you're a supervisor, operations or human resources manager, industrial hygienist, consultant, or professional with safety and health responsibilities for an aggregates operation, you can't afford to miss out on this opportunity to learn the latest in dust and noise monitoring and sampling. Contact Brandon Viars for more information or click here to register online.

ESH Division Announces '05 Forum Details

The ESH Forum is designed to focus on the major environmental and safety and health issues now facing the ever-evolving aggregates industry and its management and operating personnel. It is unique in that it is the only aggregates industry ESH event designed exclusively for aggregates industry ESH professionals, counsel, regulatory/risk managers, consultants, contractors and others. The Forum strives to provide in-depth information on current issues and regulatory happenings, training to better educate industry professionals, promote working relationships and networking opportunities with key industry professionals and regulatory officials from EPA, MSHA, NIOSH, OSHA, SBA and the U.S. Geological Survey. Participants will gain necessary background knowledge for developing action plans intended for implementation at the company and plant level to help meet the requirements and responsibilities in the environment, safety and health fields. A premium is placed on the tried and true, on practical solutions to knotty problems that can afford cost-effective bottom-line enhancing solutions to your company's compliance issues.

A highlight of the conference will be an awards luncheon where aggregate operations, companies and individuals will be recognized for outstanding ESH achievement. In addition, meetings will be held of the ESH Division leadership, Council of Counsel, Environmental Committee, Safety & Health Committee, and Safety & Health Committee task forces.

Be sure to mark your calendar for Oct. 10-12 to attend this one of a kind event!

NSSGA Kicks Off 2005 Summer Jobs Program

Advanced Supervisory Training Program to be Held in Pittsburgh in May

Register for Basic Sales On Line

ICAR's 13th Symposium Offers Expanded Program for Broader Audience

Hilton Head is Site for Young Leaders Council's Annual Meeting