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Noise & Dust Workshop (Aug. 29-31)
Occuptional Health Program (Sept. 12)
PMD Annual Meeting (Sept. 12) Environment, Safety & Health Forum (Sept. 13-15)
Sales, Marketing & Technical Conference (Sept. 25-27)
Noise & Dust Workshop (Oct. 10-12)

Congressional Roundup

NSSGA Succeeds in Getting Explosives Fee Dropped from Bill

The House passed the FY '07 Science, State, Commerce, Justice (SSCJ) appropriations bill on June 29, moving within one bill of passing all of its appropriations bills for the coming fiscal year. Passage of the bill came on a vote of 393-23. Of concern to NSSGA was a provision for a half-cent-per-pound user tax on manufacturers and importers of commercial explosives that was calculated to raise $30 million for administration of the Bureau of Alcohol, Tobacco, and Firearms. NSSGA and its partners in the Safe and Security Alliance for Explosives coalition succeeded in eliminating the provision from the bill.

NSSGA had long opposed an explosives tax, which would ultimately be born by consumers in higher construction costs. The tax was subject to a point of order because it constituted legislating on an appropriations bill.

During consideration of the bill on June 27, the senior Democrat on the SSCJ appropriations subcommittee, Rep. Alan Mollohan (W.Va.), raised a point of order against the explosives tax. The point of order was sustained and the tax was eliminated from the final bill. NSSGA now turns its attention to the Senate to prevent its appropriations subcommittee from including an explosives tax in its version of the spending bill.

House Passes SAFETEA-LU Technical Corrections Bill

With little fanfare, House Transportation and Infrastructure Committee leaders introduced a bill, H.R. 5689, on June 27 to make technical corrections to SAFETEA-LU. By voice vote on June 28, the House passed the measure. The bill corrects some of the programmatic errors of SAFETEA-LU, especially with Title V, the research title of the bill.

The bill was necessary because the conference committee on SAFETEA-LU ended up earmarking more than 100 percent of the funds in the primary research account, leaving no funds to do such things as pay salaries. The corrections bill would deduct two-tenths of one percent from apportionments in the main highway formula accounts in FY '06-'09, and transfer that money to research. The bill changes the project description of 52 of the House's high priority projects in section 1702 of SAFETEA-LU. Changing the description without changing the state or amount leaves the money in that state. Further, the bill amends the dollar amount of eight more projects but in a way that leaves the same amount of money in each state.

The bill has been referred to the Senate Committee on Environment and Public Works. NSSGA, with ACPA and NAPA, has been working to correct the problem with the share split for aggregates, asphalt, and concrete research contained in SAFETEA-LU. The corrections bill provides the legislative vehicle to change the 50/50 share to 80/20, which is the share distribution under which all three research programs have been operating.

It is unclear how or when the Senate will act on the corrections bill. NSSGA and its partners are working with the committee to address the materials research share issue when the Senate acts on the bill and will keep you informed of developments.

Senate Appropriators Agree with NSSGA to Fully Fund USGS's MIT

What's past is prologue, and in the case of funding for the Minerals Information Team (MIT) at the U.S. Geological Survey, the Senate Interior appropriations subcommittee again rejected the administration's proposal to eliminate reporting on foreign mineral production when the subcommittee met on June 26 to approve the FY '07 Interior and Environment appropriations bill.

The $26.1 billion spending plan is $200 million more than the House-passed plan and $600 million above the president's request. Funding for the Environmental Protection Agency was set at $7.53 billion, $47 million less than the House-passed version, but $214 million above the administration's request. Funding for the clean water revolving funds was cut again this year, with the Clean Water State Revolving Fund receiving $687.5 million, and the Drinking Water State Revolving Fund getting $841.5 million. Conversely, the House allocated $850 million for both revolving funds, which provide low-cost loans to drinking and sewer water projects.

In a victory for NSSGA, the committee decided to fully restore funds for the Minerals Resource Program, of which the MIT is a part. The good news is that the committee again included language chastising the reoccurring request to cut this important program by including in the report the following statement:

"As noted above, the Committee has restored funding for the minerals resource program to its current level. Proposals to eliminate or reduce these activities have been rejected in the past and continue to have no merit in the Committee's view."

NSSGA actively educated members of the Interior and Environment subcommittee on the need to support MIT reporting on foreign mineral production. NSSGA will continue to follow this appropriations bill closely and advocate in support of those programs that are beneficial to the industry. For more information, please contact Pam Whitted.

Transportation Commission Meets, Vice Chairmen Elected; No Replacement for Mineta Expected until after July 7

The National Surface Transportation Policy and Revenue Study Commission met in Washington June 26 and 27, in part to decide who was going to be the commission vice chairman. In a twist of fate that recognizes the need for an odd number of commissioners, the group split its votes evenly between former federal highway administrator Mary Peters, National Director of Transportation Policy, HDR, and Jack Schenendorf of the Covington & Burling law firm. The result is that the commission will be served by the new co-vice chairs, Peters and Schenendorf. During the two days of meetings, commissioners received overviews of the Department of Transportation agencies functions and trends influencing current and future transportation needs.

By law, the sitting secretary of transportation also serves as chairman of the commission. NSSGA has learned that the president is not expected to announce a replacement or interim transportation secretary until after Secretary Mineta officially vacates his post on July 7. Deputy Secretary Maria Cino, who addressed NSSGA's Board of Directors at the annual convention in Tampa, Fla., in March is expected to be named acting secretary after Mineta steps down. NSSGA will follow the situation closely, as the secretary sets the overall agenda and tone for debates on transportation matters.

Senate Continues to Delay Action on Death Tax Repeal

Congress left for a one-week Independence Day recess with the Senate in limbo on the estate tax issue and Republican leaders attempting to soothe their own conservative members and constituents, as well as sounding out Democrats' concerns that may bring them on board with a compromise. A July Senate vote is all but certain, as is the need to change a House-passed estate tax reform proposal to appease conservative lawmakers wary of spikes in the estate tax rate that could result in the proposal's link to the capital gains rate. A possible vote the week of June 26 was defused as conservative groups and senators sought to unlink the rate from the capital gains tax rate.

Sen. Mary Landrieu (D-La.), considered a swing vote on the death tax issue, introduced her own bill (S. 3626) prior to the recess with a $5-million-per-spouse exclusion amount and a 35 percent rate that would increase for estates over $100 million. Estates greater than $100 million would be subject to a five percent surcharge.

House Ways and Means Committee Chairman Bill Thomas (R-Calif.) advanced a bill that was passed by the House which would exempt estates worth less than $5-million-per-spouse, tax those worth less than $45 million at the capital gains rate, and tax wealthier estates at twice that rate. The proposal was framed as a take-it-or-leave it offer from the House, although key House members have backed off that position and held open the possibility of a compromise with the Senate.

NSSGA has pushed for full repeal of the death tax. In the absence of total repeal, NSSGA is evaluating the different compromise options and will continue to work for passage of reform that does not unduly burden the aggregates industry.

House Passes Deep Ocean Energy Resources Act; Funding for Mining Schools Included

On June 29, the House passed the Deep Ocean Energy Resources (DOER) Act on a bipartisan 232 to 187 vote. The legislation eliminates the nation's 25-year-old congressional moratorium on oil and gas drilling in federal waters, opting for a new approach that opens vast offshore areas to exploration and gives coastal states billions of dollars in a new revenue-sharing program. While NSSGA took no official position on the proposal, a provision included in the final bill was supported.

Specifically, NSSGA supported the Energy and Minerals Schools Reinvestment Fund, which will assist petroleum, mining, applied geology and geophysics schools with Federal funds to maintain and encourage the growth of the energy and minerals workforce.

The DOER Act now heads to the Senate for consideration where Florida Sen. Bill Nelson (D) has already threatened to filibuster the legislation. The House action, however, could lead to movement on a related proposal, which would reopen three million acres in Lease Sale 181 in the eastern Gulf of Mexico. NSSGA will continue to follow this legislation and support provisions that would encourage the growth of the minerals workforce.

NSSGA Participates in Senate Staff Briefing on Supreme Court Wetlands Decisions

NSSGA actively supported a briefing for Senate staff on the recent Supreme Court decisions in the Rapanos vs. United States and Carabell vs. U.S. Army Corps of Engineers cases. On June 19, the court tossed out rulings against John Rapanos and June Carabell, who wanted to fill wetlands they owned near Lake St. Clair in Macomb County, Mich. Rapanos wanted to put a shopping mall on his property, which is about 20 miles from the lake and Carabell wanted to build condos on wetlands she owns about a mile from the lake. The court ruled that lower courts must reconsider whether ditches and drains near wetlands actually are waterways.

Approximately 60 staff members and industry representatives heard from the panel consisting of Julienna Potts, general counsel, American Farm Bureau Federation; Michael See, attorney, American Petroleum Institute; Lawrence Leibesman, partner, Holland and Knight law firm (on behalf of NSSGA); Howard Bleichfeld, member, Van Ness Feldman law firm; Thomas Ward, assistant staff vice president, National Association of Home Builders; and, Deidre Duncan, partner, Hunton &Williams law firm.

The goal of the briefing was to help clarify a convoluted ruling and its meaning for senators. The consensus of the panel was that, for the next ten years, wetlands will be determined on a case-by-case basis, but with a bit more clarity in the fact that isolated wetlands are not within the jurisdiction of the Clean Water Act and that a molecule of water does not constitute sufficient connection to establish jurisdiction.

NSSGA Joins Events Commemorating 50th Anniversary of the Interstate

To major and positive media coverage across the country-from television news to majors dailies including USA Today and the Washington Post-NSSGA participated in events last week commemorating the 50th Anniversary of the National Interstate Highway System. The commemoration began June 16 when the recreation of the Transcontinental Motor Tour of 1919 kicked off from San Francisco. The convoy traveled cross-country retracing the route of the 1919 tour making stops along the way in such places as Reno, Salt Lake City, and Cheyenne.

A two-day forum (June 28-29) on financing of the system sponsored by the Transportation Construction Coalition (TCC) and the American Association of State Highway Transportation Officials (AASHTO) preceded arrival of the convoy in Washington. NSSGA Vice Chairman of the Board and SAFETEA-LU Reauthorization Task Force Chairman Mike Stanczak, Material Service Corp.; Vice Chairman Dianna Saraf, Dan Gernatt Gravel Products, Inc.; and Government Affairs Committee Chairman Paul Detwiler, III, New Enterprise Stone and Lime Co., Inc., represented NSSGA in the forum. Participants heard a brief history of the interstate, participated in a facilitated roundtable that discussed "The Role of the Interstate in Supporting and Expanding The Nation's Economy," and heard a futurist on the global transportation network. Participants divided into several break out groups looking at different aspects of the system.

NSSGA Board of Directors member Charles Potts, president and CEO of Heritage Construction & Materials, gave a dinner briefing on "Americas' Transportation Network: A Vision for the Future," discussing the plan he has been advancing for a multi-modal regional system. It is the plan on which Potts briefed the NSSGA Executive Committee at its meeting last fall.

The discussion groups reconvened on June 29, to complete their discussions and recommendations. Secretary of Transportation Norman Mineta addressed the group and then Michael Meyer, professor of Civil and Environmental Engineering at Georgia Tech, presented the recommendations from the various break out groups. A compilation of the recommendations is being assembled.

The forum was followed by the arrival ceremony of the convoy on the very day, June 29, that President Eisenhower signed the Federal Highway Act of 1956. Secretary Mineta was joined on the dais by House Transportation and Infrastructure Committee Chairman Don Young (R-Alaska), senior Democrat James Oberstar (D-Minn.) and Highway Subcommittee Chairman Tom Petri (R-Wis.), as well as Mary Eisenhower, President Eisenhower's granddaughter, and her son, Merrill Eisenhower Atwater, who accompanied the convoy on its cross country tour and kept a daily blog on the trip.

NSSGA Government Affairs Vice President Pam Whitted participated in the commemoration when the convoy stopped in Omaha, Neb. The ceremony was attended by the governor of Nebraska and mayor of Omaha and highlighted the presentation by Triple A of Nebraska of a granite replica of the state commemorating the 50th anniversary of Interstate. Articles tracing the progress of the convoy appeared in publications across the country during its movement east, culminating in a front page Washington Post story on June 28.

Also, the House Highways, Transit and Pipelines subcommittee held a hearing in tandem with the anniversary, entitled "Celebrating 50 Years: The Eisenhower Interstate Highway System." The hearing focused on the history of the interstate and the impact on the nation's culture, as well as looking at the future needs of the system.

The commemoration concluded with an ARTBA hosted dinner featuring remarks by Gen. Colin Powell. Powell highlighted the importance of the Interstate system to the nation's economic growth, national security, and way of life enjoyed by all Americans.

NSSGA thanks those who took time to participate in the convoy events, the forum, and by publishing articles on the anniversary of the National Interstate Highway System in their company and organization publications.

TRIP Releases State Reports in Commemoration of Interstate's 50th Anniversary

Over the past several months as part of its contribution to the 50th Anniversary of the National Interstate Highway System, The Road Information Program (TRIP) has issued more than 20 customized state interstate reports. These "future needs" reports focus on the history, benefits, trends, current conditions and future needs of the interstate system and provide an opportunity to educate the public and elected officials about the need to modernize our nation's (and each state's) road and bridge network.

The reports were issued at news conferences and generated a wealth of media coverage. TRIP partnered with national and state industry groups and AASHTO and its members to avoid duplication. The states for which reports have been issued recently include: Alabama, California, Colorado, Connecticut, Florida, Georgia, Kansas, Michigan, Mississippi, Missouri, New Hampshire, North Carolina, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Wisconsin and Wyoming.

NSSGA is a contributor to TRIP and assisted in disseminating the state reports to members of Congress and NSSGA members in the relevant states. The state reports can be accessed on TRIP's website. Please contact Government Affairs if you have any questions.

NSSGA Submits Comments on MSHA Emergency Temporary Standard for Mine Rescue

NSSGA has filed comments on the MSHA Emergency Temporary Standard for Mine Rescue. The primary issue for the aggregates industry was the 15-minute notification requirement. Even though recent legislation changed the reporting requirement to 15 minutes for some types of accidents, most of the 12 types of accidents that currently require immediate notification would be affected if the ETS requirements become permanent. The NSSGA comments suggest that MSHA draw a distinction between accidents that pose a threat to life, serious physical injury or require an emergency response for trapped or injured miners. For all other incidents, notification should remain as per the current regulations. NSSGA expressed similar concerns to Congress during consideration of the MINER Act. Click here to read the full text.

Industry Updates

• Aggregate Industries, Derwood, Md., has agreed to acquire Meyer Material Company for $231 million from U.S. Equity Partners, L.P. and Park Avenue Equity Partners, L.P. Completion of the acquisition is anticipated to occur in July, subject to regulatory approval. Meyer, based near Chicago, is a supplier of aggregates, ready-mix concrete and concrete paving products. The company's primary markets are located in the Northwestern part of Metropolitan Chicago and Southeastern Wisconsin. Meyer operates six sand and gravel pits as well as 25 ready-mix concrete plants and a concrete paving products manufacturing facility. Meyer has 125 million metric tons of reserves as well as underground reserves, which may be considered for future development. The company employs about 750 people.
• The City of Atlanta, Ga., has bought the Bellwood Quarry property from Vulcan Materials Co., Birmingham, Ala., and Fulton County, Ga., for about $40 million. On June 30, the city bought Vulcan's interest in its long-term lease for $25 million and Fulton County's underlying fee interest for $15.2 million. The quarry occupies 137 acres in northwest Atlanta, and has been in operation for more than 100 years, providing granite for roads, buildings and infrastructure in the metro area. This property will be converted into a new 300-acre park and greenspace to be developed along Atlanta's Beltline. It also will be the site of the city's 50-acre, 1.9-billion-gallon Westside drinking water reservoir. The new park will be the largest park in the city. Atlanta, Fulton and Vulcan will wind down quarry operations over the next two years. Vulcan has operated at the site under a lease arrangement since 1998.
• Granite Construction Inc., Watsonville, Calif., announced the appointment of Brian R. Dowd to the position of vice president and director of Human Resources. In this role, Dowd will oversee all aspects of the HR function, including such areas as Employee Relations, Labor Relations, Recruiting, Benefits and Compensation. Dowd reports to Granite President and CEO William G. Dorey.
• Florida Rock Industries, Inc., Jacksonville, Fla., announced the retirement of Dennis D. Frick as Corporate Secretary and Corporate Counsel effective June 30. Frick was appointed corporate secretary and corporate counsel of Florida Rock on October 1, 1992 and worked for the company for twenty-six years.

Nominations Sought for 2006 Wendt Commitment Award

NSSGA is seeking nominations for the 2006 Barry K. Wendt Commitment Award for an individual who personifies commitment to family, career and the aggregates industry. Barry was a longtime active associate member who devoted much of his work to advancing industry causes, and who did so with hard work and integrity. This award named in his memory is the highest honor an individual NSSGA member can receive.

The Barry K. Wendt Memorial Programs were established in 1998 as a lasting memorial and have been awarded annually to the nominee who best embodies the qualities that made Barry such a unique and inspiring individual. NSSGA will accept nominations until Sept. 1. Nominations are welcome from co-workers and peers of qualified NSSGA members. Applications are available by clicking here by contacting Diana Taylor at (703) 526-1081. Please complete and return the nomination form no later than Sept. 1, to the attention of NSSGA Wendt Commitment Award. The winner will be announced at the convention in 2007 in San Francisco. For more details, please contact Diana Taylor.

Call for Samples for Aggregate Research

Samples of masonry sand or aggregate material that is supplied for brick and block construction is requested to study the sand properties and its relationship to ASTM C 144, Standard Specification for Aggregate for Masonry Mortar. These samples are to be used to in a research project to study the grading requirements of ASTM C 144. The attached is the material transmittal form. Contact Jeff Greenwald if you need further details.

Each sand sample should have an accompanying material transmittal form. Further, it is requested that a fax copy of the form be sent to NSSGA. Multiple sands can be sent from one supplier, and we would ask that these sands be for use in masonry mortar mixes. Each sand sample must be accompanied with a separate form. Supplier information will be kept confidential and suppliers will be sent the test report for their individual sand sample. All suppliers will receive a copy of the final research report.

Occupational Health Program Overview Course

Are you thinking about implementing an occupational health program? Do you need some help figuring out what you need to do? There is an introductory workshop in connection with the 2006 Environment, Safety and Health Forum in Denver Sept. 13-15 that can help you with this important effort. Click here for the ESH Forum Schedule and Registration information.

Stay Afloat in the Tricky Waters of Regulatory Compliance--Attend NSSGA's Environment, Safety and Health Forum!

The Environment, Safety and Health Forum in Denver Sept. 13-15 is designed with regulatory managers, general counsel, government affairs personnel, operations managers and business development executives in mind. This unique learning experience brings together prominent decision-makers in the federal government, key regulatory experts in the aggregates industry, and academia in a forum designed to promote peer-to-peer interaction and government-industry dialogue.

Highlights include the following: Dr. Aubrey Daniels, a preeminent expert in workplace performance management, will be opening the forum by providing the keynote address. The Washington, D.C., law firm of Patton Boggs will provide a look into the legal process by presenting a mock trial in which neighbors and the local air pollution authority sue a quarry for both the nuisance effects and the health effects of fugitive dust.

Other sessions will focus on behavior based safety, safety management systems, New Source Performance Standards (NSPS), SPCC, wetlands, the potentially catastrophic nature of karst, equipment safety design, California silica research, legal topics, and regulatory "roundtables" hosted by members of government agencies.

For additional information including registration and lodging information, please contact Becky Morris or click here.

Sales, Marketing & Technical Conference Finalized

The Second Annual NSSGA Sales, Marketing & Technical Conference will be held Sept. 18-20 at the Indianapolis Downtown Hyatt Hotel. This three-day conference could change the way you manage yourself and your company.

Business/committee meetings will be held on the morning of Sept. 18. Tuesday will be a day of meetings with a key note speaker followed by a panel of industry experts and customers who will talk about what they need most from the aggregates industry. The afternoon will include a variety of breakout sessions on sales, marketing, product and business development ideas. Wednesday morning will be a half day with Jim Sisson (instructor of NSSGA's Basic and Advanced Sales courses) and consultants from Vantage Associates on leadership, both individual leadership and corporate leadership.

The event is co-hosted by several surrounding states and the Indiana Mineral Aggregates Association. Remember that alumni of the sales training classes receive a reduced rate to attend the event. This event is for anyone responsible for business development in his or her organization, region or territory.

A scramble golf tournament will be held at the "Brickyard Crossings Golf Course" at the famous Indianapolis 500 racetrack. The course literally runs inside the track. Registration information and event content will be on the NSSGA web site shortly. Hope to see you all there.

Don James Set to Keynote Automation Conference

The detailed schedule for the upcoming NSSGA Automation Conference & Expo, Oct. 21-24 in Dallas, is now available on NSSGA's website. The program will feature a keynote address by NSSGA Chairman of the Board Don James, president and CEO of Vulcan Materials Company. The event will also feature case studies of automated aggregates sites. Click on the above link to see the latest detailed information on this event.

Mark Your Calendars! NSSGA's Noise and Dust Workshop Returns in August

Since 1997, this award-winning program has been conducted at approximately 40 aggregates mine sites across the country, educating more than 350 students. This is a unique opportunity to learn how to conduct noise and dust exposure monitoring, record and interpret results and develop plans to reduce exposures below MSHA permissible limits.

The three-day workshop is two days of classroom application and one day of field work in which each participant puts noise and dust monitoring equipment on working miners, and collects exposure measurements under real-world circumstances. A competency exam is administered on the final day of the workshop.

The August workshop will be held in Oak Ridge, Tenn., Aug. 29-31. For registration and more information, please contact Becky Morris and/or click here.

Upcoming Environmental Management System (EMS) Course in Salt Lake City

NSSGA will hold an EMS Course in Salt Lake City, Utah, on Oct. 19 and 20. The course will provide a review of basic EMS principals, a discussion of the revised 2006 NSSGA EMS template, and a specific focus on implementation strategies. Students will have the opportunity to listen to other industry producer member's experiences with the NSSGA template; through case studies.

Registration will be limited to 15 students. Registration and lodging information to be determined. For further information, please contact Becky Morris. To purchase the 2006 NSSGA EMS template, click here.

'08 CONEXPO-CON/AGG Space Sales Open

As an NSSGA member, you are eligible for a special members discount on your exhibit space at CONEXPO-CON/AGG. The deadline for priority space assignments based on your NSSGA membership is Aug. 15. Information will be coming from show management that will help you secure your space. If you have questions about your NSSGA membership value, please call Tim Reagan at (703) 526-1085 or Andrew Dougherty at (703) 526-1076 for more information.

All the information you need to purchase your space is posted on the show's website at www.conexpoconagg.com.

NSSGA Government Affairs/Community Relations Forum Set for Baltimore in November

NSSGA's Government Affairs and Communications & Community Relations divisions have joined forces to present the first-ever Government Affairs/Community Relations Forum, Nov. 12-14 at the Radisson Plaza Lord Baltimore hotel in downtown Baltimore, Md. This exciting new forum will bring together experts and practitioners of government, community and public relations to share best practices with aggregates industry professionals. More information about the program and registration will be available on the NSSGA website shortly, as will the event brochure. But pencil in the dates now so you won't miss this great opportunity to learn and share.

Condolences

NSSGA notes with deep sadness the passing of longtime member Clyde Scanlon ("C.S.") Sands, 81, of Madisonville, Tenn., on June 19. Mr. Sands was a co-founder of Craighead Limestone Co., in Madisonville after his return from overseas duty in World War II. Memorials may be made to the First United Methodist Church, Madisonville, TN 37345 or AIMS Scholarship Fund, 28 East 69th Street, Kansas City, MO 64113.

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