BCA URGES A SIMPLIFIED AND REALISTIC SCHEDULE TO NEW EPA REPORTING RULE        

Business Council of Alabama President and CEO William J. Canary on Thursday commented on a proposed U.S. Environmental Protection Agency rule on electronic reporting of storm water and other point-source runoffs that are regulated by the Clean Water Act's National Pollutant Discharge Elimination System. Alabama administers its NPDES permit program. His concerns include implementation timing, duplicative reporting, whether the EPA can expand data requirements by regulation, error corrections, and electronic system failures.

The EPA on July 30 asked for comment on a proposed rule requiring electronic reporting of "essential NPDES facility-specific information" in a consistent, standard, and compatible NPDES format. Electronic data submittal if done properly can increase the quality of the data contained in a regulatory agency's database by eliminating transcription errors that can occur when paper data are converted into electronic form, Canary wrote the EPA. "Also, properly implemented electronic reporting can reduce the administrative burden on both regulated entities as well as the regulatory agencies," Canary wrote.

Canary said since implementing an electronic reporting system will be challenging within the proposed timeframe the EPA should verify it is tested and in place for all users. "Given the federal government's recent failed rollout of the healthcare.gov website, BCA cautions EPA to ensure that the necessary systems are completely functional prior to making its use a regulatory requirement," Canary wrote.

The BCA also believes that any new requirement should be implemented during the normal course of NPDES permit renewals or issuance in order to prevent stressing already underfunded programs. The BCA, which represents 4,000 members and nearly 1 million working Alabamians, also is concerned that Alabama will not be able to meet the EPA's proposed deadline of one year. The EPA said if a state is unable to meet the readiness criteria, it would have to double-report to its respective state agency and the EPA, a proposal Canary said is at odds with the EPA's national policy to "prevent needless duplication." The BCA believes that a 90 percent data acceptance rate required by the "readiness criteria" is unrealistic since Alabama has been electronic reporting discharge monitoring data for many years and its permittees have achieved roughly a 40 percent participation rate.

Eliminating the threat of double-reporting and reducing the burden on the states by grandfathering states like Alabama that currently electronically report NPDES information, and not subjecting them to the Proposed Rule, will allow Alabama to continue to implement its system, Canary wrote. He also said that a "minimum set of data" includes some that are not currently reported or currently required to be reported so it is questionable whether EPA may properly require the data through rulemaking.

Other concerns include changes needed to capture current narrative data submittals in an electronic system, a burden that could cause inadvertent inconsistencies, and having the ability to promptly correct any erroneous data entered into an electronic system. Incorrect data should be removed from the electronic system immediately upon being reported and should not be reentered into the system until the error is corrected. With this in mind, corrected state data should take precedence over EPA uncorrected data, Canary wrote.

The Federal Communications Commission is in the spotlight this week with commercial and consumer issues. The FCC is scheduled to auction spectrum licenses in mid-2015 and on Thursday the FCC voted to consider a proposal, which will require public comment, to allow airlines to authorize in-flight mobile wireless service on commercial flights. The commission said it will seek to solicit public input and will review it before taking any final action. Airlines could ban cell phone use or control the in-cabin communications environment. The FCC believes that technological advances can now prevent interference with ground-based wireless networks.

Bills have been introduced to block the FCC's proposal. One reason for opposition is being stuck next to a person's loud or obnoxious telephone conversation. The FCC says its role is to determine whether in-flight phone use would interfere with on-ground network but banning cell phone use would be up to individual airlines. The FCC vote along party-lines occurred despite a major public backlash by lawmakers, passengers and the union for flight attendants. FCC Chairman Tom Wheeler said the existing ban on in-flight cellphone use based on interference concerns is "outdated," The Hill reported.

The House Energy and Commerce Committee also advanced legislation to encourage federal agencies to auction their spectrums to the private sector. The Federal Spectrum Incentive Act, authored by Reps. Brett Guthrie, R-Ky., and Doris Matsui, D-Calif., would allow federal agencies to get some of the money from an auction of spectrum licenses, The Hill reported.

The National Association of Manufacturers said addressing debt and deficit issues is critical to maintaining competitiveness in the global economy. But the deal announced this week also amounts to an $8 billion tax on companies paying into the Pension Benefit Guaranty Corp. NAM Vice President of Tax and Domestic Economic Policy Dorothy Coleman released a statement about the bipartisan budget agreement reached by House Budget Committee Chairman Paul Ryan, R-Wis., and Senate Budget Committee Chairwoman Patty Murray, D-Wash. The House passed it overwhelmingly late Thursday.

"Unfortunately, this deal also comes at a cost for manufacturers in the form of increases in required premium payments to the Pension Benefit Guaranty Corporation by companies that sponsor pension plans," Coleman said. "Manufacturers bear this burden more than any other industry, and it amounts to an $8 billion tax increase on these companies."

The two-year budget deal is a major victory for Speaker John Boehner, R-Ohio, The Hill reported. It passed 332-94. The Democratic vote was 163-32 and the Republican vote was 169-62 with Republican U.S. Rep. Mo Brooks casting the state delegation's only no vote. Outside conservative groups lobbied against the bill, saying it wouldn't do enough to cut spending but Boehner attacked, saying they had "lost all credibility." The Senate could vote next week and President Obama has said he will support the deal. The final step will be for Congress to approve a spending bill by Jan. 16 to avoid a government shutdown. Spending will still increase from $967 billion to $1.012 trillion in 2014 and from $995 billion to $1.014 trillion in 2015.

Harper's bill would end the $3 taxpayer designation for presidential election campaign financing, the presidential election campaign fund, and the presidential matching payment account, Roll Call reported. A spokesperson for House Majority Leader Eric Cantor said the bill was amended and the revised text will terminate funding for political party nominating conventions, not the entire Presidential Election Campaign Fund.

Roll Call said groups urging a "no" vote included Common Cause, Democracy 21, the League of Women Voters, Demos, Public Citizen, U.S. PIRG, American for Campaign Reform, the Brennan Center for Justice, the Campaign Legal Center, and Citizens for Responsibility and Ethics in Washington.

Voting for the bill were Republican U.S. Reps. Robert Aderholt of Haleyville, Spencer Bachus of Vestavia Hills, Mo Brooks of Huntsville, Martha Roby of Montgomery, and Mike Rogers of Saks. U.S. Rep. Terri Sewell, D-Birmingham, did not vote.

Sen. Reid says jobless pay extension is next  

CQ Roll Call (Shiner, Dennis 12/12) "Senate Majority Leader Harry Reid, D-Nev., vowed Thursday to take up an extension of jobless benefits when Congress returns from its holiday break, saying it would be the 'first item of business' in 2014. Many Democrats had hoped unemployment insurance would be negotiated as part of a larger budget package drafted by Senate Budget Chairwoman Patty Murray, D-Wash., and House Budget Chairman Paul D. Ryan, R-Wis.

"There are a significant number of Republicans, especially in the House, who do not believe jobless benefits are necessary, and getting an extension signed into law without being attached to a must-pass provision could prove difficult. The Obama administration has estimated that 1.3 million Americans will lose benefits immediately when the current unemployment insurance measure expires on Dec. 28.

"When asked by WGDB whether he was concerned that the UI legislation could not pass the House as a standalone bill, Reid said: 'The politics of this are pretty strong. The people that are unemployed for long periods of time, they're Democrats and they're Republicans. This is an issue that the Republicans need, I think, more than we need'. White House Press Secretary Jay Carney wasn't willing to throw in the towel on getting a deal before the House leaves (Thursday), telling reporters after Reid's remarks that the White House still wants and expects Congress to act."

HHS Inspector General to probe Obamacare Website rollout  

Federal Times (Medici 12/11) "The Health and Human Services Department inspector general will investigate the development and procurement process behind Healthcare.gov, according to HHS Secretary Kathleen Sebelius. 'We need a thorough review of the contractor performance and program management structure that resulted in the flawed launch of the website', Sebelius said in a Dec. 11 blog post. The cost estimate of the Website rollout is more than $500 million.

"She said she has asked the inspector general to review the acquisition process, overall program management, and contractor performance and payment issues, and will take action to address any findings. 'The launch of Healthcare.gov was flawed and simply unacceptable', she said. She added the agency will also create a new 'chief risk officer' within HHS' Centers for Medicare and Medicaid to help mitigate development risks and develop metrics to measure the effectiveness of content management system programs.

"The chief risk officer will have 60 days to develop a series of recommendations to help prevent issues in future large-scale IT projects, Sebelius said. The agency will also update and expand employee training - including contractor and procurement management - and share best practices across the agency. 'While there is still more work to do, Healthcare.gov is working faster, it's responding quicker, and we are able to handle larger volumes of concurrent users', she said."

House approves compromise defense spending bill  

Politico (Wright, Summers 12/12) "The House on Thursday approved a compromise version of this year's defense authorization bill, kicking it to the Senate under a fast-track process that precludes senators from tacking on controversial amendments dealing with Iran sanctions and other divisive issues. The Senate is expected to take up the bill on Tuesday or Wednesday, according to Sen. Jim Inhofe of Oklahoma, the top Republican on the Armed Services Committee. It will need some Republican support to get the 60 votes required to advance.

"In the House on Thursday, Republicans and Democrats alike had a veiled message for their Senate counterparts: Pass the bill or risk being accused of letting down the military. 'To not pass this at this point is to jeopardize our national security and not support our troops', said Rep. Adam Smith of Washington state, the top Democrat on the House Armed Services Committee. The House's 350-69 vote was a major milestone in the last-ditch attempt by the leaders of the House and Senate Armed Services Committees to get this year's National Defense Authorization Act to President Barack Obama's desk before Christmas. The Senate's last attempt to pass a defense bill stalled before Thanksgiving.

"The chairmen of the two committees are urging reluctant senators to go along with the expedited plan. Otherwise, they warn, a number of must-pass authorities will expire at year's end, including special pays and bonuses for troops. On Monday, the committee leaders unveiled their compromise bill, which would authorize about $527 billion in base defense spending for the current fiscal year - in line with the Pentagon's request but well above the caps required under another round of sequestration or in the Budget Committee agreement making its way through Congress. The elevated spending level allowed the Armed Services Committees to sidestep tough strategic choices about what to cut and what to keep under another round of sequestration - but also meant that the bill passed by the House on Thursday is out of sync with the fiscal realities facing the Pentagon."