U.S. Legislative Issues
NAFA Weighs in on EPA RFS Proposal
On May 29, 2015, the Environmental Protection Agency (EPA) released the long-awaited proposed volume requirement for the renewable fuel standard (RFS). Created by Congress in 2005, and enhanced by legislation in 2007, the RFS governs the amount of ethanol that must be blended by refiners each year into the gasoline supply. The proposal also set out a trajectory of growth for biodiesel, calling for 1.63 billion of biomass-based diesel for 2014, 1.7 billion gallons for 2015, 1.8 billion gallons for 2016 and 1.9 billion gallons for 2017.
In response to a request for public input, NAFA officially weighed in with its comments to the proposal on July 27, 2015. In its statement, NAFA encouraged the EPA to consider stronger biodiesel standards, asking for not less than two billion gallons for 2016 and 2.3 billion gallons for 2017. NAFA also noted its appreciation of the EPA’s formal recognition of the real-world constraints that limit the amount of ethanol that can be safely blended into the fuel supply and urged the agency to reject any calls for mandated E15 use due to its negative impacts on production and profitability.
Federal Drug Testing Advisory Board Recommends Hair Testing
On August 7, 2015, the Substance Abuse and Mental Health Services Administration’s (SAMHSA) Drug Testing Advisory Board voted 9-0 to forward a recommendation to SAMHSA Administrator Pamela Hyde in favor of testing hair specimens as an alternative for federal workplace drug-testing programs. Should Hyde agree, the recommendation would then be taken up by the Department of Health and Human Services (HHS) which could then opt to issue proposed hair-testing guidelines. Ultimately, the Department of Transportation (DOT) could adopt all or part of the HHS hair-testing standards for truck drivers and other federal workers in "safety-sensitive" positions.
The recommendation comes after two years of study conducted by the advisory board. In forwarding this recommendation, the board effectively eliminates any potential concerns regarding the scientific methodology and forensic defensibility of hair testing.
While some motor carriers already use hair testing to screen potential and existing employees, current federal government regulations only recognize urinalysis as an acceptable testing method for pre-employment and random drug testing of drivers.
White House Announces Nominee for Top Trucking and Bus Regulator
On August 5, 2015, President Obama nominated Scott Darling to head the Federal Motor Carrier Safety Administration (FMCSA) as official Administrator. Darling has been the agency’s Chief Counsel since 2012 and has served as Acting Administrator for nearly a year.
Prior to joining FMCSA, Darling held the posts of Deputy Chief of Staff and Assistant General Counsel at the Massachusetts Bay Transportation Authority (MBTA), the public transit agency serving the greater Boston area. Darling also served previously as the MBTA's Environmental and Land Use Counsel as well as its Privacy Administrator.
Darling will need to be confirmed by the Senate when it returns from recess in September before officially taking over the post.
