Washington Report: Bipartisan Group of Legislators Question EPA

Also House Committee Passes Internet Gambling legislation and Small Business Lending Pool Expanded

July 30, 2010

House Energy and Commerce Leaders Question EPA on E15 Waiver Consideration, NACS Supports Solution with H.R. 5778
In a seven-page letter to Environmental Protection Agency Administrator Lisa Jackson, House Energy and Commerce Committee Chairman Henry Waxman (D-CA) and Ranking Republican Joe Barton (R-TX) and Subcommittee on Energy and Environment Chairman Ed Markey (D-MA) and Ranking Republican Fred Upton (R-MI) asked a series of questions regarding the Agency??s ongoing review of a petition to allow the sale and use of gasoline containing 15 percent ethanol.

"As you consider this petition, we believe it is important that you protect the investments the American people have made in their cars, trucks, boats, lawn mowers, and other engines and equipment, and the investments that many small business owners have made in their gas stations," the legislators wrote.

Among the questions asked in the letter, the legislators wanted to know if EPA could assure consumers that E15 would not adversely affect the operability, durability, safety and pollution control equipment on a variety of vehicles and engines; what authority EPA has to grant a partial waiver for E15 use in only a subset of vehicles or engines; if EPA was developing a plan to prevent the misfueling of unapproved vehicles or engines, and if so, to what extent EPA is working with private stakeholders in the development of that plan; and what kind and how many existing gas pumps and tanks can use E15 without risk of leak or equipment failure and how many are lawfully certified to sell the product.

The letter was delivered less than two weeks after Representatives Mike Ross (D-AR) and John Shimkus (R-IL) introduced H.R. 5778, the Renewable Fuels Marketing Act of 2010, written to address some of the issues outlined in the letter. Specifically, H.R. 5778 would direct EPA to establish a process through which retailers could have existing equipment evaluated for compatibility with and legally authorized to store and dispense new fuels. In addition, H.R. 5778 would require EPA to issue labeling regulations to inform consumers about appropriate and legal uses of new fuels. Retailers who comply with such requires would not be subject to Clean Air Act violations or liable for engine warranties if the self-service customer ignores the labels and misfuels their vehicle or engine.

As of Thursday evening, Reps. Ross and Shimkus had secured the following representatives as cosponsors of H.R. 5778: Jo Bonner (R-AL), Ed Whitfield (R-KY), Walter B. Jones (R-NC), Jim Matheson (D-UT), Ed Royce (R-CA), Rick Boucher (D-VA), Aaron Schock (R-IL), Roy Blunt (R-MO), Baron Hill (D-IN) and John Sullivan (R-OK).

Click here to ask your Representative to cosponsor this important bill.

NACS Staff Contact: John Eichberger, jeichberger@nacsonline.com

Financial Services Committee Passes Internet Gaming Legislation and Jeopardizes Foot Traffic in Convenience Stores
On Wednesday the House Financial Services Committee passed legislation to enable Americans to bet online. H.R. 2267, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act of 2009 would establish a federal regulatory and enforcement framework under which Internet gambling operators could obtain licenses authorizing them to accept bets and wagers from individuals in the United States. The legislation comes in response to the enactment of Unlawful Internet Gambling Enforcement Act (UIGEA), which restricted the use of the payments system for Americans who gamble online.

As reported earlier this week NACS opposes this bill. Most NACS members sell lottery tickets, although convenience stores do not receive significant revenue from these sales. Rather, they depend on the foot traffic the lottery sales generate. Small business owners operating convenience stores across the country will be significantly hurt by the loss of income from these foot traffic sales if states sell even a portion of their lottery tickets over the Internet.

Importantly, small business owners operating convenience stores serve as a line of defense between lawful lottery sales and gambling abuses. Because age verification services can be easily circumvented on sales over the Internet, technologies that screen for age are not as effective as requiring face-to-face transactions with individuals who are trained to sell age-restricted products. Minors have access to their own debit and credit cards and can get access to adult age identification information. As a result, large bills can be generated in a very short time by a minor playing lottery games.

NACS will continue to oppose this bill in its current form unless the lottery provisions are removed.

NACS Staff Contact: Lyle Beckwith, lbeckwith@nacsonline.com

$30 Billion Dollar Small Business Lending Pool Passes Senate
On July 22nd Senate Small Business Chairwoman Marry Landrieu (D-LA) was successful in forcing a vote on an amendment that replaced the $30 billion dollars in small business loans that was originally stripped out of the Small Business Bill. Democrats with the help of Sens. George LeMieux (R-FL) and George Voinovich (R-OH) unanimously back the amendment.

This critical piece of legislation gives the hard working business on main street access to capital to help foster growth in these financially fragile times.

NACS Staff Contact: Corey Fitze, cfitze@nacsonline.com

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