Coronavirus-caused Slowdown Contrasts with January Figures Showing a Majority of Metro Areas Added Construction Jobs; Officials Note New Infrastructure Funding and Paid Family Leave Fixes are Needed
Construction Firms Are Already Taking Steps to Protect Employees, Most of Whom Already Wear Protective Equipment, While Halting Work Will Undermine Efforts to Add Hospital Capacity
As of March 5, a majority of federal agencies, including the Department of Labor (DOL) and Environmental Protection Agency (EPA), have launched guidance portals in accordance with a pair of executive orders (EO 13891 and EO 13892). These measures, signed by President Trump in October 2019, intend to reduce the impact of agency guidance the White House believes has become a back-door means of regulation. The orders target significant guidance that could have the potential to impact the economy, the environment, public health, or state, local, or tribal communities.
On Feb. 27, the Environmental Protection Agency (EPA) released for public comment a draft of its general permit to regulate stormwater discharges from most industrial activities. Construction companies that perform activities associated with cement or concrete manufacturing, asphalt paving, minerals mining, or landfill operations will all likely be impacted by changes to EPA’s Multi-Sector General Permit (MSGP). The MSGP applies where EPA is the permitting authority and sets the standard for related general permits issued by states. AGC is working with a coalition to submit comments to EPA in advance of the deadline.
On Feb. 24, ҵ CEO Steve Sandherr, along with other national business leaders, spoke at a press briefing on the need to streamline the environmental review process for projects that require federal approval in order to unlock American investment in modern, efficient infrastructure while advancing good environmental stewardship. On Feb. 25, AGC presented the same message at the White House Council on Environmental Quality’s (CEQ) public hearing on proposed regulations out for public comment that would update the rules implementing the National Environmental Policy Act (NEPA).
AGC is preparing comments on a U.S. Fish and Wildlife Service proposed update to the Migratory Bird Treaty Act (MBTA) that would clarify when damage to protected birds would result in criminal charges. The Feb. 3 proposal would codify the Trump administration’s Solicitor’s Opinion M-37050 that determined “incidental take” resulting from otherwise lawful action does not violate the Act---and instead would prohibit actions specifically directed at migratory birds, their nests, or their eggs. Currently, construction contractors actively avoid and minimize impacts on migratory birds and implement protective measures outlined by the Service. However, that does not eliminate the risk of severe penalties. For further information on this proposal, click “learn more”
Save the Date for July 14-16, 2020, in Louisville, KY
On Jan. 23, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers finalized an AGC-supported rule to define “waters of the United States” – providing clarity when a federal permit is needed for work in or near federal waters. The new Navigable Waters Protection Rule better identifies federal waters, respects states’ primary role in land use and pollution prevention, and balances major case law from the last couple of decades.
Trump Administration Proposal to Reform the Federal Environmental Review Process Will Fix Problems with Current Process While Maintaining Environmental Rigor, Construction Officials Say
On Jan. 9, AGC urged members of the U.S. House of Representatives to oppose H.R.535, the PFAS Action Act of 2019. The bill, which is expected for a floor vote on Jan. 10, threatens to derail and overwhelm ongoing efforts at the U.S. Environmental Protection Agency (EPA) to study PFAS and develop science-based, protective regulations for specific types of PFAS when warranted. AGC further expressed its concern that the bill may result in mandates that put construction contractors unnecessarily at risk of Superfund liability on normal, “every day” projects where trace amounts of PFAS may be found in the dirt or groundwater. This bill will open contractors up to risk without specific “Good Samaritan” or innocent contractor provisions to protect them. AGC also joined other business organizations in a joint appeal to urge a “NO” vote on this measure.