A host of legal challenges have been filed against the U.S. Environmental Protection Agency’s (EPA) rule to tighten its ozone national ambient air quality standard (NAAQS) from 75 parts per billion (ppb) down to 70 ppb. A coalition of groups representing various industries are faulting what they say is EPA’s inadequate consideration of naturally occurring “background” ozone levels (ozone formed from sources or processes other than U.S. man-made emissions ) that might hamper states’ ability to attain the agency's tighter limit. EPA is promoting “regulatory relief mechanisms” to address the concerns of states and other interested parties.
A recently released Presidential Memorandum speaks to how federal agencies should, in their environmental reviews and permitting, address impacts on natural resources caused by construction and development – a process called “mitigation.” The new policy broadens the federal government's 26-year-old “no net loss” wetlands policy by expanding that concept to any natural resource and encouraging agencies to replace those resources even before construction begins.
AGC Explains What You Need to Know Today about Federal Jurisdiction over WOTUS
AGC Supports Online Lead Paint Training
The U.S. Environmental Protection Agency (EPA) finalized an AGC-supported rule that will allow contractors who are subject to EPA’s current Lead Renovation, Repair, and Painting (RRP) rule to complete the required “renovator” re-certification process via distance/online learning, rather than traveling to a more expensive in-seat program.
May Force Cities to Further Restrict Runoff from Construction and Development
The U.S. Environmental Protection Agency (EPA) is accepting public comments until March 21 on proposed changes to its general permit program for operators of municipal separate stormwater sewer systems (MS4s), which will ensure that cities are reducing pollutants in their runoff to the “maximum extent practicable” (MEP). The proposed rule addresses how small MS4s seek and incorporate public comment and agency reviews into their permits. The proposal would significantly change how cities obtain Clean Water Act (CWA) authorization to discharge stormwater from their systems and may force cities to further limit runoff from active construction sites and developed properties.
May Force Cities to Further Restrict Runoff from Construction and Development
The U.S. Environmental Protection Agency (EPA) is accepting public comments until March 21 on proposed changes to its general permit program for operators of municipal separate stormwater sewer systems (MS4s), which will ensure that cities are reducing pollutants in their runoff to the “maximum extent practicable” (MEP). The proposed rule addresses how small MS4s seek and incorporate public comment and agency reviews into their permits. The proposal would significantly change how cities obtain Clean Water Act (CWA) authorization to discharge stormwater from their systems and may force cities to further limit runoff from active construction sites and developed properties.
The House voted to halt the U.S. Army Corps of Engineers and Environmental Protection Agency’s 'Waters of the US’ rulemaking redefining jurisdiction under the Clean Water Act and prevent the administration from issuing a substantially similar regulation. This vote follows the Senate’s approval of the same resolution in November. The measure now heads to the president’s desk, where it is expected to be vetoed. Unfortunately, it is unlikely either the House or Senate will have the votes needed to override the president’s veto. AGC will continue to work with Congress and its industry allies to find a workable legislative solution to this rulemaking.
The nonpartisan Government Accountability Office (GAO), in response to a request from the top Republican on the Senate Environment Committee, concluded that several aspects of the social media and grassroots campaign undertaken by the Environmental Protection Agency (EPA) around the Waters of the U.S. (WOTUS) rulemaking violated provisions of the laws designed to protect against undue agency influence on the rulemaking process.
The U.S. Environmental Protection Agency (EPA) recently released a new tool to assist small residential lot builders in developing their required stormwater pollution prevention plans, or SWPPP documents. The Small Residential Lot SWPPP Template is an optional tool designed to streamline SWPPP development and is fully compliant with the SWPPP requirements in EPA’s Construction General Permit (CGP). EPA has invited states to modify the agency’s new template, as needed, for use with their state CGPs.
As just announced by AGC via its 2016 Environmental Rules Watch List, the construction industry can expect to see a wide range of regulatory action in the coming year, spanning the air, water and waste program areas. AGC works with federal agency staff during the rulemaking process to ensure that the construction industry’s voice is heard – analyzing and expressing the industry’s views on federal proposals to enact or modify laws that regulate contractors. AGC created a handout to help you track the development of environmental rules throughout 2016 and even weigh in on issues that are important to you and your business.