AGC has been tracking several regulatory actions relevant to construction that may be advanced in the last weeks of the Trump Administration. AGC considers below what has recently been released and what remains to be completed, as well as, which actions may be vulnerable to change during a Biden Administration.
AGC In-House Environmental Managers Meeting, Feb. 9, 2021
AGC is pleased to offer a virtual roundtable discussion exclusively for in-house environmental managers at general construction firms. The In-House Environmental Managers virtual meeting will be held on February 9, 2021. The meeting will include online morning and afternoon sessions starting from 11 am to 1 pm Eastern Time, followed by an offline break, and resuming from 2 pm to 3 pm Eastern Time.
Do you have knowledge to share with construction industry safety, health and/or environmental professionals? If so, please complete AGC’s call for presentations for the Construction Safety, Health and Environmental Conference (CSHEC) on July 20-22, 2021 in Washington, DC. Presentation proposals are due Feb. 12, 2021.
Aerosol Cans, Lead Paint (English and Spanish), and Process Wastewater
The Construction Industry Compliance Assistance Center (the CICA Center) has updated its information on the Aerosol Can Universal Waste rule, the Lead Renovation, Repair and Painting program, and process water. Supported by the U.S. Environmental Protection Agency, the CICA Center provides “plain language” resources on federal and state environmental requirements pertaining to construction activities. AGC recommends the center as a resource for members and has contributed content to the site. Check out the recent changes below.
On November 23, the U.S. Department of Transportation (U.S. DOT) issued a proposal to update its procedures for implementing the National Environmental Policy Act (NEPA). AGC is currently reviewing the proposal to prepare a response ahead of the December 23, 2020 deadline for public comment. The revision to U.S. DOT’s implementing rules is necessary to align with the new, over-arching NEPA regulation that took effect in September of this year. Furthermore, the proposal incorporates environmental review requirements from recent bipartisan infrastructure legislation: SAFETEA-LU, MAP-21, and the FAST Act.
On November 27, the U.S. Fish and Wildlife Service released for 30 day public comment the final Environmental Impact Statement (EIS) associated with the new Migratory Bird Treaty Act (MBTA) rulemaking. The final EIS is available for public review for 30 days, after which the Service will issue a Record of Decision. The new, AGC-supported MBTA rule is undergoing review at the Office of Management and Budget and is expected to be final around the new year. Contractors employ multiple strategies to avoid migratory birds on projects; however, following the law does not reduce risk should an "incidental take" occur.
On November 13, 2020, AGC submitted comments generally supportive of recently proposed revisions to the Nationwide Permits (NWP). The U.S. Army Corps of Engineers proposal included revisions to several NWPs, including modifications to the thresholds for streambed loss for certain permits, establishment of a new mitigation requirement, and clarifications to the pre-construction notification process. The Corps also intends to reissue the entire suite of NWPs for a new five-year cycle on an earlier timeframe (they are currently set to expire in 2022).
On Oct. 5, 2020, the U.S. Environmental Protection Agency (EPA) released a draft National Recycling Strategy for public input. The strategy organizes high-level actions around three strategic objectives to improve the U.S. recycling system: 1) reduce contamination, 2) increase processing efficiency, and 3) improve markets. The draft strategy is available for public comment through December 4, 2020.
Each year, AGC seeks nominations for qualified and motivated individuals from the AGC Environmental Forum to serve on the steering committee for the forum. Would you like to play a leadership role in AGC of America’s environmental advocacy, education and outreach efforts?
On September 22, AGC sent a letter of support for the Endangered Species Act (ESA) Amendments of 2020 introduced by Senate Environment and Public Works Committee Chairman John Barrasso (R-WY) ahead of a September 23 hearing on the bill. The bill complements and builds on changes the Trump Administration made last year by further empowering States and Tribes in the recovery of species, permitting the prioritization of resources, promoting recovery and delisting, and incentivizing engagement in voluntary conservation efforts. AGC also supports studying the administrative and litigation expenses associated with the ESA.