On December 27, AGC commented (coalition letter) on the U.S. Environmental Protection Agency’s (EPA) draft guidance on when discharges to surface waters via groundwater would require a Clean Water Act section 402 permit (National Pollutant Discharge Elimination System or NPDES). AGC’s primary concern is that the new guidance would lead EPA to consider prevalent stormwater infrastructure (such as sediment basins or retention ponds) as point sources requiring a NPDES permit. These stormwater controls are themselves often required by NPDES permits.

Construction Firms Have Mixed Outlook For 2024 As Expectations For Demand Remain Mostly Positive, But Less Upbeat Than Last Year Amid New Challenges

In November, the U.S. Environmental Protection Agency (EPA) quietly released draft guidance on when discharges to surface waters via groundwater would require a Clean Water Act section 402 permit (National Pollutant Discharge Elimination System). Regulated entities will need to determine whether a permit is necessary before discharges occur, and EPA will act if unauthorized discharges to waters of the United States (WOTUS) are discovered. This new guidance may impact the common practices of groundwater recharge and reinfiltration.

On Dec. 1, AGC raised concerns with the Interim Draft of the National Ordinary High Water Mark (OHWM) Field Delineation Manual for Rivers and Streams that federal agencies are using to identify tributaries and assert federal jurisdiction. (See coalition letters here and here.) The OHWM defines the boundaries of federal jurisdictional over a water and plays a role in calculating any required mitigation under the Clean Water Act. The manual takes an overly broad approach that could sweep in more water features as jurisdictional waters of the United States (WOTUS).

On November 22, the Federal Highway Administration (FHWA) released its Greenhouse Gas (GHG) Performance Measure final rule. You might recall, AGC issued this action alert, filed comments with FHWA, and supported congressional efforts to block the rule.

Please join AGC of America on January 11, 2024, from 2:00pm ET to 3:00pm ET for a virtual townhall staff update on federal environmental regulatory initiatives and AGC’s advocacy efforts. Open to all AGC members and Chapters, the meeting also provides an opportunity for industry professionals from various sectors to share best practices, discuss federal or state environmental and sustainability trends, and collaborate on ways to improve performance across the entire construction industry. There is no charge, but you must register to reserve a seat—click here.

AGC of America is now accepting session proposals for AGC’s 2024 Construction Safety, Health & Environmental Conference (July 16-18, 2024, in St. Louis, MO). This notice is a call for presentations for a limited number of speaking opportunities.

If you work in-house at a construction firm and cover environmental issues, you may be interested in AGC’s peer discussion meeting on Feb. 7 at AGC’s headquarters in Arlington, Va. AGC holds these small, focused discussion sessions twice a year at the request of the members to learn from their peers with similar responsibilities, opportunities and challenges.

Help Us Generate a Comprehensive Outlook for 2024 by Taking the Survey Each year around this time, AGC asks you – our members – to predict what next year will be like for your business. AGC has partnered with Sage to prepare questions that focus on expectations for market performance, hiring, labor market conditions, etc. Please take a moment to complete the survey here. AGC of America will use the survey results to help make the case with elected and appointed officials in support of key member priorities. The more people who complete the survey by Thursday, December 7, the more effective the results will be in supporting our work on your behalf.