Today, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers have proposed a new clean water rule to replace the controversial 2015 Waters of the United States (WOTUS) rule. The 2015 WOTUS rule is undergoing legal challenges and is on hold in 28 states, creating a patchwork of regulations. Today’s proposal is intended to correct the regulatory overreach of the old rule while continuing to protect federal waters

New national directive tracks AGC contractor recommendations

This week, the U.S. Army Corps of Engineers (USACE or Corps) provided AGC and other stakeholders with an update on its efforts to “revolutionize USACE civil works,” highlighting three main objectives: (1) accelerate project delivery, (2) transform financing and budgeting, and (3) improve permitting and regulation reform. The Nov. 29 webinar meeting (click here for the slides) was a follow-up to a roundtable discussion held this spring at Corps’ headquarters and a request for public input on existing USACE regulations that may be appropriate for repeal, replacement, or modification. During each and every opportunity, AGC has provided the Corps with comprehensive comments, both in writing and during face-to-face meetings. Below is a listing of the Corps’ recent accomplishments to speed up Clean Water Act Section 404 permitting – as well as several key actions in progress – demonstrating that AGC’s input in being heard and acted upon.

Presentations from key federal agencies rounded out the expert management and risk sessions at AGC’s 2018 Construction Environmental Conference by providing attendees with updates and answering questions on several regulatory developments. As part of its conference wrap-up, AGC provides below a list of the issues the government agencies discussed along with links to relevant articles and AGC’s comment letters, where applicable. AGC appreciates the time and talent of all the speakers at the 2018 CEC that, based on participant feedback, exceeded expectations.

AGC recently participated in a roundtable discussion with the U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler to commemorate the one-year anniversary of the Smart Sectors Partnership and highlight initial successes. AGC took the opportunity to express support of EPA’s efforts to improve the clarity and speed of the permits it issues. AGC understands that state agencies issue most environmental permits; however, states use EPA’s permits/programs as a model. Improvements EPA makes can have a positive impact on state-issued permits. To this end, EPA is working on a policy for how the agency assesses the adequacy of state pollution control programs. Click here to see EPA’s priority goals and latest action plan.

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?

Submitted by: Jane C. Luxton and Amanda L. Tharpe

AGC Supported Revisions Included

Over the last year and a half, the Federal Government has initiated a fast-paced agenda for reviewing and revising environmental policies. AGC has tracked and responded to relevant changes through the pre-proposal and proposal processes. The Fall Unified Agenda, released this week, signals that the agencies have no plans to slow their pace.

The White House Office of Management and Budget (OMB) recently released a new memorandum (Memorandum M-18-25), in coordination with the Council on Environmental Quality (CEQ) and the Federal Permitting Improvement Steering Council, establishing a brand new “accountability system” to track and score federal agencies performance in meeting the President Trump’s two-year timeline for completing environmental reviews and authorization decisions on “major infrastructure projects.” The memo requires, and outlines the procedures by which, all agencies that have a role in environmental approvals for infrastructure must regularly track and measure their performance in meeting a list of goals that aim to expedite and improve infrastructure permitting. Agencies must submit tracking information to OMB and the Federal Agency Portal of the “Federal Infrastructure Permitting Dashboard.” OMB will score each agency’s performance, issue reports, and “consider each agency's performance during budget formulation and determine whether appropriate penalties... must or should be imposed.”