Video Includes Details of association’s new climate change toolkit
AGC filed a joint April 18 “friend-of-the-court” brief in the case Sackett v. Environmental Protection Agency at the U.S. Supreme Court. The Court will take a fresh look at what are “waters of the United States” (WOTUS) under the Clean Water Act (CWA), which may limit federal agencies’ permitting and enforcement authority over construction work in isolated wetlands and ephemeral streams. The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers’ (Corps) will need to factor the Court’s decision into their planned WOTUS rulemakings.
AGC helps construction firms prepare for ripple effect
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On March 30, the U.S. General Services Administration (GSA) issued new carbon standards under its Facilities Standards for the Public Buildings Service (P-100) to require the use of lower carbon concrete products and asphalt paving practices for all GSA design and construction contracts that involve at least 10 cubic yards of those materials. The general contractor now must source concrete that meet specific carbon requirements; collect and maintain documentation associated with both materials; and, in the case of asphalt, employ carbon reduction practices such as recycled content or reduced mix temperatures.
AGC is pleased to announce the appointment of new members to serve on its Environmental Forum Steering Committee. Members of the steering committee have direct access to federal regulatory officials, influence over AGC’s environmental agenda, and a means to exchange valuable information with one another and industry peers. Join us in welcoming the new members.
On Feb. 17, the newly revised 2022 construction general permit (CGP) for stormwater discharges from construction activities took effect. The CGP applies to operators of construction sites in a few areas where the U.S. Environmental Protection Agency (EPA) is the NPDES (National Pollutant Discharge Elimination System) permitting authority. More importantly, NPDES authorized states that oversee their own stormwater permitting programs use it as a model for their permits. AGC supports the use of general permits as an effective tool to streamline the permit process and reduce administrative burdens for those projects with minimal impact. (Individual permits are available for larger-scale impacts.) AGC engaged in significant outreach with the agency to discuss ways to improve the permit. And although the permit has new requirements that can add cost for permittees, such as turbidity “benchmark” monitoring for dewatering discharges to sensitive waters, the agency sought to provide clarity on several points where AGC members have demonstrated to them confusion with the previous permit.
Agencies are working on the fourth and fifth versions in play since 2015
Following the nationwide vacatur of the 2020 definition of waters of the United States (WOTUS) under the Clean Water Act, the U.S. Army Corps of Engineers (Corps) reverted to using the 1980s regulatory regime with prior guidance when making decisions on federal jurisdiction over waters and wetlands. The Biden Administration has also moved forward with its two-step process to repeal and replace the 2020 rule. On Dec. 7, they published a proposal to reinstate the 1980s regulatory regime with changes that would codify the Administration’s interpretations of the relevant Supreme Court rulings. AGC is preparing comments in advance of the Feb. 7 deadline.
On Dec. 3, AGC submitted comments to the U.S. Fish and Wildlife Service on proposed changes that would codify the Biden Administration’s interpretation that the Migratory Bird Treaty Act prohibits incidental take---injury or harm that occurs incidental to otherwise lawful activities. If a bird or nest is injured or harmed in the normal course of construction activities, then this could expose contractors to criminal liability should the Service take enforcement action. The Service also sought feedback on a potential new permitting program for incidental take.