The U.S. Environmental Protection Agency is working on a new rule related to hexabromocyclododecane (HBCD), a flame retardant chemical that was used from the 1980s until 2017 as an additive to polystyrene to make insulation boards for construction. An EPA risk assessment showed that there is a potential for worker exposure to HBCD particles. EPA has asked AGC to identify small business construction representatives who can advise a panel of government lawmakers on their respective technical and financial abilities to meet clean-up or handling requirements that may be put in place regarding HBCD insulation board. If you are a small business that uses/encounters polystyrene insulation boards in roofing, building envelopes or foundations during construction, renovation or demolition, then AGC is interested in hearing from you. AGC small-business contractors are needed to ensure the Agency takes a fair and balanced approach.
On April 27, the U.S. Environmental Protection Agency (EPA) announced the formation of a new agency council to address per- and polyfluoroalkyl substances (PFAS). In the memo, EPA Administrator Michael Regan also reiterated the agency’s commitment to the 2019 PFAS Action Plan. The chemical can be found in many products, soil, and water. AGC previously supported the 2019 PFAS Action Plan, because it outlined a deliberate approach to review the science and address concerns that arose. The agency is taking action on PFAS under several programs including air, significant new uses, wastewater, drinking water, and Superfund.
On March 15, the Securities and Exchange Commission (SEC) released a notice for public input on its current recommendations for disclosing climate risks and how it could change or supplement that process in the future. The Commission currently relies on its 2010 guidance to help entities understand how to identify and report on climate risks that could impact investors. Now, the SEC faces considerable pressure to revisit and expand the guidance to include more on material risks and environmental, social, and governance (ESG) factors. The SEC is asking for feedback on 15 topics associated with the regulation of climate disclosures---including how the rules should address private companies’ climate disclosures.
On March 16, bipartisan members of the House Transportation and Infrastructure Committee introduced the AGC- supported Water Quality Protection and Jobs Creation Act of 2021 (HR 1915). The bill would substantially increase federal funding assistance available to states and localities through the Clean Water State Revolving Fund (CWSRF).
In January, President Biden signed executive orders specifically charging federal agencies to focus on environmental regulations, climate change, and environmental justice. In the intervening weeks, the agencies have begun implementing those directives. We are seeing incremental steps taken as the nominees to head these agencies move through the confirmation process. The Senate just confirmed Michael Regan’s appointment to head the U.S. Environmental Protection Agency and hearings for other nominees have recently happened or are being scheduled. Agency activity is expected to increase as more appointed officials take the lead.
The U.S. Department of Interior has proposed to delay the effective date of the Trump Administration’s final rule to decriminalize incidental take (accidental harm) under the Migratory Bird Treaty Act (MBTA) finalized in January. AGC supports the Trump Administration's rule as it provides clarity and relief for industry and private citizens from prosecution for engaging in lawful actions that may result in the accidental injuring or killing of a migratory bird.
On Feb. 3, the Senate Committee on Environment and Public Works held a hearing for Michael Regan on his nomination for Administrator of the U.S. Environmental Protection Agency.
The U.S. Environmental Protection Agency (EPA) will host two information sessions in February on the 2021 Diesel Emissions Reduction Act (DERA) National Grants.
As part of his approach to addressing climate change, President Biden signed an executive order that directs a pause on entering into new oil and natural gas leases on public lands or offshore waters, as well as a rigorous review of existing leasing and permitting practices related to fossil fuel development and doubling renewable energy production from offshore wind by 2030. The order does not immediately affect the substantial number of leases entered into during the Trump administration. While AGC and its members look forward to new clean energy construction market opportunities, the association remains concerned about impacts to traditional energy markets and its members who perform that work.
In a January 27 Executive Order, President Biden initiated steps to mobilize the entire federal government to address climate change from every sector of the economy – and to motivate states and other countries to do the same. The EO falls short of declaring a climate emergency; however, it tasks the federal agencies to make and act on recommendations related to climate policies, environmental justice, labor, national security, energy, and conservation.