Twice a year the Administration updates its Unified Agenda with projected timelines for rulemakings and other actions. The spring agenda, released June 30, 2020, shows some delay in movement on key water programs that AGC has been tracking due to their relevance to the construction industry. AGC summarizes these developments below.

The Navigable Waters Protection Rule (NWPR) is in effect as of June 22, 2020. AGC has advocated every step of the way in this multi-year effort and supports the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers’ new rule. The rule appropriately distinguishes between federal and state waters and should bring greater clarity in the field. AGC provided a summary of the rule when the agencies finalized it in January of this year.

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The Trump Administration recently issued two executive orders (EO) that focus on supporting economic recovery during the pandemic and recovery that could bring opportunity for environmental regulatory relief as well as risk.

On May 19, 2020, the U.S. Environmental Protection Agency (EPA) proposed a rule to establish consistent requirements and procedures for the issuance of guidance documents. AGC has raised concerns previously with the use of guidance documents as “back-door regulations.” EPA Administrator Andrew Wheeler called the proposal, “…[A] major step toward increasing transparency in EPA processes and ensuring that EPA is not creating new regulatory obligations through guidance.” Comments are due on the proposal by June 22, 2020.

AGC’s Construction Safety, Health & Environmental Conference is the industry’s foremost annual conference to hone in on the most critical safety, health and environmental compliance and risk issues impacting the business of construction. As a leader in construction safety, health and environment, our top priority is the safety and health of our members, attendees, speakers and staff. We have been closely monitoring the progression of the COVID-19 pandemic and, due to phased re-opening restrictions in our host city, Louisville, Kentucky, we will be pivoting to a completely virtual experience for our July 14-16 schedule of events. Join us, wherever you are, for the same superior educational content and peer-to-peer engagement that you have come to expect from AGC.

U.S. The Environmental Protection Agency (EPA) proposed extensive updates to the Multi-Sector General Permit, which covers stormwater discharges from industrial activity. Construction companies that perform activities associated with cement or concrete manufacturing, asphalt paving, minerals mining, or landfill operations will all likely be impacted by the changes. AGC has several concerns with the proposed permit and submitted extensive comments with a broad coalition of industry partners on June 1, 2020.

On June 1, the U.S. Environmental Protection Agency (EPA) finalized an AGC-supported rule to update and clarify its regulations on state water quality certifications under the Clean Water Act (CWA). This is welcome news as many AGC members perform construction activities on land and water that require section 401 water quality certification before proceeding, such as work that relies on a federal dredge and fill permit. The new rule refines the scope of the certification review to those water quality concerns at the “point source” and sets timelines to ensure the process does not become overly protracted. These changes will streamline environmental permitting for infrastructure projects.

In a recent U.S. Supreme Court opinion in the Cty. of Maui v. Hawai’i Wildlife Fund (Maui) case, the Court expanded the U.S. Environmental Protection Agency’s (EPA) reading of its authority to regulate discharges to groundwater and created a new “functional equivalent” test that now leaves contractors confused about whether their stormwater storage ponds, basins and underground storage will require discharge permitting.

AGC has put safeguards in place so you can register with confidence AGC is moving forward with its annual Construction Safety, Health and Environmental Conference on July 14-16, 2020, in Louisville, Kentucky. As a leader in construction safety, health and environment, our top priority is the safety and health of our members, attendees, speakers and staff. We have been closely monitoring the progression of the COVID-19 pandemic and remain optimistic that we can deliver our in-person event this July. However, should circumstances not improve in the coming months, we are fully prepared to shift to an online format. Whether in-person or online, we are confident that we will be able to provide you with the same superior educational content and peer-to-peer engagement that you are used to from AGC.