New Guidance Will Benefit Section 404 Permitting and Project Development

On March 14 and 15, the Trump Administration finalized amendments to resource management plans covering the greater sage grouse habitat in seven states giving greater flexibility to state decisions regarding activities in some of the bird’s habitat. The state plans fall under the Greater Sage Grouse Conservation Plan, finalized in 2015, which had previously set broad reaching land use policies/restrictions within the species’ territory.

July 23-25, 2019 in Seattle, Washington

On March 12, a bipartisan group of senators—led by Tom Carper (D-DE) and John Barrasso (R-WY)—introduced an AGC-backed bill to reauthorize the Diesel Emissions Reductions Act (DERA) program. The bill would provide $100 million annually through fiscal year 2024 for grants and rebates to states and localities to upgrade or replace older diesel engines, including off-road construction equipment. AGC chapters – working with AGC of America – have won millions in federal funds to support AGC members’ voluntary retrofit projects, in addition to leveraging millions more in matching and in-kind contributions to help their members afford the high cost of reducing emissions from construction equipment.

State NEPA Reviews Targeted

60-Day Comment Period Ends April 15

On Feb. 5, the U.S. Senate Environment and Public Works Committee advanced President Trump’s nomination of Andrew Wheeler as administrator of the U.S. Environmental Protection Agency—a move which AGC supported in a letter to the committee. The 11-10 committee vote fell along party lines. Acting Administrator Wheeler’s nomination now moves to the full Senate for confirmation.

On Feb. 6, the U.S. Environmental Protection Agency (EPA) finalized its 2019 penalty rule that increased the maximum civil penalties per violation of an environmental statute or agency regulation. These annual adjustments are required by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. Below are the new 2019 penalty maximum levels to account for inflations. In practice, fines tend to track the perceived or actual economic benefit derived from the violation(s) – consistent with applicable EPA penalty policies.

60-Day Comment Period Begins

Over the decades, determining where federal Clean Water Act jurisdiction lies has added regulatory uncertainty, delay, and cost to construction projects throughout the nation. The U.S. Environmental Protection Agency’s (EPA) recently proposed “Waters of the United States” (WOTUS) rule will help construction projects move forward in a timelier manner, clearly limit federal jurisdiction over water and wetlands, and continue to protect our nation’s clean water. Please contact the EPA today to let them know that you support clear federal clean water permitting guidelines.