Although signed on May 27, the Clean Water Rule: Definition of “Waters of the United States” (WOTUS) was not officially published in the Federal Register until Monday, June 29. The publication of the rule determined its effective date of August 28, 2015, and opened the door for legal challenges. Immediately following publication, at least 18 state attorneys jointly filed three lawsuits to block the rule. Tuesday, June 30, nine additional states jointly challenged the rule in federal court.

Check out the sessions in the compliance and sustainability tracks! Plan to join your peers at AGC’s 2015 Contractors Environmental Conference (CEC) on September 2-3, in Arlington, Virginia to explore ways to turn environmental responsibilities into successes for you and your firm.

Electronic Reporting Requirements Foster Greater Citizen Participation in Permit Review, Enforcement Processes On June 4, 2015, the U.S. Environmental Protection Agency (EPA) reissued its Multi-Sector General Permit (MSGP) pursuant to the Clean Water Act (CWA) for stormwater discharges associated with industrial activity, replacing the 2008 MSGP.

On June 4, the U.S. Environmental Protection Agency (EPA) released for public comment and peer review a draft of its highly anticipated assessment of the potential impacts of hydraulic fracturing (or fracking) on drinking water, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources (Draft Assessment). EPA did find instances where hydraulic fracturing activities have the potential to impact drinking water resources, but it also found that such cases were relatively rare, and not “widespread” or “systemic.”

Web Portal Will Be Exclusive Method for Making Most Disclosures The U.S. Environmental Protection Agency (EPA) plans to modernize and streamline its process for companies to self-audit and report to the agency violations of environmental laws, with a national online reporting tool. During a recent EPA webinar, EPA staff explained how the web-based “eDisclosure portal” will not change any of the Audit Policy’s and Small Business Compliance Policy’s (audit policies) purposes, incentives or qualifying criteria, but it will change the manner in which the audit policies are put into practice.

The U.S. Environmental Protection Agency (EPA) recently released final guidance on how best to assess and mitigate vapor intrusion, which occurs when vapors from below-ground contamination (soil or groundwater) rise into the indoor air of overlying buildings. EPA also has renewed efforts to include vapor intrusion in evaluations of sites for placement on the National Priorities List. AGC members should be aware of how EPA’s position on vapor intrusion may impact their operations.

In June 2015, the U.S. Environmental Protection Agency (EPA) finalized the first major revisions to the federal underground storage tank (UST) requirements since 1988 to help prevent and detect UST releases. With this action, EPA also amended the state program approval regulations. The final rule strengthens the existing UST requirements under the Resource Conservation and Recovery Act and sets the minimum release protection standards for tank programs in all states and on tribal lands.In June 2015, the U.S. Environmental Protection Agency (EPA) finalized the first major revisions to the federal underground storage tank (UST) requirements since 1988 to help prevent and detect UST releases. With this action, EPA also amended the state program approval regulations. The final rule strengthens the existing UST requirements under the Resource Conservation and Recovery Act and sets the minimum release protection standards for tank programs in all states and on tribal lands.

‘EJSCREEN’ Expected to Guide Agenda for Rule-Writers and Citizen Activists In its latest move to make environmental data more transparent and readily available to the public at large, the U.S. Environmental Protection Agency (EPA) has released a new environmental justice (EJ) screening and mapping tool (EJSCREEN) that uses high-resolution maps combined with environmental and demographic data to identify places with arguably higher pollution burdens and vulnerable populations. Some predict that EJSCREEN will serve as a powerful tool to environmental and other citizen groups who want to target EJ communities and the industrial operations within them. For EPA’s part, the agency states: “Engaging the public, meeting with stakeholder groups and affected people, and utilizing tools like EJSCREEN are some critical ways to consider environmental justice in EPA’s rulemaking actions.”

In May, the U.S. Environmental Protection Agency (EPA) announced recipients for brownfields investment grants and environmental training grants for Fiscal Year 2015 (FY15). These grants signal areas where communities may see future development as well as identify sources for job training and recruitment in many fields of interest for general and specialty construction firms.

Free Webinar to Explain New Web-based ‘eDisclosure’ System The U.S. Environmental Protection Agency (EPA) will hold webinars on June 10 and June 15 to describe its plan to modernize the implementation of its Audit Policy and Small Business Compliance Policy. The plan is called eDisclosure – a new centralized, web-based system for more efficiently receiving and processing violations disclosed to EPA under these policies.