On February 7, The U.S. Environmental Protection Agency (EPA) lowered the primary annual air quality standard by 25 percent for fine particulate matter or PM2.5 (from 12 ug/m3 to 9 ug/m3). States and counties now need to evaluate whether they meet the new standard, and if not, set up plans to come into compliance. These plans take years to establish and can place an enormous burden on industry, leading to restrictions on equipment use, delays in the permitting process, and the potential loss of Federal highway funding— jeopardizing close to one million jobs. The potential impact on construction and the supply chain is great even if not immediate, as AGC explained throughout 2023 via individual and coalition comments here and here. At the same time, more than 84 percent of PM2.5 emissions are attributable to non-point sources such as wildfires and unpaved roads.

On Jan. 12, AGC responded to an Office of Science and Technology request for feedback on how they should develop a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice (EJ). Along with its coalition partners, AGC emphasized core concepts that underpin many of the association’s prior recommendations to federal agencies related to data collection and use: take steps to improve data quality, flexibility, and transparency, as well as provide for meaningful outreach with industry.

Recording of January 11 town hall now available

By Evan Milberg, Reprinted with Permission of Smartbrief

On December 27, AGC commented (coalition letter) on the U.S. Environmental Protection Agency’s (EPA) draft guidance on when discharges to surface waters via groundwater would require a Clean Water Act section 402 permit (National Pollutant Discharge Elimination System or NPDES). AGC’s primary concern is that the new guidance would lead EPA to consider prevalent stormwater infrastructure (such as sediment basins or retention ponds) as point sources requiring a NPDES permit. These stormwater controls are themselves often required by NPDES permits.

In November, the U.S. Environmental Protection Agency (EPA) quietly released draft guidance on when discharges to surface waters via groundwater would require a Clean Water Act section 402 permit (National Pollutant Discharge Elimination System). Regulated entities will need to determine whether a permit is necessary before discharges occur, and EPA will act if unauthorized discharges to waters of the United States (WOTUS) are discovered. This new guidance may impact the common practices of groundwater recharge and reinfiltration.

On Dec. 1, AGC raised concerns with the Interim Draft of the National Ordinary High Water Mark (OHWM) Field Delineation Manual for Rivers and Streams that federal agencies are using to identify tributaries and assert federal jurisdiction. (See coalition letters here and here.) The OHWM defines the boundaries of federal jurisdictional over a water and plays a role in calculating any required mitigation under the Clean Water Act. The manual takes an overly broad approach that could sweep in more water features as jurisdictional waters of the United States (WOTUS).

On November 22, the Federal Highway Administration (FHWA) released its Greenhouse Gas (GHG) Performance Measure final rule. You might recall, AGC issued this action alert, filed comments with FHWA, and supported congressional efforts to block the rule.

Please join AGC of America on January 11, 2024, from 2:00pm ET to 3:00pm ET for a virtual townhall staff update on federal environmental regulatory initiatives and AGC’s advocacy efforts. Open to all AGC members and Chapters, the meeting also provides an opportunity for industry professionals from various sectors to share best practices, discuss federal or state environmental and sustainability trends, and collaborate on ways to improve performance across the entire construction industry. There is no charge, but you must register to reserve a seat—click here.

AGC of America is now accepting session proposals for AGC’s 2024 Construction Safety, Health & Environmental Conference (July 16-18, 2024, in St. Louis, MO). This notice is a call for presentations for a limited number of speaking opportunities.