澳门六合彩开奖预测鈥檚 efforts to engage with the Trump Administration on environmental streamlining and regulatory reform are seeing results. Throughout the year, 澳门六合彩开奖预测 further developed our relationships with the federal regulatory agencies through increased dialogue and meaningful collaboration. In the following article, 澳门六合彩开奖预测 provides a snapshot of those efforts during 2018, which touch on some of the most important environmental concerns for the construction industry from 鈥渁pprovals鈥 to 鈥渨etlands.鈥
澳门六合彩开奖预测 participates in roundtable discussion with EPA Acting Administrator Andrew Wheeler. Photo courtesy of EPA.
澳门六合彩开奖预测 Supports Cooperative Programs to Promote Collaborative Relationships between Contractors and Regulators
Throughout 2018, 澳门六合彩开奖预测 worked in partnership with the U.S. Environmental Protection Agency (EPA) through the agency鈥檚 Smart Sectors program. Our partnership goals aim to promote better-informed rulemaking, reduce regulatory burden while remaining protective of the environment, and increase transparency about environmental performance. The partnership provided 澳门六合彩开奖预测 with multiple opportunities to interact with prior-EPA Administrator Pruitt and Acting Administrator Wheeler, as well as, Acting Deputy Administrator Darwin and top officials from each program office on environmental permitting, duplicative regulatory processes, and innovative enforcement initiatives.
This collaboration was further demonstrated at 澳门六合彩开奖预测鈥檚 2018 Construction Environmental Conference where representatives from many EPA program offices, as well as, the U.S. Army Corps of Engineers (Corps), and the U.S. Fish and Wildlife Service provided 澳门六合彩开奖预测 members with updates on their latest initiatives and answered members鈥 questions.
澳门六合彩开奖预测 Advocates for Environmental Review Streamlining and Permitting Reforms
- On Jan. 18, before the House Transportation and Infrastructure Committee in support of further federal environmental review and permit streamlining measures. The Committee is exploring funding strategies for infrastructure. Corps officials joined 澳门六合彩开奖预测 on the panel.
- 澳门六合彩开奖预测鈥檚 testimony highlighted how the uncertainty of the project permitting process is driving up construction costs. 澳门六合彩开奖预测 showcased its flowchart that illustrates the long and duplicative permitting/review process for large infrastructure projects. 澳门六合彩开奖预测 offered opportunities where Congress could help minimize delays; the top three of which are to implement a 鈥淥ne Federal Decision鈥 process, to merge the main environmental review and permitting processes so that they run concurrently instead of sequentially, and to reduce duplication in the many required studies and consultations.
- In Feb. 2018, the Trump Administration released an that included many items put forth by the 澳门六合彩开奖预测 Environmental Steering Committee. The document reflects that the administration seriously considered several of 澳门六合彩开奖预测鈥檚 recommendations, including support of 鈥淥ne Federal Decision鈥 for project reviews, firm deadlines for environmental reviews and permits, consolidated reviews, expansion of existing streamlining programs, and more.
- On April 9, the Trump administration unveiled an 澳门六合彩开奖预测-backed signed by more than a dozen federal agencies that establishes a coordinated and timely process for environmental reviews of major infrastructure projects.
- On May 3, 澳门六合彩开奖预测 participated in an Industry Initiative Permitting Stakeholder Session with the U.S. Army Corps of Engineers. The Corps has since initiated several efforts to accelerate project delivery and improve permitting.
- Also in line with 澳门六合彩开奖预测 recommendations, this fall: 1) the White House launched a performance, accountability system to track environmental approvals for major infrastructure projects; and 2) the Federal Highway Administration finalized rule to improve and streamline environmental review processes.
澳门六合彩开奖预测 Advocates for Sensible and Protective Environmental Rules and Regulatory Reform
U.S. Army Corps of Engineers
- On Mar. 12, 澳门六合彩开奖预测 filed Joint comments challenging Fort Worth District, USACE, Proposed Mitigation Guidelines that would limit new mitigation banks and drive up project costs.
- On Apr. 6, 澳门六合彩开奖预测 submitted comments on USACE directive to concurrently process two related permitting reviews when a project needs them: Section 408 permissions under the Rivers and Harbors Act (RHA) and Clean Water Act (CWA) Section 404 dredge and fill permits 鈥 in line with 澳门六合彩开奖预测鈥檚 recommendations.
- The Corps is also heavily engaged with the Administration鈥檚 effort to repeal and replace the 2015 Waters of the United States (WOTUS) rule (see EPA鈥檚 section below).
U.S. Environmental Protection Agency (EPA)
- Most of 2018 was spent 鈥渂etween proposals鈥 related to the repeal of the 2015 WOTUS rule (proposed in 2017) and the replacement rule (proposed in Dec. 2018). However, 澳门六合彩开奖预测 remained engaged with the Administration on this issue, meeting with both EPA and the Office of Management and Budget. Furthermore, 澳门六合彩开奖预测 submitted an Aug. 13 to EPA and the Corps supporting a supplement to the proposal to repeal the 2015 WOTUS rule. (Also, signing on to comments with , , and specific to applying the SWANCC decision.) about the official release of the proposed replacement rule on December 11, 2018.
- On May 15, 澳门六合彩开奖预测 submitted comments supporting proposed changes to recycling aerosol cans that introduce efficiency in the disposal process, which could save construction firms time and money.
- On May 21, 澳门六合彩开奖预测 commented (and submitted joint comments) on 鈥Pre-proposal Input on Regulatory Options for Discharges to Groundwater鈥 challenging EPA鈥檚 consideration of using the CWA permit program to regulate discharges to groundwater eventually making their way to a jurisdictional surface water.
- From June through Dec. 2018, EPA has been piloting an interim inspection policy that, although stops short of a full 鈥渇ind and fix鈥 policy that 澳门六合彩开奖预测 supports, pointedly addresses many 澳门六合彩开奖预测 concerns: it promotes onsite feedback, prompt correction of potential problems, and the issuance of timely reports from the agency post-inspection.
- On Aug. 13, 澳门六合彩开奖预测 summited a letter on an ANPR on better using cost-benefit analysis in the rulemaking process; urging EPA to use accurate data and consider full range of costs in cost-benefit analysis.
- On Aug. 16, 澳门六合彩开奖预测 on EPA proposal to tighten the lead-dust hazard standard; EPA proposed not to change definition of LBP. 澳门六合彩开奖预测 supports EPA鈥檚 recognition that more data is needed on the reliability of available technologies at those lower levels.
- On Aug. 24, 澳门六合彩开奖预测 also filed joint comments in support of EPA proposal not to initiate a new 鈥渟pill prevention, control, and countermeasures鈥 regulatory program under the Clean Water Act for discharges of hazardous substances.
U.S. Federal Highway Administration (FHWA)
- In May 2018, FHWA rescinded requirement for state departments of transportation to establish greenhouse gas performance measures; 澳门六合彩开奖预测 submitted multiple comment letters to the agency and White House.
U.S. Fish and Wildlife Service (FWS)
- On Jan. 5, FWS to remove the goal of 鈥渘et conservation gain鈥 from the Service鈥檚 Mitigation Policy and Endangered Species Act (ESA)鈥揅ompensatory Mitigation Policy, finalized in late 2016. 澳门六合彩开奖预测 asserts that that the 鈥渋mprovement鈥 goal is not supported under the ESA; the goal fails to provide a clear limit on how much mitigation is necessary and blurs the line between recommendations and requirements. FWS rescinded those policies in Aug. 2018.
- On Sept. 24, 澳门六合彩开奖预测 commented on three proposed rules that would revise the Endangered Species Act (ESA) re: the listing and delisting of species and plants, the designation of critical habitat, and the interagency consultations that are part of the approval process for projects that involve federal permits or funding.
White House Council on Environmental Quality (CEQ)
- On Aug. 20, 澳门六合彩开奖预测 provided preliminary comments in a on CEQ鈥檚 Advanced Notice of Proposed Rulemaking (ANPR) to update the procedural regulations that implement National Environmental Policy Act. 澳门六合彩开奖预测 pressed for consistency in the application of terms/provisions; limits on the 鈥渞ange of alternatives鈥 analysis; clarity on what project changes warrant re-evaluation and the shelf-life for data/documentation, etc.
澳门六合彩开奖预测 looks forward to working with the Trump Administration in 2019 on completing many of the initiatives above. For a look at what鈥檚 on the Federal Government鈥檚 to-do list for 2019, read 澳门六合彩开奖预测鈥檚 article on the environmental actions in the latest Unified Agenda.
For more information, contact Melinda Tomaino at tomainom@agc.org or Leah Pilconis at pilconisl@agc.org.