The White House Council on Environmental Quality’s (CEQ) final rule, “National Environmental Policy Act (NEPA) Implementing Regulations Revisions Phase 2” (published May 1), earned swift rebuke from the Congressional leaders behind the permitting reforms in the Fiscal Responsibility Act (FRA). AGC echoes their concern that the rule will only exacerbate the permitting process, lead to more lawsuits, and delay projects further. The rule is likely to face action under the Congressional Review Act.
On Friday, April 26, the U.S. Environmental Protection Agency (EPA) once and for all denied a 2014 petition filed by the Center for Biological Diversity (CBD) to list discarded polyvinyl chloride (PVC) as a hazardous waste under the Resource Conservation and Recovery Act (RCRA). AGC has previously reported on this issue when AGC submitted comments to the EPA, and when there was a tentative ruling from EPA siding with AGC. This win comes in a large part thanks to the nearly 2,000 AGC members who took action and encouraged EPA not to move forward with regulating PVC.
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Newly final rule expected to trigger third-party lawsuits
On Apr. 22, the Federal Acquisition Regulation (FAR) Council published a new rule requiring federal agencies to procure “sustainable products and services” to the maximum extent practicable effective May 22, 2024.
AGC is pleased to announce the appointment of new members to serve on its Environmental Committee. Members of the committee have direct access to federal regulatory officials, influence over AGC’s environmental agenda, and a means to exchange valuable information with one another and industry peers. AGC’s environmental team appreciates the volunteers dedicating their time on the Environmental Committee, as well as the Climate Change Working Group and task forces. Join us in welcoming the new members to the committee.
Join us in St. Louis, Missouri, July 16 – 18, for this year's Construction Safety, Health & Environmental Conference
The U.S. Environmental Protection Agency’s (EPA) final rule to regulate certain per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund as it is more commonly known) has cleared the interagency review process. Completion of this step signals that EPA is very close to issuing the new rule. AGC has long discussed risk exposures for contractors associated with this regulatory approach: where contractors encounter these chemicals in earthmoving or dewatering activities. Most recently, AGC raised these concerns to the U.S. Senate Committee on Environment and Public Works as they considered possible implications of EPA’s forthcoming rule at a March 2024 hearing. Construction companies, along with several other industries, are at risk of litigation for contamination not originating with them. Many groups, like AGC, are asking Congress to step in to protect innocent parties from liability---provisions that the law currently does not provide.
On April 9, AGC and its coalition partners responded to a U.S. Army Corps of Engineers (Corps) proposal to revoke its agency-specific procedures (called “Appendix C”) for the protection of historic properties under Section 106 of the National Historic Preservation Act (NHPA) within the Corps’ permitting program. The Corps proposes instead to implement the NHPA through forthcoming guidance. AGC urges the Corps to retain the longstanding Appendix C process to safeguard public input through notice and comment rulemaking. Appendix C helps to streamline the NHPA and ensures that the scope of the Corps’ review of a project stays within the bounds of its narrow legal jurisdiction.