Energy & Environment

From the repeal and replacement of the 2015 definition of Waters of the United States and opening up the National Environmental Policy Act procedures, to reevaluating regulations on listing species and designating critical habitat; the spring Unified Agenda sets a busy schedule for the year ahead.

The U.S. Environmental Protection Agency (EPA) recently proposed a rule that would streamline the regulation of hazardous waste aerosol cans (currently managed under the Resource Conservation and Recovery Act (RCRA) Subtitle C, generally because of their ignitability, and subject to stringent rules on handling transport and disposal) by adding them to the existing federal list of materials that can be managed under the universal waste management system. EPA’s universal waste rules provide a streamlined hazardous waste management system for common industrial wastes like batteries, pesticides, mercury-containing equipment, and lamps.  (“Authorized” states would choose whether or not to adopt the new universal waste rules into their state programs.  Some states have already added them to their universal waste lists.)  This would likely simplify handling and disposal for contractors and save firms money (e.g., no manifest required for transport). Notably, because aerosol cans are often the only hazardous waste stream produced on a construction site, classifying them as universal waste could change a company’s “generator status” and exempt it from RCRA Subtitle C hazardous waste requirements. Universal wastes do not need to be counted toward a hazardous waste generator’s inventory for determining whether the generator is classified as a Very Small Quantity Generator, Small Quantity Generator, or Large Quantity Generator.

On April 12, the U.S. Senate confirmed attorney Andrew Wheeler, former lobbyist and congressional aide, to serve as the U.S. Environmental Protection Agency’s deputy administrator.  AGC had urged the Senate to confirm Mr. Wheeler’s nomination. If EPA Administrator Scott Pruitt were to leave the agency, Wheeler would be next in line to become acting administrator.

Recent meetings and calls for action at the federal level indicate that the Trump Administration is mounting a coordinated and collaborative approach to target all sources of lead exposure.  There are a slew of regulatory developments focused primarily on re-evaluating, clarifying, and potentially expanding the U.S. Environmental Protection Agency’s (EPA) current program that addresses lead paint hazards – the Lead Renovation, Repair and Painting (RRP) program.  In addition, federal agencies are considering other sources of lead exposure, including drinking water and soil.  Following is an update on federal activities related to lead pipes, paint, and dust.