The Federal Highway Administration (FHWA) has delayed implementation of a rule requiring states to develop performance measurements for tracking Greenhouse Gas (GHG) emissions for federal-aid highway projects. The delay was in response to a memorandum issued by President Trump on the first day of his administration freezing pending regulations until they can be reviewed. The freeze gives agencies time to determine if pending rules should be issued as proposed or if they should be rewritten or withdrawn entirely. The GHG rule was issued by the Obama Administration in its final days in response to a Congressional directive in MAP-21 to develop metrics to determine the effectiveness of federal investment in the performance of freight movement, congestion relief and the air quality program.
AGC questioned FHWA’s authority to issue the rule at the time and has since written to new Transportation Secretary Chao suggesting that it be rescinded, as AGC believes that the regulation goes beyond MAP-21 requirements. Not only did MAP-21 specify what performance standards were to be adopted, it also specifically did not include GHG emissions and furthermore told U.S. DOT to not go beyond the performance measurements articulated in the law.
For more information, contact Brian Deery at [email protected] or (703) 837-5319.