EPA Deregulatory Actions to Outweigh Impact of New Rules in 2018

On Dec. 14, the U.S. Environmental Protection Agency (EPA) released its Semiannual Agenda of Regulatory and Deregulatory Actions and Regulatory Plan as part of the government-wide Unified Agenda—setting the path for the agency over the next yearOf particular interest to contractors, the Regulatory Agenda includes the repeal and replacement of the 2015 Waters of the United States Rule (see related article), which will remain a focus for the agency.  AGC also notes that the agency is reworking the 2015 coal combustion residual disposal rule (e.g., fly ash).
Although AGC was pleased that EPA preserved many forms of recycling/beneficial use common to construction, the rule itself has been controversial and is currently under litigation. AGC also has been tracking a new spill prevention rule for hazardous substances that EPA included on the current actions list. Finally, the agency will continue to fulfill its statutory obligation to periodically review National Ambient Air Quality Standards, on which AGC reports frequently because of the potential for disruption of highway funding in areas that are not in attainment of the standards.
Another issue of note is the delayed schedule for determining whether or not to propose lead paint “work practice” rules for public and commercial buildings (which moved to EPA’s long-term list in the spring and has remained there this fall).
For more information contact Melinda Tomaino at [email protected] or (703) 837-5415.

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