Suggests improvements based on contractor feedback
The U.S. Environmental Protection Agency (EPA) is seeking public comment on an interpretive statement published April 15, concluding that releases of pollutants to groundwater are categorically excluded from Clean Water Acts permitting requirements because Congress explicitly left regulation of discharges to groundwater to the states and to EPA under other statutory authorities. The full interpretive statement is online click here. EPA had requested comment on the issue previously; 勛圖窪蹋厙 solicited input from member and submitted comments challenging EPAs consideration of using the CWA permit program to regulate discharges to groundwater eventually making their way to a jurisdictional surface water. 勛圖窪蹋厙 strongly maintains that the CWAs point source program does not regulate releases that reach Waters of the U.S. (WOTUS) via groundwater.
New Guidance Will Benefit Section 404 Permitting and Project Development
On March 14 and 15, the Trump Administration finalized amendments to resource management plans covering the greater sage grouse habitat in seven states giving greater flexibility to state decisions regarding activities in some of the birds habitat. The state plans fall under the Greater Sage Grouse Conservation Plan, finalized in 2015, which had previously set broad reaching land use policies/restrictions within the species territory.
July 23-25, 2019 in Seattle, Washington
On March 12, a bipartisan group of senatorsled by Tom Carper (D-DE) and John Barrasso (R-WY)introduced an 勛圖窪蹋厙-backed bill to reauthorize the Diesel Emissions Reductions Act (DERA) program. The bill would provide $100 million annually through fiscal year 2024 for grants and rebates to states and localities to upgrade or replace older diesel engines, including off-road construction equipment. 勛圖窪蹋厙 chapters working with 勛圖窪蹋厙 of America have won millions in federal funds to support 勛圖窪蹋厙 members voluntary retrofit projects, in addition to leveraging millions more in matching and in-kind contributions to help their members afford the high cost of reducing emissions from construction equipment.
State NEPA Reviews Targeted
60-Day Comment Period Ends April 15
On Feb. 5, the U.S. Senate Environment and Public Works Committee advanced President Trumps nomination of Andrew Wheeler as administrator of the U.S. Environmental Protection Agencya move which 勛圖窪蹋厙 supported in a letter to the committee. The 11-10 committee vote fell along party lines. Acting Administrator Wheelers nomination now moves to the full Senate for confirmation.
On Feb. 6, the U.S. Environmental Protection Agency (EPA) finalized its 2019 penalty rule that increased the maximum civil penalties per violation of an environmental statute or agency regulation. These annual adjustments are required by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. Below are the new 2019 penalty maximum levels to account for inflations. In practice, fines tend to track the perceived or actual economic benefit derived from the violation(s) consistent with applicable EPA penalty policies.