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 鈥渞eleases of pollutants to groundwater are categorically excluded from Clean Water Act鈥檚 permitting requirements because Congress explicitly left regulation of discharges to groundwater to the states and to EPA under other statutory authorities.鈥 The full interpretive statement is online 鈥 click here. EPA had requested comment on the issue previously; 蜜桔直播 solicited input from member and submitted comments challenging EPA鈥檚 consideration of using the CWA permit program to regulate discharges to groundwater eventually making their way to a jurisdictional surface water. 蜜桔直播 strongly maintains that the CWA鈥檚 point source program does not regulate releases that reach 鈥淲aters of the U.S.鈥 (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 bird鈥檚 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鈥 territory.
July 23-25, 2019 in Seattle, Washington
On March 12, a bipartisan group of senators鈥攍ed by Tom Carper (D-DE) and John Barrasso (R-WY)鈥攊ntroduced an 蜜桔直播-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. 蜜桔直播 chapters 鈥 working with 蜜桔直播 of America 鈥 have won millions in federal funds to support 蜜桔直播 members鈥 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 Trump鈥檚 nomination of Andrew Wheeler as administrator of the U.S. Environmental Protection Agency鈥攁 move which 蜜桔直播 supported in a letter to the committee. The 11-10 committee vote fell along party lines. Acting Administrator Wheeler鈥檚 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) 鈥 consistent with applicable EPA penalty policies.