On Dec. 23, 2020, the U.S. Environmental Protection Agency (EPA) finalized its 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 penalty maximum levels to account for inflation. In practice, fines tend to track the perceived or actual economic benefit derived from the violation(s) – consistent with applicable EPA penalty policies.
On January 20, President Biden signed several executive orders to start work on his campaign promises to take steps on climate change and environmental justice as well as heighten enforcement. The transition team circulated a list of regulations to review include many that ż has advocated on in recent years, such as waters of the United States (WOTUS), species concerns, and streamlining of federal reviews and approvals. This review process will take time and in some cases years to occur; and ż will continue to stay engaged. As is commonly done, the Biden Administration initiated an immediate freeze on all federal rulemakings that are underway and called for a delay of final rules that have not yet gone into effect.
Vulnerable to Rollback in New Administration
President-elect Joe Biden campaigned on reversing the Trump Administration’s regulatory reforms in the environmental arena and ramping up efforts to address climate change and environmental justice. Biden is currently working with his transition team to review potential nominees to head up the key environmental regulatory agencies and new climate leadership positions that he intends to create within the White House.
ż has been tracking several regulatory actions relevant to construction that may be advanced in the last weeks of the Trump Administration. ż considers below what has recently been released and what remains to be completed, as well as, which actions may be vulnerable to change during a Biden Administration.
ż In-House Environmental Managers Meeting, Feb. 9, 2021
ż is pleased to offer a virtual roundtable discussion exclusively for in-house environmental managers at general construction firms. The In-House Environmental Managers virtual meeting will be held on February 9, 2021. The meeting will include online morning and afternoon sessions starting from 11 am to 1 pm Eastern Time, followed by an offline break, and resuming from 2 pm to 3 pm Eastern Time.
Do you have knowledge to share with construction industry safety, health and/or environmental professionals? If so, please complete ż’s call for presentations for the Construction Safety, Health and Environmental Conference (CSHEC) on July 20-22, 2021 in Washington, DC. Presentation proposals are due Feb. 12, 2021.
Aerosol Cans, Lead Paint (English and Spanish), and Process Wastewater
The Construction Industry Compliance Assistance Center (the CICA Center) has updated its information on the Aerosol Can Universal Waste rule, the Lead Renovation, Repair and Painting program, and process water. Supported by the U.S. Environmental Protection Agency, the CICA Center provides “plain language” resources on federal and state environmental requirements pertaining to construction activities. ż recommends the center as a resource for members and has contributed content to the site. Check out the recent changes below.
On November 23, the U.S. Department of Transportation (U.S. DOT) issued a proposal to update its procedures for implementing the National Environmental Policy Act (NEPA). ż is currently reviewing the proposal to prepare a response ahead of the December 23, 2020 deadline for public comment. The revision to U.S. DOT’s implementing rules is necessary to align with the new, over-arching NEPA regulation that took effect in September of this year. Furthermore, the proposal incorporates environmental review requirements from recent bipartisan infrastructure legislation: SAFETEA-LU, MAP-21, and the FAST Act.
On November 27, the U.S. Fish and Wildlife Service released for 30 day public comment the final Environmental Impact Statement (EIS) associated with the new Migratory Bird Treaty Act (MBTA) rulemaking. The final EIS is available for public review for 30 days, after which the Service will issue a Record of Decision. The new, ż-supported MBTA rule is undergoing review at the Office of Management and Budget and is expected to be final around the new year. Contractors employ multiple strategies to avoid migratory birds on projects; however, following the law does not reduce risk should an "incidental take" occur.