Íæż½ã½ã

Federal agencies recently have initiated action on several key environmental issues of importance to Íæż½ã½ã of America’s contractor members from the Waters of the United States rulemaking to proposed new lead-dust standards and re-evaluating the procedural elements of the National Environmental Policy Act.  In May, Íæż½ã½ã provided members with an advanced notice of these anticipated actions based on the Federal Government’s Spring Unified Agenda.  This summer, Íæż½ã½ã will be preparing written responses to the agencies as necessary on the five issues below.

Council on Environmental Quality

• On June 20, 2018, CEQ released an advanced notice of proposed rulemaking for an "" pursuant to Executive Order 13807 (related to the environmental review process).  Comments are due July 20, 2018.  To comment, go to and search for the Docket No. CEQ-2018-0001. 

Environmental Protection Agency

• and the 2015 Waters of the United States (WOTUS) Rule; EPA anticipates finalizing the repeal by November 2018, releasing the proposed replacement rule by August 2018 and finalizing that rule approximately a year later in 2019 (with the Army Corps of Engineers).  On June 29, 2018, EPA announced the release of a to its July 2017 proposed rule to withdraw (repeal) the 2015 WOTUS rule—clarifying some of the questions that had arisen following the 2017 proposal.  Comments on the supplemental proposal will be due 30 days following publication in the Federal Register.  To comment, go to and search for the Docket No. EPA-HQ-OW-2017-0203. 
• On June 15, 2018, Administrator Scott Pruitt signed a proposed action to establish no additional regulatory requirements under the Clean Water Act (CWA) section 311(j)(1)(C) authority for CWA hazardous substances (HS) discharge prevention. Based on an analysis of the frequency and impacts of reported CWA HS discharges and the existing framework of regulatory requirements, . Comments are due August 24, 2018.  To comment, go to and search for the Docket No. EPA-HQ-OLEM-2018-0024.
• On June 22, 2018, EPA announced .  EPA proposes to change the dust-lead hazard standards from 40 µg/ft2 and 250 µg/ft2 to 10 µg/ft2 and 100 µg/ft2 on floors and window sills, respectively. These standards apply to most pre-1978 housing and child-occupied facilities, such as day care centers and kindergarten facilities. In addition, EPA is proposing to make no change to the definition of lead-based paint because the Agency currently lacks sufficient information to support such a change.  Comments are due August 16, 2018.  To comment, go to and search for the Docket No. EPA-HQ-OPPT-2018-0166.
• On June 13, 2018, EPA announced an advanced notice of proposed rulemaking to "."  The comment deadline was recently extended to August 13, 2018.  To comment, go to and search for the Docket No. EPA-HQ-OA-2018-0107.

For more information, contact Melinda Tomaino at tomainom@agc.org.