FEDERAL UPDATE Emily Coyner National Stone, Sand & Gravel Association
Obama Trump
CASE FOR REGULATORY RELIEF Executive Branch: Freeze President Trump & Congressional Leaders: Reg Reform as top priority One in, Two out Regulatory Accountability, Jobs Fewer unfunded mandates to states Senate vulnerabilities
EPA ADMINISTRATOR Scott Pruitt, Oklahoma AG Sued over WOTUS and CPP Cost of Rules, State vs. EPA authority Energy top issue in OK-same for EPA? Balance of environment & economic growth Early notice of rulemaking
REG REFORM ROAD BLOCKS Senate Confirmations 11 EPA, Corps, FWS etc Senate filibuster & infighting Reviews/rules required: statute & court Court reaction Alec L. v. McCarthy Environmental Groups record fundraising
REG REFORM OPPORTUNITIES Executive Orders rescinded Rule revisions & changes Legislation on Jobs Impacts of Regs Appropriations; Agency Changes More Industry & State input Statute Tweaks (ESA, CAA, CWA, MSA)
LESSONS FROM THE PAST Don t bite off too much Delay, inactive enforcement yields shortterm benefits, but long-term uncertainty Must have solid legal & science record or won t stand up to litigation Minor technical changes less likely to be priority for future administrations Limited government vs. none
REALITIES Limited Days/Ability/Political Will Which rules can be fixed vs. laws Other priorities taxes, ACA, etc Must choose wisely Bipartisan, Coordination Will appointees/agencies be able fix bad rules and policies? Workforce issues: 14,000 vs. 100
NEXT 4 YEARS Limited, core-driven new rulemaking Jobs analysis by agencies Adequate notice of upcoming rules State issues: funding, suits & going beyond EPA limits Suits supporting agency actions vs. against agency
WOTUS New rule: long-term legal protection & clarity Litigation on hold for EPA/Congress Stay remains in place Legal challenges not over
WOTUS SCOTUS: April Hearing June Decision on Venue Administration must use care in how they reconsider/revoke/redo rule 250 page January 13 DOJ Brief arguments must be addressed
NATIONWIDE PERMITS March reissue; successful advocacy NSSGA comments accepted Keep NWP 44 limits Take out WOTUS language 54,000 comments; >99% NWP 12 & North Dakota Pipeline Additional tribal consultation Suits likely
EPA CONDUCTIVITY REPORT WV Fola Ruling: Liable for elevated SC even if no permit limit Comments due February 21 on draft Insects < where SC is high 2010 consideration of regional 300-500 us/cm 3 limit States: make standards
EPA CONDUCTIVITY REPORT GW vs. SW values; volume NSSGA comments: Correlation is not causation Unreliable field measurement Wide variability in healthy systems Feasibility & treatment issues Long term issue
CERCLA HARDROCK FINANCIAL ASSURANCE To ensure cleanup of abandoned processing mines that become SUPERFUND sites Hardrock = ore (vs. soft coal) SUPERFUND: chemicals & activities Aggregates operations have neither = NOT APPLICABLE*
AIR PERMITS PM standard 2022 Review process, CASAC crucial No new health effects date for PM10; IARC Study CAA 321 (a) Jobs Analysis Court ordered EPA to perform
ENDANGERED SPECIES ACT Land use issues important with leaders No net loss vs. net conservation gain Listing vs. delisting disparity Transparency; COI research Critical habitat Mitigation banking Bees & Butterflies
CWA, CAA & ESA REVISIONS Revisions tough TSCA model NAAQS Standard review of 5 years too short-science & States Startup, Shutdown & Malfunction Time Limit Veto under CWA CWA: extent of federal limits
COMMUNITY RELATIONS NIMBY & Keep It In the Ground activism & disruption likely to increase Important to continue with good works & education Value of Aggregates Operations Awards & Recognition Good Neighbor
WILDLIFE HABITAT COUNCIL 2016 UPDATE 2008 MOU TRAINING, OUTREACH & EXPOSURE BLUEGRASS, CEMEX, LAFARGEHOLCIM, LEHIGH HANSEN, OLDCASTLE, SUMMIT & VULCAN
NSSGA AGGREGATES IN ACTION Continue to educate elected officials Quarry tours Regulatory reform - not just stop Transportation funding NSSGA Action Alerts NSSGA Annual Meetings & Legislative & Policy Forum (Fly-In)