January 30, 2009 / Issue No. 1-09
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Editor's Note
White House Orders Regulatory Review
EPA Finalizes Oil Spill Rule, Proposes to Extend Compliance Deadlines in Streamlining Effort
‘Navigable Waters’ Definition Revised for Purposes of EPA’s Oil Spill Program
Federal Agencies Issue New ‘Dredge and Fill’ Permit Guidance Pertaining to Construction in U.S. Waters, Wetlands
AGC Urges EPA To Deny California’s Request to Enforce Costly, Unsafe Rule Requiring Replacement of Most Heavy Construction Equipment
AGC Action on CARB Rule Reported in The Washington Post
Congress Proposes Stimulus Funds for Voluntary Diesel Retrofit Program
Webinar Recording Available: Off-Road Diesel Issues Facing the Construction Industry
Green Construction
Recycling and Reuse Tips
News & Events
AGC Announces New Openings on the AGC Environmental Network Steering Committee
AGC Offers a Record Number of Green Construction and Environmental Sessions at its Upcoming 90th Annual Convention/Constructor Expo

  White House Orders Regulatory Review
Directive May Affect Implementation of New Oil Spill Program Amendments
On January 20, 2009, White House Chief of Staff Rahm Emanuel directed the heads of all federal departments and agencies to hold back some new and pending Bush Administration regulations so that these rules can be reviewed and approved by the administration of President Barack Obama. Though the specific effect of the directive is not yet fully known, it could delay the implementation of new amendments that streamline requirements under the Spill Prevention, Control, and Countermeasure (SPCC) rule and revised compliance deadlines under the rule. Also at issue are revised endangered species regulations issued just over seven weeks ago.

The White House order indicates that agency and department heads should withdraw proposed and final regulations that have not yet been published in the Federal Register and should consider delaying by 60 days the effective dates of rules that have been published but have not yet taken effect. In some cases, the public may have another opportunity to comment on regulations that were published but are not yet in effect.  There is an exception to the order for regulations in emergency situations or urgent circumstances relating to “health, safety, environmental, financial, or national security matters.”

This review is a tool commonly used by a new administration to delay so-called “midnight regulations” put in place by a former president between the election and Inauguration Day. [ return to top ]