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Fall Federal Regulatory Agenda Released

The Trump administration released its updated agenda of pending regulations and ongoing regulatory rollbacks, according to the National Stone, Sand and Gravel Association (NSSGA).

The agenda does not include all expected actions, but it does provide projected dates on agency priorities for the coming year. The deadlines listed are dependent on numerous factors and rules, and actions can be delayed.

Major Environmental Protection Agency (EPA) rules affecting aggregates that are also expected to see progress in 2020 include:

  • The final replacement Waters of the U.S. Rule (WOTUS) is now expected in January 2020, a slight delay from the previous December deadline.
  • A proposed rulemaking for the particulate matter air quality standard is projected for April 2020.
  • NSSGA provided comments on EPA’s strengthening transparency in regulatory science rule in 2018; the agency is projecting a supplemental proposed rule in January 2020.
  • EPA’s compensatory mitigation for losses of aquatic resources is also on the agenda. The review and approval of mitigation banks and in-lieu fee programs is slated for a notice of proposed rulemaking for February 2020 and a final rule in September 2020.

The Army Corps of Engineers rules affecting the industry that are upcoming include:

  • Proposed changes to the Nationwide Permits are expected in December, with the comment period ending in February 2020.

The Department of Labor (DoL), which includes the Mine Safety & Health Administration (MSHA) agenda includes items of interest to NSSGA members:

  • A final DoL rule promoting the development of apprenticeship programs by third parties, including trade and industry groups and non-profit organizations, is expected in April 2020.
  • NSSGA responded to MSHA’s Respirable Crystalline Silica RFI in 2019; in 2020 the administration plans to analyze comments they received regarding permissible exposure limit (PEL) and personal protective equipment (PPE) during this pre-rule stage.
  • MSHA will continue to collect information about approaches to reduce miner exposure to diesel particulate matter (DPM) and diesel exhaust, which has consistently been on the agenda since 2016.
  • The Administration plans to continue regulatory reform efforts on its upcoming proposed rule regarding electronic detonators.
  • In 2018, NSSGA responded to MSHA’s RFI on Powered Haulage; the administration projects they will publish a proposed rule in March 2020.

“NSSGA relies on input from members to provide comment to the administration on critical issues that affect the aggregates industry,” said Michele Stanley, NSSGA vice president of government and regulatory affairs. “NSSGA thanks members who participate in this crucial step in ensuring regulations are as reasonable as possible.”