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Government Regulatory Agenda Released


The federal government has released its updated agenda of pending regulations and ongoing regulatory rollbacks, according to the National Stone, Sand & 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 actions are regularly delayed, canceled or otherwise altered.

Environmental Protection Agency (EPA) actions affecting aggregates operations include:

  • The final National Ambient Air Quality Standard for Particulate Matter rule is expected in December; NSSGA submitted comments on the proposed rule in June.
  • The Compensatory Mitigation proposed rule is expected in September; NSSGA submitted pre-proposal comments in 2019.
The Army Corps of Engineers regulatory actions affecting the industry that are upcoming include:
  • Proposed changes to the Nationwide Permits are listed as being released in June, although there obviously has been a delay.
The Department of Labor (DoL), which includes the Mine Safety & Health Administration (MSHA) and the Occupational Health and Safety Administration (OSHA), released its spring regulatory agenda. The agenda for MSHA includes items of interest to NSSGA members:
  • MSHA intends to publish a Notice of Proposed Rule Making (NPRM) on Respirable Crystalline Silica (RCS), which is anticipated in August; NSSGA submitted comments in response to the agency’s Request for Information on RCS in 2019.
  • The Powered Haulage proposed rule is anticipated in July that will include a potential safety program for mobile equipment at surface and underground mines. The proposed rule was previously anticipated in March of this year and NSSGA submitted comments in late 2018.
The spring regulatory agenda for OSHA includes items of interest to NSSGA members:
  • A proposed rule updating OSHA’s Hazard Communication Standard, which will harmonize the standard with updates to the international Globally Harmonized System of Classification and Labeling of Chemicals (GHS), is anticipated in August.
  • Proposed revisions to Table 1 in the Standard for Construction for Respirable Crystalline Silica (RCS) are anticipated in March 2021. They intend to examine tasks and tools not currently included in Table 1 and determine if revisions are appropriate. In April 2021, they also intend to reconsider the inclusion of a provision for medical removal protection for both construction and general industry.