Editor's Report

Sewer Construction May Be Delayed

A recent court ruling concerning the Clean Water Act may affect construction projects and municipalities nationwide.

The Second U.S. Circuit Court of Appeals in New York issued a landmark environmental ruling that may cause cities, construction firms

The case concerned the National Pork Producers Council and other concentrated animal feeding operations (CAFOs), but it could have consequences for sewer construction projects. There may be severe delays in obtaining general permits.

The Court ruled that the U.S. Environmental Protection Agency (EPA) cannot issue a CAFO general permit without reviewing the CAFO's proposed Nutrient Management Plan (NMP) and making the plan available for public review and comment. Previously, CAFOs and certain other operations subject to general permitting were able to proceed with growth projects providing the NMP or other implementation plan fit within EPA regulations, without EPA or public review of the plan. Because the Second Circuit's decision may require a potentially lengthy and burdensome review process, farmers, cities and others will likely face severe delays in obtaining general permits for the operation of CAFOs, the construction of sewer systems and other activities.

Water Resources Legislation Reported Out

The Associated General Contractors of America (AGC) recently congratulated the bipartisan leadership of the Senate Environment and Public Works Committee for reporting out legislation reauthorizing the Water Resources Development Act (WRDA). The measure (S. 728) would provide $7 billion for navigation and flood control projects undertaken by the U.S. Army Corps of Engineers (USACE).

"WRDA reauthorization is a key AGC priority and we are encouraged by the committee's commitment to move the nation's water infrastructure program forward," said AGC chief executive officer Stephen E. Sandherr. "We urge Congress to move quickly to pass this legislation, which hasn't been renewed in five years."

WRDA reaffirms the government's pledge to authorize, modify and improve projects, programs and policies protecting the nation from floods and keeping our waterways open to navigation. Without Congressional action, no new water resources development activity would be authorized to fulfill these important missions.

AGC represents more than 33,000 firms, including 7,000 of America's leading general contractors, and over 12,000 specialty-contracting firms. Over 14,000 service providers and suppliers are associated with AGC through a nationwide network of chapters.

Committee Approves OSHA Reform Bills

Associated Builders and Contractors (ABC) recently commended the U.S. House of Representatives' Committee on Education and the Workforce for approving four measures introduced by Representative Charles Norwood (R-Ga.) that the organization says will improve workplace safety and reduce regulatory burdens on the small businesses that make up the majority of America's construction industry.

"ABC applauds the House Education and Workforce Committee for approving these four bills and calls on the House leadership to bring the measures to the House floor for a full vote," said Kirk Pickerel, ABC president and chief executive officer. "The reforms contained in these four bills are vital to ensuring that the Occupational Safety and Health Administration (OSHA) carries out its duties in a fair, efficient, and responsible manner."

The four OSHA reform bills are:

• (H.R. 739) The Occupational Safety and Health Small Business Day in Court Act: This provides the Occupational Safety and Health Review Commission (OSHRC) with flexibility to use its discretion to extend the 15-day deadline for employers to file responses to OSHA citations to resolve cases on merit rather than legal technicalities.

• (H.R. 740) The Occupational Safety and Health Review Commission Efficiency Act: This increases the size of the Occupational Safety and Health Review Commission (OSHRC) from three to five members to increase the speed and efficiency with which workplace safety and health cases are reviewed and resolved.

• (H.R. 741) The Occupational Safety and Health Independent Review of OSHA Citations Act: This restores checks and balances by ensuring that the OSHRC, and not OSHA itself, interprets the law and provides an independent review of OSHA citations.

• (H.R. 742) The Occupational Safety and Health Small Employer Access to Justice Act: This requires that OSHA more fully assess the merits of a case before bringing unnecessary enforcement actions against small businesses.