Stone, Sand and Gravel REVIEW - January/February 2017 - 11

| REGULATIONS LOOK AHEAD

REGULATIONS ON THE HORIZON
By Ashley Amidon,
NSSGA Director of Government Affairs,
Emily Coyner,
NSSGA Director of Environmental Services
and Dale Drysdale,
NSSGA Vice President of Occupational & Environmental Health

THE ONSLAUGHT OF NEW and onerous regulations from
President Obama has ended. But which regulations will
President-elect Trump and his administration be able to fix?
Trump vowed to repeal job-killing regulation in general,
and specifically the Waters of the U.S. (WOTUS) rule and climate change regulations that are poised to affect aggregates
operations and permits. However, the mandate of President
Trump and a Republican Congress offers a unique opportunity
not just for repeal of unsound and needlessly burdensome
rules, but possible modernization of legislation that affects
permitting, such as the Endangered Species Act, Clean Water
Act and Clean Air Act. Any changes, however, will face strong
opposition from some members of Congress and environmental
groups who have already vowed to litigate any changes they
oppose. NSSGA will be busy urging the Trump administration
to make changes to existing policies to ensure that regulations are based on sound science and legal policy.
Waters of the United States
President-elect Trump repeatedly called for a repeal of the
WOTUS rule during his campaign, calling it "unlawful," and
vowed to put a moratorium on any new regulations that are
not mandated by Congress.
This is welcome news for aggregates operations, who
would otherwise be faced with costly mitigation of dry

streambeds and isolated wetlands to obtain permits for
new or expanded operations.
The EPA's controversial WOTUS rule radically expands
federal jurisdiction over waters that have little or no connection to flowing streams and rivers. Due to numerous
lawsuits, including one filed by NSSGA in 2015, the Waters
rule is currently under a nationwide stay. A Republican
controlled Congress could help repeal the rule, given the
president's passion for its abolishment and mounting opposition - including members of Congress. In November 2016,
the House Oversight and Government Reform Committee
released a report that said the WOTUS rulemaking process
"was rife with legal shortcuts, predetermined conclusions,
and politically-driven timelines."
It is expected that the new administration will ask that
the courts hold the case in abeyence, or suspension, while
WOTUS is withdrawn.
Updating Air Quality Standards
The EPA started its statutorily required review of the
coarse particulate matter standard. While there is no new
health data to justify a standard that airborne particulate matter be smaller than 10 micrometers in diameter,
NSSGA continues to work diligently to ensure that the
current standard is maintained. Otherwise, nearly every
aggregates operation would be at risk of having to cut
production in order to comply with air permits. The EPA
projects that the final rule will not be released until
2021. NSSGA is engaging the agency to see if they are
seeking scientific justifications for lowering the standard, which would indicate that they intend to pursue a
higher standard.

STONE, SAND & GRAVEL REVIEW, www.nssga.org 11


http://www.nssga.org

Table of Contents for the Digital Edition of Stone, Sand and Gravel REVIEW - January/February 2017

Regulations on the Horizon
Changes Ahead for MSHA in 2017
Legislative Look Ahead: The Impact of the 2016 Elections on Aggregates
New Conferences Begin in 2017
Rocks Build America – Yesterday and Today
Calportland Celebrates 125 Years of Service
Rip & Share
NSSGA@work
2017 Product Preview Section
Products & Services Guide
Index of Advertisers
Stone, Sand and Gravel REVIEW - January/February 2017 - intro
Stone, Sand and Gravel REVIEW - January/February 2017 - ebelly1
Stone, Sand and Gravel REVIEW - January/February 2017 - ebelly2
Stone, Sand and Gravel REVIEW - January/February 2017 - cover1
Stone, Sand and Gravel REVIEW - January/February 2017 - IBD
Stone, Sand and Gravel REVIEW - January/February 2017 - cover2
Stone, Sand and Gravel REVIEW - January/February 2017 - 3
Stone, Sand and Gravel REVIEW - January/February 2017 - 4
Stone, Sand and Gravel REVIEW - January/February 2017 - 5
Stone, Sand and Gravel REVIEW - January/February 2017 - 6
Stone, Sand and Gravel REVIEW - January/February 2017 - 7
Stone, Sand and Gravel REVIEW - January/February 2017 - 8
Stone, Sand and Gravel REVIEW - January/February 2017 - 9
Stone, Sand and Gravel REVIEW - January/February 2017 - 10
Stone, Sand and Gravel REVIEW - January/February 2017 - Regulations on the Horizon
Stone, Sand and Gravel REVIEW - January/February 2017 - 12
Stone, Sand and Gravel REVIEW - January/February 2017 - 13
Stone, Sand and Gravel REVIEW - January/February 2017 - 14
Stone, Sand and Gravel REVIEW - January/February 2017 - Changes Ahead for MSHA in 2017
Stone, Sand and Gravel REVIEW - January/February 2017 - 16
Stone, Sand and Gravel REVIEW - January/February 2017 - 17
Stone, Sand and Gravel REVIEW - January/February 2017 - 18
Stone, Sand and Gravel REVIEW - January/February 2017 - Legislative Look Ahead: The Impact of the 2016 Elections on Aggregates
Stone, Sand and Gravel REVIEW - January/February 2017 - 20
Stone, Sand and Gravel REVIEW - January/February 2017 - 21
Stone, Sand and Gravel REVIEW - January/February 2017 - 22
Stone, Sand and Gravel REVIEW - January/February 2017 - New Conferences Begin in 2017
Stone, Sand and Gravel REVIEW - January/February 2017 - 24
Stone, Sand and Gravel REVIEW - January/February 2017 - 25
Stone, Sand and Gravel REVIEW - January/February 2017 - 26
Stone, Sand and Gravel REVIEW - January/February 2017 - 27
Stone, Sand and Gravel REVIEW - January/February 2017 - 28
Stone, Sand and Gravel REVIEW - January/February 2017 - 29
Stone, Sand and Gravel REVIEW - January/February 2017 - 30
Stone, Sand and Gravel REVIEW - January/February 2017 - Rocks Build America – Yesterday and Today
Stone, Sand and Gravel REVIEW - January/February 2017 - 32
Stone, Sand and Gravel REVIEW - January/February 2017 - 33
Stone, Sand and Gravel REVIEW - January/February 2017 - 34
Stone, Sand and Gravel REVIEW - January/February 2017 - 35
Stone, Sand and Gravel REVIEW - January/February 2017 - 36
Stone, Sand and Gravel REVIEW - January/February 2017 - Calportland Celebrates 125 Years of Service
Stone, Sand and Gravel REVIEW - January/February 2017 - 38
Stone, Sand and Gravel REVIEW - January/February 2017 - 39
Stone, Sand and Gravel REVIEW - January/February 2017 - 40
Stone, Sand and Gravel REVIEW - January/February 2017 - 41
Stone, Sand and Gravel REVIEW - January/February 2017 - 42
Stone, Sand and Gravel REVIEW - January/February 2017 - Rip & Share
Stone, Sand and Gravel REVIEW - January/February 2017 - 44
Stone, Sand and Gravel REVIEW - January/February 2017 - 45
Stone, Sand and Gravel REVIEW - January/February 2017 - 46
Stone, Sand and Gravel REVIEW - January/February 2017 - 47
Stone, Sand and Gravel REVIEW - January/February 2017 - 48
Stone, Sand and Gravel REVIEW - January/February 2017 - 49
Stone, Sand and Gravel REVIEW - January/February 2017 - 50
Stone, Sand and Gravel REVIEW - January/February 2017 - NSSGA@work
Stone, Sand and Gravel REVIEW - January/February 2017 - 52
Stone, Sand and Gravel REVIEW - January/February 2017 - 2017 Product Preview Section
Stone, Sand and Gravel REVIEW - January/February 2017 - 54
Stone, Sand and Gravel REVIEW - January/February 2017 - 55
Stone, Sand and Gravel REVIEW - January/February 2017 - 56
Stone, Sand and Gravel REVIEW - January/February 2017 - 57
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Stone, Sand and Gravel REVIEW - January/February 2017 - 60
Stone, Sand and Gravel REVIEW - January/February 2017 - 61
Stone, Sand and Gravel REVIEW - January/February 2017 - 62
Stone, Sand and Gravel REVIEW - January/February 2017 - Products & Services Guide
Stone, Sand and Gravel REVIEW - January/February 2017 - Index of Advertisers
Stone, Sand and Gravel REVIEW - January/February 2017 - 65
Stone, Sand and Gravel REVIEW - January/February 2017 - 66
Stone, Sand and Gravel REVIEW - January/February 2017 - 67
Stone, Sand and Gravel REVIEW - January/February 2017 - cover3
Stone, Sand and Gravel REVIEW - January/February 2017 - cover4
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