Better Roads Digital Magazine
Issue link: https://read.dmtmag.com/i/128531
Highway HighwayContractor By John Latta The EPA and You. H ow often do we hear people in the business of highways and bridges refer not simply to environmental regulations but to [colorful language] environmental regulations To a degree, working with EPA is a lot like dealing with other agencies. The two keys seem to be, first, an awareness of the regulatory process that leads to the rules that tell you what you can and cannot do, must and must not do, and, second, a willingness to be a part of it. That is, don't wait for [colorful language] environmental regulations to affect your company or your agency's work, strike first. Howard Marks, the National Asphalt Pavements Association's vice president for environment, health and safety suggests that just a handful of key strategies can be the basis of an effective working relationship with both agencies such as EPA and their regulations. 1) Understand compliance obligations and interpretations 2) Comment on and offer suggestions on proposed regulations 3) Be aware of state agencies; they are not the Federal EPA. 4) Consider voluntary partnerships with regulatory agencies ONE: It is essential, says Marks, to understand precisely what rules and regulations apply to you and what your responsibility is and to make sure it's done. Bottom line, says Marks, is that environmental regulations are subject to broad interpretations and it is important to be aware that what you assume a regulation means may not be the way regulators apply it. Do some homework to be sure just how regulations can be applied to make sure you are in compliance. It may not be the way you think. TWO: EPA and like agencies offer chances for interested parties to make comments and suggestions, in other words to be involved in the process of writing the regulations that affect your work practices. There have been, on the other hand, examples of regulations arriving out of nowhere. But usually the chance to comment is there. Take it. Either through industry agencies or regular online checks of EPA and other agency websites (or automatic feeds and downloads of notices), it is possible to keep tabs on what is in the pipeline or under consideration and to know when, where and how you can comment. THREE: While most of the concern with existing and potential environmental regulations focus on the federal EPA, it's possible to forget that state agencies also have jurisdiction and oversight for protecting their environment. State environmental agencies have much greater leeway in their relationships with their industrial clients, says Marks. "The asphalt industry is a small source of emissions in overall terms. Because state agencies need to focus their efforts on reducing emissions from the larger sources, they may provide a little more flexibility small sources like asphalt plants. This offers a great opportunity for partnerships. "Our industry has a lot of sustainable technologies that might help state agencies meet their environmental control goals," says Marks. Be aware of how your state environmental agencies operate, says Marks, because they aren't mirror images of the federal EPA or of other states. FOUR: NAPA, as Marks points out, has partnered with agencies when regulations affecting the asphalt industry have been on the horizon. For example back in the 1990s, says Better Roads May 2013 17 HighwayCon_BR0513.indd 17 4/29/13 3:51 PM