Chapter 13 - § 13.4 • ENVIRONMENTAL AGENCIES THAT REGULATE CONSTRUCTION ACTIVITIES

• Jurisdiction: Colorado

§ 13.4 • ENVIRONMENTAL AGENCIES THAT REGULATE CONSTRUCTION ACTIVITIES

A myriad of federal, state, and local environmental agencies can become involved in a construction project, depending upon the circumstances. Agency roles are described in this section.

§ 13.4.1-Federal Environmental Agencies

Although other federal agencies also regulate specific environmental matters, the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and the U.S. Occupational Safety and Health Administration are the three administrative agencies most likely to be involved in a construction project.

The EPA is the primary federal agency that implements and enforces environmental protection legislation. The EPA has responsibility for federal regulation under most of the statutes addressed in this chapter. The COE is the primary federal agency that administers permit regulations under § 404 of CWA for discharge of dredged and fill material into wetlands and regulated surface waters, although the EPA also plays an important role. OSHA is charged to protect worker safety and health under the OSH Act. This includes setting and enforcing standards for exposure to hazardous substances and ensuring adequate communication of relevant health and safety information to workers.

§ 13.4.2-State Environmental Agencies

The Colorado Department of Public Health and Environment is the primary environmental state agency in Colorado. The CDPHE implements various federally delegated and state programs through its various divisions. The Colorado Water Quality Control Division administers water quality protection programs under the Colorado Water Quality Control Act.²⁰⁷ The Colorado Air Pollution Control Division implements air pollution programs under the Colorado Air Pollution Prevention and Control Act.²⁰⁸ The Hazardous Materials and Waste Management Division oversees requirements under RCRA and under the Uranium Mill Tailings Remedial Action Program. This division also enforces permits and standards for handling, storage, treatment, and disposal of hazardous, solid, and infectious waste and radioactive material.²⁰⁹ Finally, the CDPHE and local government often cooperate with the EPA during the study and cleanup of CERCLA sites in Colorado.²¹⁰

The Colorado OPS is a part of the Colorado Department of Labor and Employment. It is charged with regulating underground storage tanks in the state.²¹¹

§ 13.4.3-Local Environmental Agencies

Counties and home rule cities often have their own...