The newly released “Unified Agenda” outlines which regulatory initiatives the federal agencies will advance in the near term including on Waters of the United States (WOTUS) and per- and polyfluoroalkyl substances (PFAS). The agencies intend to complete several streamlining and reform efforts begun last year as well as new actions that are relevant to the construction industry. AGC of America looks at both in this article.

Finalizing in 2026
AGC expects to see final versions of several rules on which we submitted feedback during the proposal process.

• At the U.S. Environmental Protection Agency (EPA), the Unified Agenda includes final versions of the WOTUS rule, Clean Water Act Section 401 State Water Quality Certifications, and reporting and recordkeeping requirements for PFAS under the Toxic Substances Control Act (TSCA). NOTE: AGC commented on the WOTUS proposal in January 2026. A supplemental proposal is currently undergoing interagency review. AGC anticipates drafting another round of comments before we see a final version. The agency has not extended this process beyond 2026.
• The U.S. Fish and Wildlife Service (FWS) will finalize rules rescinding the definition of “harm” as well as how the Service lists species and critical habitat and handles interagency cooperation.

Future Rulemakings
AGC will be tracking and potentially commenting on several new initiatives related to stormwater, engine emissions, and toxics. We will review the proposals when available and evaluate based feedback from members and our policy positions. Member examples on how proposals would play out on a jobsite provide important information for AGC to convey to the agencies. Please stay tuned for opportunities to weigh in.

• EPA will take several steps related to the National Pollutant Discharge Elimination System (NPDES or stormwater) program, such as reissuance of its Construction General Permit, corrections, market-based approaches, and PFAS in permits. Under the Clean Air Act, EPA will take another look at its engine standards for model years 2027 and later for heavy duty vehicles and its phase-in schedule for Tier 4 light-duty and medium-duty vehicles. AGC also will review several PFAS initiatives and proposed rules under TSCA for multiple chemicals (e.g., asbestos, formaldehyde, etc.).
• FWS will propose deregulatory actions related to migratory birds and eagle permits. Furthermore, the Service plans to make several listing determinations. AGC will review the list for any large, multi-state listings.
• The U.S. Army Corps of Engineers will issue a proposal on gaining efficiencies in the Nationwide Permits.