AGC member Don Weaver (Weaver Bailey Contractors, El Paso, Arkansas) testified today before the U.S. House Select Committee on Energy Independence and Global Warming regarding green construction practices in the construction industry. Weaver called for new federal incentives to encourage recycling of construction materials and purchase of more efficient construction equipment. He also stated that tax credits and incentives would reduce greenhouse gas emissions, boost economic activity, cut waste and lower construction costs.Noting that construction equipment accounts for only 0.86 percent of U.S. greenhouse gas emissions according to the EPA, Weaver (left) said that the construction industry has a long history of developing techniques and practices that enhance the environment.  He also noted that  the federal government can assist in these practices by offering appropriate incentives.AGC supports the creation of a federal investment tax credit for contractors to replace their existing diesel powered equipment, including front loaders and on-site generators.  Such an incentive would cut diesel fuel consumption and reduce emissions of diesel particulates and black carbon.  AGC also encourages federal and state agencies that commission construction projects to use local materials to save fuel and reduce emissions.To view a copy of Don Weaver’s full testimony, please visit www.agc.org/advocacy/environment.

The U.S. Environmental Protection Agency (EPA) has proposed tighter controls on stormwater discharges from construction sites - called effluent limitation guidelines (ELG) - which could cost the industry nearly $2 billion annually. Use AGC's Regulatory Action Center to submit customized comments to EPA today! The construction industry may comment only until February 26, 2009.

The recently-passed stimulus package includes $300 million to clean up diesel engines nationwide and could result in grants of more than $1 million for AGC Chapters to distribute to member companies. The grant funding has increased six-fold from fiscal year 2008 and is designed to help construction companies and other diesel users reduce emissions from their fleets, as well as promote economic recovery and preserve/create jobs.

The recently-passed stimulus package includes $300 million to clean up diesel engines nationwide and could result in a grant of more than $1 million for AGC Chapters to distribute to member companies. The grant funding has increased six-fold from fiscal year 2008 and is designed to help construction companies reduce emissions from their fleets.AGC members are encouraged to work with their local Chapters to begin preparing project proposals immediately. While EPA officials will explain the grant process at AGC's 90th Annual Convention in San Diego, March 4 at 8:30 am, AGC expects EPA to post online its official "Request for Applications" (RFA) in early March and hold it open for only 45 days (anticipated deadline for submitting proposals is April 13). Due to increased funding and compressed timelines, AGC encourages Chapters and members to begin work on proposals as soon as possible. The request for applications will be available at http://www.epa.gov/otaq/diesel/grantfund.htm and http://www.recovery.gov.EPA's diesel funds will cover: up to 100% for EPA-verified "retrofit" technologies (emission filters/catalysts), idle reduction technologies, and EPA-certified engine upgrades (kits only); 75% for engine repowers (new engine); and 25% for all vehicle or equipment replacements. EPA grants cannot fund the cost of emissions reductions currently mandated under federal, state or local law. Money will be awarded in May 2009; those projects that receive funding must be implemented between June 9, 2009 and September 30, 2010.For more information, click here or contact Leah Pilconis at (703) 837-5332 or pilconisl@agc.org.

Join us at the San Diego Convention Center on March 4-7, 2009, for AGC's 90th Annual Convention/Constructor Expo and attend 12 programs that focus on green construction and environmental regulatory issues. The Constructor Expo will also feature a "green pavilion" showcasing environmentally-friendly technologies, materials and products.

Use AGC's Regulatory Action Center to Submit Your Comments Today! The U.S. Environmental Protection Agency (EPA) has proposed tighter controls on stormwater discharges from construction sites - called effluent limitation guidelines (ELG).  The proposed ELG tells contractors how to control sediment discharges from their sites, at an annual cost of $1.9 billion.  Comments are due by February 26, 2009.  AGC Chapters and Members can easily send customized comments to EPA using a template letter on the AGC Web site.

On November 26, 2008, EPA published a direct final rule in the Federal Register to revise the definition of "navigable waters" of the United States, as the term applies to the SPCC rule, to comply with a recent court decision.

In late 2008, EPA finalized amendments that streamline requirements under the Spill Prevention, Control, and Countermeasure (SPCC) rule and proposed revised compliance deadlines under the rule.  A construction site with aboveground storage capacity of more than 1,320 gallons of oil (counting only tanks of 55 gallons or greater) is subject to EPA's SPCC rule if a spill could reasonably be expected to discharge oil to U.S. navigable waters or adjoining shorelines.  In a related rule, EPA revised the definition of "navigable waters" of the United States, as the term applies to the SPCC rule, to comply with a recent court decision.

In December 2008, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) issued joint guidance on the extent of federal control over water and wetlands.  Currently, a construction project owner or operator must receive approval from the Corps before building (i.e., conducting dredge and fill activities) in federally-controlled waters/wetlands.AGC commented on the 2007 draft version and brought meaningful change to the guidance.  Previously, a 2006 Supreme Court decision set some limits on what waters are subject to federal control, and the most recent guidance explains how both the Corps and EPA plan to exercise authority based on the decision.Click here for more information, or contact Leah Pilconis at (703) 837-5332 or pilconisl@agc.org.

More than 150 AGC chapter staff and members used AGC's Legislative Action Center to tell the U.S. Environmental Protection Agency (EPA) how California's costly and unsafe rule will impact their businesses.  Members took action in response to the California Air Resources Board request to EPA to approve the state's new standards for off-road diesel engine emissions, which would force construction companies in California to replace most of their heavy construction equipment.  In mid-December, AGC asked EPA either to deny that request, or in the alternative, to defer any decision until California considers AGC's formal petition to reopen or repeal the nation's first-ever statewide rule on the exhaust from existing fleets of off-road diesel equipment.AGC members nationwide expressed concern that the rule will needlessly force California builders to throw away billions of dollars worth of equipment at a time when the volume of construction work in California has fallen by $22 billion below the state's economic forecast and the state's construction industry has lost approximately 120,000 jobs.  The construction industry estimates that the cost of compliance will reach roughly $13 billion in California alone, and even the state has put the cost at $3.4 billion.  If other states across the nation adopt (or "opt-in") to California's requirements, the cost to industry will be many times greater.AGC continues to request that EPA hold public hearings on the waiver proceeding in California to make certain that the state's contractors have a meaningful opportunity to convey their concerns.To read the rule, AGC's petition, and AGC's comments to EPA regarding California's waiver request go to www.agc.org/carbrule (this Web page will continually be updated with the latest news and information).