News

Browse by Date - 201610

EPA Clarifies When Facilities Need Controls for Greenhouse Gas Emissions to Build, Expand or Operate

On Aug. 26, the U.S. Environmental Protection Agency (EPA) quietly released a proposal to clarify when facilities will need to set controls for greenhouse gas (GHG) emissions in order to obtain necessary air permits prior to construction or major upgrades and even to be operated.  AGC is reviewing the proposal and plans to submit its comments by the Dec. 2 deadline.

EPA Updates and Enhances the Tools for Implementing, Enforcing Its Lead Renovation, Repair and Painting Program

The U.S. Environmental Protection Agency (EPA) recently revised its uniform guidance for EPA-credentialed inspectors who monitor compliance with the federal Lead Renovation, Repair and Painting (RRP) rule.  For the regulated community, EPA has taken steps to bring many aspects of the firm certification and individual renovator training/certification processes online, seemingly to streamline compliance with the rule.  EPA also regularly updates its online collection of Frequent Questions on the Lead Program to clarify requirements for industry, including specific work practices that renovators must follow.  This article recaps recent developments related to the implementation and enforcement of EPA’s Lead RRP rule. 

EPA Decides When States May Exclude 'Exceptional' Air Quality Data from Regulatory Determinations

The U.S. Environmental Protection Agency (EPA) published a final rule on October 3 to make it easier to exclude tainted data from the agency’s future assessments of compliance or non-compliance with its National Ambient Air Quality Standards (NAAQS).  EPA also finalized guidance for states seeking to demonstrate that a wildfire event affected monitored ozone concentrations.  This package of documents could be critical for states looking for all possible options to help them attain EPA’s tighter ozone NAAQS issued in October 2015.

Help Ensure the Future of Free Online Environmental Resources for the Construction Industry

Join AGC in becoming recognized supporters of the great environmental compliance and green construction resources available online at the Construction Industry Compliance Assistance (CICA) Center.  AGC worked with the U.S. Environmental Protection Agency to develop this popular (free) resource more than a decade ago; and it boasts 14,000 visits a month.  When federal budget cuts slashed funding for industry compliance assistance initiatives, AGC quickly stepped up to keep the CICA Center online and current.  AGC now seeks to establish a long-term funding program to sustain the CICA Center’s future in 2017 and beyond.  We hope you’ll join us through our new annual CICA Center Supporter Program.

Court Halts Fair Pay Safe Workplaces, "Blacklisting," Executive Order Implementation

On October 24, the U.S. District Court in the Eastern District of Texas granted a request for preliminary injunction against parts of the Obama Administration's implementation of the Fair Pay and Safe Workplaces, or "Blacklisting" as it is known, Executive Order. As a result direct federal contractors will not—at this time—be required to report labor law violations with their bids on federal contract solicitations and awards.

EPA Begins Work to Expand Oil Spill Control Program to Include Hazardous Substances

Pursuant to a legal settlement agreement with environmental groups, the U.S. Environmental Protection Agency (EPA) has started to map out a brand new rule that will expand the existing Spill Prevention, Control and Countermeasure (SPCC) program beyond oil to address other hazardous substances.  This rulemaking, which must be finalized by late 2019 under the terms of the consent decree, may impact construction sites and related operations that store any of the hundreds of “hazardous substances” identified in 40 CFR Part 116.4.  Some companies may need to develop SPCC plans for the first time.  EPA has invited AGC to provide early input at upcoming public stakeholder sessions, which include two virtual meetings this fall.

OSHA Delays Rule Enforcement Related to Post-Incident Drug Testing Position

The U.S. Occupational Safety and Health Administration (OSHA) this week delayed enforcement until Dec. 1, 2016, of the anti-retaliation provisions in its injury and illness reporting rule, which highlighted OSHA’s intention to enforce policies that could restrict mandatory post-incident alcohol and drug testing.