Energy & Environment

February 3, 2009
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.
January 31, 2009
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.
January 21, 2009
AGC's efforts to block California's request to EPA to enforce a costly, unsafe rule was reported in The Washington Post.  In the article, AGC's Mike Kennedy, general counsel, was quoted:
January 7, 2009
Last August, the California Air Resources Board (CARB) asked the U.S. Environmental Protection Agency (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.  In a concerted effort to influence EPA, AGC chapter staff and members used the AGC Legislative Action Center to tell EPA how their businesses will be impacted if California's emission standards spread nationwide.
January 7, 2009
Nearly 600 interested stakeholders registered for a webinar that AGC sponsored in conjunction with the Diesel Technology Forum on Dec. 3-Off-Road Diesel Developments: Clean Diesel Technology, Regulations and Requirements Facing Today's Construction Industry.  The recorded webinar as well as the presentations are available at no charge at
December 23, 2008
California’s Air Resources Board is currently seeking a special waiver from the U.S. Environmental Protection Agency that would allow it to put in place new rules that would force the state’s builders to replace virtually every piece of motorized construction equipment they own.
December 23, 2008
Members of the AGC Environmental Network Steering Committee, along with senior AGC staff, met with senior representatives of the U.S. Environmental Protection Agency.  Details of the meeting are available here. For more information, contact Melinda Tomaino at (703) 837-5415 or
December 18, 2008
The California Air Resources Board (CARB) has asked the U.S. Environmental Protection Agency (EPA) to approve the state's recently adopted off-road engine emission standards that will force construction companies in California to retrofit or replace almost all of their heavy construction equipment.  EPA must review and approve California's standards before the state can legally enforce them; a Clean Air Act process called "granting a waiver of federal preemption."  If EPA grants the state's waiver request, other states would be free to adopt California's new rules, which apply to all off-road diesel fleets currently in use.
December 16, 2008
On Dec. 15, AGC of America and its two California chapters formally petitioned the state of California to reconsider or repeal a new rule that would force construction companies across the state to retrofit or replace almost all of their heavy construction equipment.  California's new standards are enormously complex and certain to cost California's contractors billions of dollars.


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