Industry Would Voluntarily Contribute Additional $20M to Support Retrofit EffortIn an unprecedented nationwide effort to reduce emissions from construction equipment, 15 AGC Chapters have asked the EPA for more than $31 million in grant funding to clean up approximately 1,000 diesel machines that are currently in use on AGC-members' jobsites.  These AGC Chapters - representing 9 out of 10 EPA Regions - have leveraged an additional $20 million plus in matching funds and "in-kind" contributions by pulling together an impressive array of project partners.  The current grant competition is being funded by the American Recovery and Reinvestment Act (ARRA) of 2009.  If AGC's collective effort is fully funded, it would create and/or preserve more than 1,000 jobs.Diesel grant applications were due to EPA on April 28.  EPA is currently reviewing project proposals and will announce "winners" over the next 30 days.  Private construction companies cannot apply (on their own) for an EPA diesel retrofit grant.  Interested AGC members are encouraged to contact their local AGC Chapters to discuss future opportunities to apply for federal funding. AGC and its Chapters are grateful for the assistance that the equipment dealers and engine/equipment manufacturers like Caterpillar, John Deere, and Cummins provided for this effort - and particularly the assistance that Caterpillar Emissions Solutions provided in making an outside consultant available to review AGC Chapter applications. AGC expects additional Chapters to compete for federal diesel retrofit funds in the near future. EPA will hold another grant competition in August 2009 (EPA fiscal year 2009 appropriations), although it will be for much less money - around $60M.  Also, there will be another opportunity to apply for funding in 2010.For more information, click here or contact Leah Pilconis at pilconisl@agc.org or (703) 837-5332.

Democratic proponents of a bill that would create a cap and trade system to control greenhouse gas emissions are continuing negotiations within their own party in advance of a week-long markup of the legislation in the House Energy and Commerce Committee next week. 

On May 14, the U.S. House of Representatives overwhelmingly approved legislation to modernize, upgrade and green America's schools by a vote of 275-155. The 21st Century Green High Performing Public School Facilities Act (H.R. 2187) invests billions of dollars in school repair and renovation projects that would create safer, healthier and more energy-efficient learning environments for students.

The U.S. Environmental Protection Agency's (EPA) new "Renovation, Repair, and Painting" program requires contractors who work in pre-1978 housing and child-occupied facilities to be certified and to follow specific lead-safe work practices by April 2010.  The agency recently announced that it has begun to review and accredit training providers to conduct the courses that contractors covered by the lead rules are required to complete.  Such contractors should start planning now in order to meet the upcoming compliance dates; EPA expects training opportunities to begin in summer 2009.

Industry Would Voluntarily Contribute Additional $20M to Support Retrofit Effort In an unprecedented nationwide effort to reduce emissions from construction equipment, 15 AGC Chapters have asked the U.S. Environmental Protection Agency (EPA) for more than $31 million in grant funding to clean up approximately 1,000 diesel machines that are currently in use on AGC-members' jobsites.  These AGC Chapters - representing 9 out of 10 EPA Regions - have leveraged an additional $20 million plus in matching funds and "in-kind" contributions by pulling together an impressive array of project partners.  The current grant competition is being funded by the American Recovery and Reinvestment Act (ARRA) of 2009.  If AGC's collective effort is fully funded, it would create and/or preserve more than 1,000 jobs.

The Senate Environment and Public Works Committee is scheduled to consider a bill in early May that would expand federal jurisdiction over waters and wetlands under the Clean Water Act.  The bill, S. 787, the Clean Water Restoration Act, would create a new legislative definition of "waters of the United States" that would essentially be limitless and would greatly increase the circumstances under which contractors would be required to obtain and be regulated by federal Clean Water Act permits (e.g., section 404 permits).

The U.S. Environmental Protection Agency (EPA) has released a proposed finding that current concentrations of greenhouse gas (GHG) emissions in the atmosphere endanger public health and welfare and that new motor vehicles (and engines) contribute to this endangerment. The proposal does not include any specific rules, yet it opens the door for EPA to control these emissions under the Clean Air Act (CAA).  Such regulations would be developed in a subsequent rulemaking proceeding unless U.S. Congress moves ahead with legislation addressing climate change. EPA's so-called "endangerment finding" implements the U.S. Supreme Court's landmark 2007 decision, which held that EPA has the authority to regulate GHGs.

On April 10, 2009, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule that would require reporting of annual greenhouse gas (GHG) emissions from a wide range of sources, including all facilities that produce cement and manufacture lime. The agency is seeking public comment on the proposed threshold for reporting and whether to include monitoring and reporting requirements for in-use fleets, as well as other provisions in the proposed rule. Comments are due June 9, 2009.In general, the proposed rule would require certain facilities to monitor and report their GHG emissions directly to EPA on an annual basis. When the rule is finalized, facilities will need to determine whether 1) their activities alone trigger the reporting requirements, or 2) their emissions levels meet the threshold for reporting. EPA has identified approximately twenty categories of industrial activities that are large sources of emissions. Facilities that perform those activities must report emissions. For example, ALL facilities that engage in the production or manufacturing of cement, lime, iron, or steel would need to monitor and report their emissions.The proposed rule would not require control of GHG emissions, but will likely complement a future federal program to reduce emissions by providing baseline information and a structure to track emissions and progress.For more information, click here.

The Senate Environment and Public Works Committee is scheduled to consider a bill next Thursday that would expand federal jurisdiction over waters and wetlands under the Clean Water Act.  The bill, S. 787, the Clean Water Restoration Act, would create a new legislative definition of "waters of the United States" that would essentially be limitless and would greatly increase the circumstances under which contractors would be required to obtain and be regulated by federal Clean Water Act permits (e.g., section 404 permits).AGC is opposed to the legislation, which would create the greatest expansion of the Clean Water Act since it was signed into law in 1972.  The legislation would expand the federal role beyond protecting wetlands and waters having an understandable "significant nexus" to navigable waters and regulate everywhere that rainwater happens to flow, including roadside ditches.  The legislation would give the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency jurisdiction over all wet areas - however remote or intermittent - and over all activities (e.g., construction) affecting those waters.  The federal permitting process would increase the cost of maintaining and delay necessary improvement of public and private infrastructure. AGC believes Congress should not rush to expand the scope of the Clean Water Act.  Instead, Congress should preserve the role that states and localities have traditionally played.  States and local authorities should lead the regulation of land and water use, not the federal government. AGC asks you to contact your Senators to urge them to oppose the Clean Water Restoration Act.  To contact your Senators, you may use AGC's Legislative Action Center.

Greenhouse gas (GHG) emissions are on the forefront of environment and energy discussions in the news and in state and federal policymaking. This Earth Day, AGC looks at the GHG emissions associated with the construction industry and challenges members to take a common sense approach to reduce emissions from their equipment. See press release.