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). 

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:"What is the point of stimulus money if it's used to replace equipment instead of building?" asked Mike Kennedy, general counsel of the Arlington-based group. The regulators "assumed costs could be passed along, but economic circumstances have changed so dramatically that the rule has to be reopened."In addition, The Sacramento Union recently published an editorial that argues that stimulus funds will do little for California contractors who need to pull most of their equipment in order to comply with the rule.

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.

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 www.dieselforum.org/webinars.AGC staff presented on the Association's overall policy on diesel retrofit and also provided details on California's off-road diesel emission standards, including the problems that the rule raises in that state and nationwide. Representatives from Caterpillar and John Deere discussed the changes being made to new construction equipment to reduce engine emissions, as well as the costs and benefits of retrofit technologies designed to clean-up the existing diesel fleets.For additional information, contact Leah Pilconis at pilconisl@agc.org.

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.

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 tomainom@agc.org.