During September, federal judges ruled on separate cases related to cleanup plans (TMDLs or Total Maximum Daily Loads) for two large watersheds in the United States: the Chesapeake Bay, comprising of six states and the District of Columbia, and the Mississippi River Basin, comprising of 31 states.

Other States May Now Adopt Identical Rules The California Air Resources Board (CARB) announced Sept. 13 that it has received authorization from the U.S. Environmental Protection Agency (EPA) to enforce its statewide In-Use Off-Road Diesel Vehicle Regulation, including the rule’s engine emissions targets and related requirements, such as turnover requirements and restrictions on adding Tier 0 and Tier 1 vehicles. As previously reported by AGC, dozens of other states have been closely following California’s controversial effort to implement and enforce first-time emission limits for in-use “fleets” of off-road diesel equipment. Now that CARB has received a Clean Air Act (CAA) “waiver” from EPA, California is allowed to enforce the rule’s engine emissions limits and other states can then adopt and enforce standards “identical” to California’s regulation.

The U.S. Environmental Protection Agency (EPA) Science Advisory Board (SAB) will hold a public teleconference to receive written and oral comments from the public on new and emerging information related to hydraulic fracturing and drinking water resources.  The public teleconference will be held Wednesday Nov. 20, 2013, from 12:00 p.m. to 5:00 p.m. EDT.

There have been several important developments in the ongoing battle over the precise scope of federal jurisdiction over “waters of the United States,” as dictated by the Clean Water Act (CWA).  Most notably, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) sent a draft proposed rule – one that would clarify the definition of waters of the U.S. and their CWA permitting jurisdiction – to the Office of Management and Budget (OMB) for final interagency review. The resulting rule may add countless “water bodies” to the list of federally-controlled waters and make CWA Section 404 permitting an even more onerous and costly proposition.

The U.S. Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recently issued a chemical advisory that provides information on the hazards of ammonium nitrate storage, handling and management.  Ammonium nitrate is used in the highly explosive Ammonium Nitrate-Fuel Oil (ANFO). This is one of the most popular explosives for a variety of applications such as quarrying, mining and in construction.

AGC Updates Fact Sheet on Clean Air Limits for Stationary Engines The U.S. Environmental Protection Agency (EPA) is reconsidering parts of its recently finalized rule that limits emissions of hazardous air pollutants from stationary reciprocating internal combustion engines used for emergency demand response and system reliability.  EPA will accept public comment on its notice of reconsideration through Nov. 4.

Site Inspections on the Rise The U.S. Environmental Protection Agency (EPA) has just released its revised SPCC Guidance for Regional Inspectors (EPA 550-B-13-001, Aug. 28, 2013) to assist regional inspectors when they review a site’s compliance with the federal Spill Prevention, Control and Countermeasure (SPCC) rule.  The guide spells out how EPA intends to implement the SPCC rule nationwide and is likely to be a useful tool for the owner/operator of any jobsite or facility that may be subject to the SPCC regulations.  EPA will present two private webinars for AGC contractors to learn about and ask questions concerning what’s in the new inspector’s guide and what companies can expect during an inspection.

Other States May Now Adopt Identical Rules The California Air Resources Board (CARB) announced late Friday that it has received authorization from the U.S. Environmental Protection Agency (EPA) to enforce its statewide In-Use Off-Road Diesel Vehicle Regulation, including the rule’s engine emissions targets and related requirements, such as turnover requirements and restrictions on adding Tier 0 and Tier 1 vehicles. As previously reported by AGC, dozens of other states have been closely following California's controversial effort to implement and enforce first-time emission limits for in-use "fleets" of off-road diesel equipment. Now that CARB has received a Clean Air Act (CAA) “waiver” from EPA, California is allowed to enforce the rule’s engine emissions limits and other states can then adopt and enforce standards "identical" to California's regulation.

Is your company abiding by state stormwater permits? If your construction project disturbs one or more acres of land through clearing, grading, excavating, or stockpiling of fill material, you need coverage under a National Pollutant Discharge Elimination System (NPDES) stormwater permit for construction activities.  The U.S. Environmental Protection Agency (EPA) has updated its online inventory of all of these specific state stormwater general permits – and access to your state’s permit is now just a click away.

How might “building green” impact the safety of construction workers?  Sellen Sustainability – the sustainability team of AGC member company Sellen Construction – sought to address that question and, along the way, created an in-depth environmental solution: a curriculum that companies can use to keep their workers safe on green building projects.  The training materials for the Green Building Safety curriculum are available online at no cost.