AGC testified at a U.S. Environmental Agency (EPA) public hearing on June 26, 2013, regarding EPA’s ongoing evaluation into whether and how to regulate renovation, repair and painting (RRP) activities in all public and commercial buildings that purportedly have lead-based paint. 

On July 2, the U.S. Green Building Council (USGBC) announced the results of the member ballot for the newest version of its Leadership in Energy and Environmental Design (LEED) rating system for green buildings.  With 67 percent of the overall vote needed to pass the changes, LEEDv4 received 86 percent if the membership’s vote.  USGBC will launch LEED v4 this fall at its annual conference, Greenbuild, in November 2013.

AGC recently submitted comments to the U.S. Environmental Protection Agency (EPA) in support of the agency’s proposed rule to withdraw the nationwide numeric discharge limit from the existing 2009 Construction and Development Effluent Limitations Guidelines rule (C&D ELG). The proposal would also revise some of the C&D ELG’s non-numeric or Best Management Practice (BMP) requirements and clearly define the term “infeasible,” as it relates to implementation of the BMP-control requirements. In its letter to EPA, AGC affirmed that the proposal is a major step forward and welcome resolution to the litigation on this rule.

AGC held its second Contractors Environmental Conference on June 13-14, 2013, in the Washington, D.C. area.  Approximately 80 participants and more than a dozen government agency representatives participated in the event that focused on providing the tools to lead in compliance and sustainability.

Green Globes®, used for the environmental assessment and certification of commercial buildings, has recently undergone revisions.  The Green Building Initiative (GBI), the administrator of the program in the U.S., announced the availability of an updated version of Green Globes for New Construction (NC), which is also used for major renovations. The recent changes to Green Globes NC are based on an ANSI standard, ANSI/GBI 01-2010: Green Building Assessment Protocol for Commercial Buildings. GBI intends this update to improve technical rigor and enhance ease of use.

This week, the House Energy and Commerce Committee voted 31-16 to approve H.R. 2218, the “Coal Residuals Reuse and Management Act of 2013,” which was sponsored by Rep. David McKinley (R-W.Va.) and a bipartisan group of representatives. The legislation would prevent the U.S. Environmental Protection Agency (EPA) from regulating coal ash (including fly-ash) as a “hazardous” substance. The legislation would give states broad powers to regulate the disposal of waste from coal combustion as long as they follow minimum federal standards. Earlier this week, AGC sent a letter to the committee urging that the legislation be adopted.

The House Energy and Water Appropriations Subcommittee approved a $30.4 billion energy and water spending bill for FY 2014 after adding a policy rider that would bar the Army Corps of Engineers (USACE) from implementing guidance that clarifies which U.S. waters fall under federal protection via the Clean Water Act (CWA). The guidance, which was proposed in May 2011 and sent to the Office of Management and Budget (OMB) for interagency review and finalization in February 2012, clarified which waters are subject to CWA jurisdiction in response to two U.S. Supreme Court decisions.

Wal-Mart has pleaded guilty to charges of environmental crimes, including the mishandling of hazardous waste and pesticides, and agreed to pay a total of $110 million to settle the cases.  The plea agreements end a decade-long investigation into the retailer’s hazardous waste management practices and send a message to all companies – of any type and size – that the storage, transport and disposal of hazardous waste is strictly controlled by federal and state law.  Referenced below are specific issues that may impact general contractors.

AGC is pleased to announce the appointment of five new members to serve on its Environmental Forum Steering Committee through the AGC Convention in 2016. Members of the Steering Committee have direct access to federal regulatory officials, influence over AGC’s environmental agenda, and a means to exchange valuable information with one another and industry peers. AGC also acknowledges the invaluable contributions of those members who recently completed their terms on the Steering Committee.

Many of the environmental rules that are in the pipeline for the next four years are on the U.S. Environmental Protection Agency’s (EPA) regulatory agenda because of court-ordered settlement agreements—including many that impact the business of construction. A new report from the U.S. Chamber of Commerce, Sue and Settle: Regulating Behind Closed Doors, identifies ten costly environmental rules resulting from sue and settle practices and names those advocacy groups that most frequently use these practices to bring about immediate action and set the policy agenda for regulatory agencies.