The U.S. Environmental Protection Agency (EPA) is taking a look at the factors that may attribute to the differences between the Agency’s “projected” and the “actual” costs of meeting various regulatory mandates.  Preliminary findings appear to show that EPA has overestimated the cost of the rules that currently are under analysis.  However, AGC’s experience over the last decade has found the exact opposite; namely that EPA consistently underestimates compliance costs. 

On August 10, several industry groups filed briefs asking the U.S. Court of Appeals for the District of Columbia to rehear a case decided in late June by the same court concerning the U.S. Environmental Protection Agency’s (EPA) regulations of greenhouse gas (GHG) emissions.  In the last Observer, AGC reported on this June 26 ruling that upheld the EPA “endangerment finding” for greenhouse gases and the Agency’s subsequent rules to control GHG emissions from mobile and stationary sources.  At the time of that article, it was unclear whether industry groups would appeal the D.C. Circuit ruling that denies key challenges to EPA's regulations of greenhouse gas emissions.

Pro-industry groups once again look to a policy fix to climate change regulation in light of a June 26 Federal appeals court ruling that upheld the U.S. Environmental Protection Agency’s (EPA) endangerment finding and subsequent rules using the Clean Air Act (CAA) to control greenhouse gas (GHG) emissions from mobile and stationary sources.  A few days later, EPA finalized the third step of its GHG “tailoring rule,” which phases-in the control of emissions starting with the largest stationary sources, and decided not to lower the regulatory thresholds in the near future.  It remains unclear whether pro-industry groups will appeal the ruling as well as whether there is sufficient appetite to address climate change on Capitol Hill.

The U.S. Environmental Protection Agency (EPA) has released a series of six fact sheets on incorporating green infrastructure measures into National Pollutant Discharge Elimination System wet weather programs.  The series builds upon existing EPA guidance and agreements to describe how EPA and state permitting and enforcement professionals can work with permittees to include green infrastructure measures as part of control programs.

AGC of America is proud to announce the launch of its premier construction awards season with the 2013 AGC/Alliant Build America competition. For the past two years, AGC has seen an increase in the number of project entries. We hope to see more project entries from AGC member companies. Click here for additional information.

The U.S. Environmental Protection Agency (EPA) recently re-negotiated its previously revised settlement agreement with environmental groups setting a new deadline for proposing a national rule that would limit stormwater discharges from developed and redeveloped properties. Latest reports are that EPA will propose the “post-construction” rule by June 10, 2013, and complete a final action by Dec. 10, 2014. AGC continues to track EPA’s progress in satisfying the many legal, authority and process issues that go along with promulgating first-time national post-construction rules.

If you own or operate a stationary generator, pump, compressor or some other piece of stationary equipment then you probably need to “retrofit” its engine to comply with federal National Emission Standards for Hazardous Air Pollutants (NESHAP).  Nearly one million existing, stationary diesel Reciprocating Internal Combustion Engines (RICE) are affected by the federal mandate to cut exhaust levels of carbon monoxide by 70 percent or more.  Leading engine manufacturers warn that compliance is not going to be cheap, easy, or quick – especially when a limited number of qualified experts have roughly one year to meet the nation’s retrofit needs under the NESHAP for RICE.  Also be aware that the U.S. Environmental Protection Agency (EPA) recently proposed several amendments to the rule, particularly regarding RICE used for emergency or back-up power.

Last week, U.S. Congress approved the transportation reauthorization bill, Moving Ahead for Progress in the 21st Century Act (MAP-21), by a vote of 373-52 in the House of Representatives and 74-19 in the Senate. The President is expected to sign the bill sometime this week.  Below is a summary of the key environmental provisions in the legislation.

The Senate considered, and ultimately passed, legislation to reauthorize agricultural programs through 2017, commonly known as the Farm Bill.  AGC and its industry partners were targeting this bill as a legislative vehicle for inclusion of a provision to prevent the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) from finalizing their guidance that would allegedly “clarify” what waters are subject to federal control and permit requirements under the Clean Water Act.  AGC maintains that the guidance, if finalized in its current form, would significantly expand federal jurisdiction  -  thereby increasing construction costs and project delays.

The U.S. Environmental Protection Agency (EPA) has proposed stricter National Ambient Air Quality Standards (NAAQS) under the Clean Air Act for fine particulate matter (PM2.5) to resolve a lawsuit over EPA’s delay in updating the standards. The proposal is available here. Comments are due August 31, 2012.