Senators Barrasso (R-Wy.), Inhofe (R-Okla.), Heller (R-Nev.) and Sessions (R-Ala.), along with 26 of their colleagues, introduced legislation to stop the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) from implementing its guidance on Clean Water Act jurisdiction.

The U.S. Environmental Agency (EPA) recently posted to its website a new “template” for construction site operators to use to develop stormwater pollution prevention plans (SWPPPs).  SWPPPs are site-specific documents that are required under EPA’s and other state-specific construction general permits to control construction stormwater runoff to waters of the United States from active sites with disturbance of one acre or more of land. 

This week, the construction industry has been hit with good news on the issue of federal jurisdiction over wetlands in the Clean Water Act. The U.S. Supreme Court, in a unanimous March 21 ruling, said that an Idaho couple could legally challenge an Environmental Protection Agency (EPA) compliance order that told them to restore wetlands on their property. The case was filed by Mike and Chantell Sackett of Idaho, who were told by EPA that they were unable to get judicial review over EPA’s designation that pieces of their land is wetlands. They were further told that if they did not obey a compliance order directing them to restore the property they had already begun developing to its original state, they would be subject to up to $37,500 a day in fines.

In accordance with AGC’s recommendations, the U.S. Environmental Protection Agency (EPA) has proposed to maintain the applicability thresholds for greenhouse gas (GHG)-emitting stationary sources at the current levels as begun under steps one and two of the Tailoring Rule (Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule; Final Rule, 75 Federal Register 31,514, June 3, 2010).  The current levels apply to large emitters such as power plants and large industrial facilities.  EPA released this “step three” proposal on February 24, 2012; comments are due April 20, 2012.

The U.S. Environmental Protection Agency (EPA) is seeking public comment on a proposal to consider certain polychlorinated biphenyl (PCB)-contaminated building materials as “bulk product waste” instead of “remediation waste” for disposal.  (77 Federal Register 12293; Feb. 29, 2012)  According to the agency, this proposed reinterpretation has the potential to reduce the costs and time associated with PCB removal and disposal.

Network with and learn from peers and experts across the country facing the same environmental challenges you see every day.  Registration is now open for AGC’s first national conference on environmental issues that affect construction professionals on June 7-8, 2012, in Arlington, Va., just across the river from our nation’s capital. The 2012 AGC Contractors Environmental Conference will provide educational sessions, discussions, networking opportunities and technology demonstrations with a specific focus on how to generate profits, gain efficiencies, save money and manage risks.

Effective Feb. 16, EPA’s new 2012 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) applies in four states—(1) Idaho; (2) Massachusetts; (3) New Hampshire; and (4) New Mexico—the District of Columbia; Puerto Rico; all other U.S. territories, with the exception of the U.S. Virgin Islands; federal facilities in four states—(1) Colorado; (2) Delaware; (3) Vermont; and (4) Washington—and most Indian lands and for a few other specifically designated activities in specific states.  The new requirements for controlling construction site runoff will affect construction firms across the U.S., because state stormwater permit programs also have to meet with the EPA’s approval.

Owners and operators of stationary Reciprocating Internal Combustion Engines must meet new national emission standards and operating limits by the May 2013 compliance deadline set by the U.S. Environmental Protection Agency (EPA). There also is an “Initial Notification” requirement currently in effect for certain engine horsepower ranges – Sample Initial Notification- Compression Ignition.  AGC recently produced a fact sheet (that was reviewed and approved by EPA Headquarters) that details the steps you need to take to meet federal requirements and avoid penalties – click here.

On March 1, the U.S. Green Building Council (USGBC) will make available the most recent draft of its 2012 Leadership in Energy and Environmental Design (LEED®) green building rating system (LEED 2012) for public review and comment until March 20.  The 2012 revisions encompass the rating systems used during new construction (BD+C), interiors (ID+C), existing buildings (O+M), homes and neighborhood development (ND).

The U.S. Environmental Protection Agency (EPA) has now finalized its 2012 construction general permit (CGP), which applies to and authorizes stormwater discharges from construction projects that disturb one or more acres of land in the areas where EPA is the permitting authority.