News

A California court recently struck down the numeric effluent limits (NEL) on turbidity and pH in the statewide General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (CGP). The Sacramento County Superior Court found that the California State Water Resources Control Board (Board) developed technology-based effluent limits (TBEL) – also called numeric effluent limits or NEL –without adherence to the factors outlined in the Clean Water Act (CWA) Section 304(b). The CGP limits are now invalid and unenforceable.
The U.S. Environmental Protection Agency (EPA) is issuing two draft vessel general permits that would regulate discharges from commercial vessels, excluding military and recreational vessels. Construction companies involved in marine operations that own or operate vessels (e.g., tugs or barges) should take note of the ever-increasing requirements and provide comments to EPA by Feb. 21, 2012.  EPA has scheduled a webcast on Jan. 19 from 1:00 pm to 3:00 pm (ET) to address questions and to provide information on the draft permits.  Register for the webcast on EPA’s website here.
On Dec. 7, 2011, the U.S. House passed H.R. 10, the “Regulations from the Executive in Need of Scrutiny (REINS) Act”, by a margin of 241 to 184.  The AGC-supported bill would require Congress to scrutinize major rules and affirmatively approve any new major rule before it could be imposed on employers. The REINS Act is limited to new “major rules” (i.e., rules having an impact on the economy of $100 million or more), therefore impacting only a small fraction of all rules promulgated each year (about 26 rules in the pipeline meet that threshold. They include new regulations on Crystalline Silica, Hours of Service and Hazardous Communications), while covering those with the most significant impact on the economy.
AGC of America and the American Institute of Architects (AIA) have just released an executive summary of the industry summit on sustainability and risk the organizations jointly held earlier this year.  Initiated from a discussion by the AIA-AGC Joint Committee, the summit brought together representatives from various industry stakeholder groups to explore the rapidly shifting legal landscape in the building industry.  Key themes for the day were collaboration, education, practice transformation, accountability and metrics.  The executive summary is available here.
On Nov. 14, AGC submitted a comment letter in response to the U.S. Environmental Protection Agency’s (EPA) request for comment on specific information the agency collected in conjunction with its 2010 proposed rule to regulate the disposal of coal combustion residuals (CCR), such as fly ash, as either hazardous or non-hazardous waste.  During this comment period, the public could only respond to specific EPA questions related to limited information identified in the notice. 
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are working on a proposed rule to revise the definition of “waters of the United States” that are subject to federal control and permit requirements under the Clean Water Act (CWA). AGC recently participated in an interagency meeting to discuss the potential small-business impact of EPA’s efforts to clarify this critical term which dictates when Clean Water Act Section 404 permits are required to perform construction work (i.e., dredge and fill activities) in streams, rivers, wetlands, lakes, and other waterbodies.
Sens. John Barrasso (R-Wy.) and Dean Heller (R-Nev.) filed an amendment last week to the Energy and Water Appropriations “Minibus” that would stop the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) from finalizing a complex rulemaking that would greatly expand the federal government’s permitting authority over state and private land and water resources.  AGC has fought several legislative and regulatory attempts in recent years to expand the reach of federal Clean Water Act “wetlands” permit coverage.
AGC environmental victories include “wins” on issues such as: National Air Standards, EPA’s ‘Mud Rule,’ Fly Ash in Construction, Lead Paint ‘Clearance’ Testing, Off-road Diesel Emissions Rules and Funding for Diesel Retrofit. These efforts save member firms billions of dollars every year.
If you have oil on your jobsite, or at your asphalt plant, be aware of the Nov. 10, 2011, deadline to comply with the U.S. Environmental Protection Agency’s (EPA) oil spill planning rule. The federal Spill Prevention Control and Countermeasure (SPCC) program applies to the owner and operator of any construction site that has the “capacity” to store more than 1,320 gallons of any type of oil product in above ground storage tanks/containers.
WHEN:            June 7, 2012 thru June 8, 2012 WHERE:         Hyatt Regency Crystal City, Arlington, Virginia AGC is looking for presenters to speak at the 2012 AGC’s Contractors Environmental Conference: Compliant. Competitive. Cost-Effective. AGC is holding the conference on June 7-8, 2012 at the Hyatt Regency Crystal City in Arlington, Virginia, right outside of Washington, D.C. The deadline for submitting a proposal is December 19, 2011. Recognizing today’s tough and competitive economic environment, this conference is geared towards helping contractors get their return on investment in environmental compliance and market opportunities. There will be opportunities for attendees to learn from the experts and for peer-to-peer learning.