AGC's new online recycling toolkit will help contractors recycle construction and demolition (C&D) debris and reuse industrial materials in new construction projects.  AGC worked with the U.S. Environmental Protection Agency (EPA) and the Industrial Resources Council (IRC) to make this tool available.

As of June 26, 2009, all new construction and major renovation projects registering to use the Leadership in Energy and Environmental Design (LEED) Green Building Rating SystemTM need to use the newest version-LEED 2009. The changes to the rating system are part of an over-arching evolution of the LEED system-LEED Version 3.  In this guest article, AGC Environmental Network Steering Committee Chair Thomas Taylor (Vertegy, an Alberici Enterprise) provides a quick look at some of the changes in the new version.

On June 18, the Senate Environment and Public Works Committee passed S. 787 the Clean Water Restoration Act.  The legislation was offered as an amendment sponsored by Chairwoman Barbara Boxer (D-Calif.), Senator Max Baucus(D-Mont.) and Senator Amy Klobuchar (D-Minn.). Republican committee members criticized the bill as a substantial expansion of federal jurisdiction over water by removing the term "navigable" waterways.  Ranking Member Senator James Inhofe (R-Okla.) and Senator John Barasso (R-Wyo.) offered multiple unsuccessful amendments to address "negative impacts" on rural and agricultural communities.In a June 17, 2009, letter to EPW Committee members, AGC opposed this legislation because it gives the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers jurisdiction over all wet areas-however remote or intermittent-and over all activities (e.g., construction) affecting those waters. Consequently, the bill would require construction contractors and project owners to obtain and be regulated by federal Clean Water Act permits far more frequently than is currently required.AGC will continue to fight this legislation as it is considered by the full Senate. Senators Mike Crapo (R-Idaho) and Jim Inhofe (R-Okla.) have placed "holds" on the legislation, making it unlikely that it will see floor time in the near future. Similar legislation in the House of Representatives has yet to be introduced, however T&I Chairman James Oberstar (D-Minn.) has indicated his support for similar legislation in the House of Representatives.For more information, contact Karen Lapsevic at (202) 547-4733 or lapsevickk@agc.org.

In close coordination with the AGC of California and its San Diego Chapter, AGC of America continues to press California for relief from its potentially nationwide rule on off-road diesel emissions.   Last December, AGC petitioned the California Air Resources Board (CARB) to reopen the rule.  AGC also urged the U.S. Environmental Protection Agency (EPA) to deny the state the federal approval that it requires to enforce the rule's core requirements.  Since then, AGC has persuaded CARB to make an objective assessment of how greatly the recent economic downturn has already reduced emissions from off-road diesel equipment, and to share background information on the agency's past projections of such emissions with the association.The state finalized the rule in June of 2008 and sought federal approval of its strict standards for emissions from existing fleets of off-road diesel equipment two months later.  If the state's standards meet with federal approval, they will begin to take effect in March of 2010.  In addition, most if not all of the other states will be free to adopt identical standards.  While the Clean Air Act generally preempts the states' authority to set emission standards, the statute carves out an exception for California and any California standards that meet with federal approval.The new standards are for nitrogen oxides (precursors to ozone) and particulate matter.  These standards are fleetwide averages, and do not apply to individual pieces of equipment, but they steadily decline over a period of eleven years, and in each year in which a construction contractor cannot meet the standards, the firm has to retrofit, repower, replace and/or retire a certain percentage of its horsepower.   When it finalized the rule, the state estimated that the cost of compliance would be $3.4 billion.  The state's construction industry originally estimated that the cost would reach $13 billion, and its latest estimates are even higher. This spring, the new rule's reporting requirements started to take effect, and CARB has now amassed a wealth of new data on the off-road equipment in the state's construction industry.  More importantly, the agency has agreed to share much of that recently collected information with AGC.  The agency staff has an October deadline for determining how current emissions compare with the agency's original projections, in the wake of the economic downturn.AGC met with the agency staff in mid-April and again in mid-June, and it appears that the agency is willing postpone any decision on AGC's petition to reopen the rule at least until the agency can take a hard look at the latest information.  Major issues are far from resolved, and AGC has made a point of retaining all of its legal options, but in recent meetings, the agency staff has been forthcoming and generally cooperative.  Stay tuned!For more information, contact Mike Kennedy at (703) 837-5335 or kennedym@agc.org.

The U.S. House of Representatives is scheduled to vote Friday on the American Clean Energy and Security Act (ACES), a bill that would require "cap and trade" and other regulatory schemes to reduce greenhouse gas emissions (GHG) from stationary and mobile sources.  AGC supports reasonable climate change policies that would reduce GHG emissions while maintaining the competitiveness of U.S. companies in the global marketplace.  While there may be opportunities for the construction industry under the bill to contribute towards building a clean energy economy, on the whole, AGC believes that the bill as it is currently drafted would increase the cost of construction, discourage investment in our economy and impact our ability to meet the infrastructure and mobility needs for a growing population.  AGC sent a letter to Capitol Hill June 25 in opposition to ACES as currently drafted.AGC urges all members and Chapters to weigh in with their Representatives and urge them to oppose the bill.  For more information and to send a letter to your Representative, please use AGC's Legislative Action Center.

Active construction sites that store certain quantities of "oil" must prepare and implement Spill Prevention Control and Countermeasure (SPCC) Plans by November 10, 2010, to prevent the discharge of oil to navigable waters, per a U.S. Environmental Protection Agency (EPA) rule published last week.  This action once again extends the compliance dates for construction sites and other "facilities" covered by EPA's oil SPCC requirements - and comes just in time to wipe out the prior July 1, 2009 deadline.  Following is a description of the SPCC program deadlines, the construction sites subject to the rules and EPA's streamlined amendments that resulted from AGC's multi-year effort to make the program more workable for contractors.

In close coordination with the AGC of California and its San Diego Chapter, AGC of America continues to press California for relief from its potentially nationwide rule on off-road diesel emissions.   Last December, AGC petitioned the California Air Resources Board (CARB) to reopen the rule.  AGC also urged the U.S. Environmental Protection Agency (EPA) to deny the state the federal approval that it requires to enforce the rule's core requirements.  Since then, AGC has persuaded CARB to make an objective assessment of how greatly the recent economic downturn has already reduced emissions from off-road diesel equipment, and to share background information on the agency's past projections of such emissions with the association.

On Thursday, June 18, the Senate Environment and Public Works Committee passed S. 787 the Clean Water Restoration Act.  The legislation was offered as an amendment sponsored by Chairwoman Barbara Boxer (D-Calif.), Senator Max Baucus(D-Mont.) and Senator Amy Klobuchar (D-Minn.). Republican committee members criticized the bill as a substantial expansion of federal jurisdiction over water by removing the term "navigable" waterways.  Ranking Member Senator James Inhofe (R-Okla.) and Senator John Barasso (R-Wyo.) offered multiple unsuccessful amendments to address "negative impacts" on rural and agricultural communities.

Now scheduled for June 25, this webinar will explore the green incentives and sustainability provisions contained in the American Recovery and Reinvestment Act (ARRA) of 2009. Learn about the details of these provisions as well as the potential impact on construction project financing and lending standards. Information will be provided on the current credit and lending issues as well as the impact on financing contained in portions of the ARRA, specifically green incentives. Industry expert Andy Lutz from Navigant will explore ARRA its impact on the construction market on June 25 from 1:30 - 3:00 pm ET. Register today!  All previous registrations will be honored.For more information, please contact Carrie Harper at harperc@agc.org.

On Thursday, June 18, the Senate Environment and Public Works Committee passed S. 787 the Clean Water Restoration Act.  The legislation was offered as an amendment sponsored by Chairwoman Barbara Boxer (D-Calif.), Senator Max Baucus(D-Mont.) and Senator Amy Klobuchar (D-Minn.). Republican committee members criticized the bill as a substantial expansion of federal jurisdiction over water by removing the term "navigable" waterways.  Ranking Member Senator James Inhofe (R-Okla.) and Senator John Barasso (R-Wyo.) offered multiple unsuccessful amendments to address "negative impacts" on rural and agricultural communities.In a June 17, 2009, letter to EPW Committee members, AGC opposed this legislation because it gives the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers jurisdiction over all wet areas-however remote or intermittent-and over all activities (e.g., construction) affecting those waters. Consequently, the bill would require construction contractors and project owners to obtain and be regulated by federal Clean Water Act permits far more frequently than is currently required.AGC will continue to fight this legislation as it is considered by the full Senate, which is uncertain. Senators Mike Crapo (R-Idaho) and Jim Inhofe (R-Okla.) have placed "holds" on the legislation, making it unlikely that it will see floor timein the near future. Similar legislation in the House of Representatives has yet to be introduced, however T&I Chairman James Oberstar (D-Minn.) has indicated his support for similar legislation in the House of Representatives.