AGC of America has transformed the Project Delivery Committee into the Project Delivery Forum.  This new forum will provide opportunities for AGC members and chapter staff to be informed of and participate in the association's initiatives related to project delivery issues and best practices.The inaugural Project Delivery Forum Steering Committee will be chaired by Doug Maibach of Barton Malow.  The Steering Committee also includes 11 other members representing a diverse group of AGC's membership.  Tim Sinclair (Pal's Glass/Sinclair Masonry) is a member of the AGC Specialty Contractors Council Executive Committee and is serving on this steering committee.Unlike the old committee structure, AGC members do not have to be appointed to the Forum, and instead simply request to be added.  Members can sign-up via their online AGC profile.  Letters have been sent to the members of the Project Delivery Committee informing them that they have been automatically enrolled in the Forum.  All AGC members and chapter staff are eligible and encouraged to participate at all levels of the Forum.If you have any questions about the Forum, please contact Mike Stark, Senior Director, Building Division at starkm@agc.org or (703) 837-5365.

The U.S. Environmental Protection Agency (EPA) has abruptly decided to abandon the first nationwide numeric limit on the amount of sediment that can cloud the water running off of construction sites.  Citing evidence that both AGC and the National Association of Home Builders (NAHB) included in their comments on EPA's original proposal - and in direct in response to a lawsuit that NAHB subsequently filed - EPA has admitted that its new "Effluent Limitations Guidelines"  for the "Construction and Development Industry" (C&D ELG) are fundamentally flawed.  Click here to read the August 13 motion that EPA filed with a federal court of appeals asking it to declare that its numeric turbidity limit is void and to send that limit back to the agency for reconsideration.  EPA also has asked the court to put the pending lawsuit on hold until it completes the rule review process.Courts of appeals generally prefer to allow agencies to correct their own mistakes rather than wasting the courts' and the parties' resources reviewing an admittedly incorrect rulemaking record.  In this instance, EPA has concluded that it improperly interpreted the data underlying the numeric limit it adopted.  All parties to the pending lawsuit agree that EPA's request to vacate and remand the rule is appropriate.  However, the other requirements of the ELG remain in effect: The rule also specifies the exact types of erosion and sediment controls that contractors must use, at a bare minimum, to control stormwater runoff on all construction sites that disturb one or more acres of land.Over the next 18 months, EPA plans to re-examine its numeric turbidity limit through a "narrowly-tailored notice-and-comment rulemaking and, if necessary, revise [it]."  EPA will gather and review additional materials, including the applicability of the numeric limit to cold weather sites and to small sites that are part of a larger project.  EPA also may take further action specific to linear gas and electric utility projects.  EPA is expected to issue interim stormwater management guidance for construction site operators as the agency works to refine the rule.Throughout the rulemaking process, AGC worked with and supported NAHB, contributing to the research that ultimately formed the foundation for the lawsuit.  AGC and NAHB also combined forces to submit detailed comments demonstrating that EPA had significantly underestimated the cost and impact of a nationwide numeric turbidity limit.  Independently, AGC also participated in the small business review of the originally proposed limit, and AGC continues to coordinate with the Small Business Administration - which has also called on EPA to reconsider its numeric turbidity limit.For more information, please visit AGC's Environmental Observer here.

The 2011 AGC Building Contractors Conference will be held September 21-24, 2011 at the Westin La Cantera Resort in San Antonio, Texas.  Registration will open in Spring 2011.  Don't forget to mark these dates down on your calendar!

Chief Economist Ken Simonson breaks down the latest construction economic figures and materials trends in AGC's Data DIGest.  Take a look at these numbers and their implications here.

On August 19, the U.S. Environmental Protection Agency (EPA) extended by 60 days the public comment period for its proposed rule to classify coal combustion residuals (CCR) as either hazardous or non-hazardous waste. The new deadline to submit comments is November 19. CCRs are used widely in vertical and horizontal construction. AGC will hold an Environmental Network conference call on September 23 and EPA has announced a series of public hearings across the country.The extension of the comment deadline allows AGC to more thoroughly review member responses to the association's survey (closed August 16) and to solicit additional input from members during a special Environmental Network conference call.  A preliminary review of the survey responses indicates that members will continue to use CCRs, such as fly ash, on projects where mandated by the specifications. Even so, a clear majority feared that a hazardous designation would increase liability for new construction and demolition that include fly ash materials, create a stigma against materials incorporating fly ash and introduce new and uncertain requirements for shipping, handling, use and disposal. Even with an exemption from the hazardous designation for the beneficial use of CCRs, members have expressed doubt that the public would differentiate between beneficial use, such as in wallboard or concrete, and the disposal practices that ignited public concern in December 2008 with the Kingston, Tenn., impoundment breach and spill.  AGC plans to further discuss these issues during the conference call.Attend: EPA HearingsEPA will host seven public hearings on the proposed rule. Each hearing will begin at 10:00 a.m. and continue until 9:00 p.m. Walk-ins and written comments will be accepted at each hearing, though attendees must register for the public hearing no later than three business days in advance to guarantee a time slot in which to speak. Interested attendees should prepare remarks focusing on one or two key points that take no longer than three minutes to express.  Some hearings have already been held.  The remaining hearings are:September 16:   Hilton Chicago, 720 South Michigan Avenue, Chicago, Ill.September 21:   Omni Hotel, 530 William Penn Place, Pittsburgh, Pa.September 28:   Seelbach Hilton, 500 Fourth Street, Louisville, Ky.To pre-register to speak at the hearings, please call EPA at (703) 308-8429 or sign up online at http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/ccr-rule/ccr-form.htm.For More InformationMore information about the proposed regulation is online at http://www.epa.gov/coalashrule. This Web page provides information on the proposed rule, a comparison of the two proposed options for regulation of CCRs, EPA webinars and public hearings. For more information or to offer additional insight and comments, please contact Melinda Tomaino at tomainom@agc.org or (703) 837-5415.

The Federal Acquisition Regulation Councils have released the final version of the rule governing the Buy American provisions for direct-federal procurements under the Recovery Act. While this rule does not govern the federally-assisted work done through grants and loans (like those administered by the DOT and the SRFs), it does provide a preview of what to expect from those forthcoming regulations.AGC, in its comments on the interim rule, asked that the federal rule and the federally-assisted rules have the closest possible alignment to minimize the burden on contractors, and the government said "the Councils agree and note that the final rule was developed in close coordination with OMB grant officials." The rule does however concede that the two cannot be completely in sync because the Buy American Act of 1933 (which forms the basis of the rule) does not apply to grants, financial assistance, and loans. Furthermore, trade agreements do not apply uniformly.One clarification that AGC expects to be carried into the OMB guidance is the proclamation that in cases where there are mixed Recovery Act and non-Recovery Act funds, and the Recovery funds are not segregated by line item, the law requires the mixed-fund contracts to be treated as if they were entirely funded by the Recovery Act. AGC will continue to watch for the OMB guidance for federally-assisted work and will analyze and disseminate it when it arrives.Click here to read the final rule for federal contractorsFor more information on the interim rule for federally-assisted work or other AGC analysis on Buy American, visit http://www.agc.org/buyamerican.For more information, contact Scott Berry at (703) 837-5321 or berrys@agc.org.

November 11-13, 2010 at the Arizona Biltmore HotelRegistration is now open for the 2010 AGC Joint Highway and Utilities Contractors Issues Meeting in Phoenix, Ariz. The meeting is scheduled for November 11-13, 2010 at the Arizona Biltmore Hotel. You can register online and also find out more information about the meeting here.This year's meeting will address all of the top issues that impact contractors working in the highway, transportation and utilities market, including: Election 2010: How will the midterm election results impact your market, taxes and business operationsOutlook for transportation reauthorization, SRF reauthorization, and clean water trust fund legislationSelling your company or your project by using social mediaNew OSHA Regulations on Cranes and DerricksCase Studies Using BIM on Transportation and Utility ProjectsCM at Risk - Learn What Works and What Doesn'tIncreasing efficiency in joint highway and utilities projectsOpen-mic Sessions to dialogue with your fellow contractors about conditions across the country.Separate tracks are again scheduled to address issues unique each of the two market sectors. Below is a tentative preliminary meeting schedule:Thursday November 11, 201012:30 - 5:00 PM Ritchie Brothers Golf Tournament5:30 - 7:00 PM Golf Tournament ReceptionFriday November 12, 20107:00 AM - 4:30 PM Highway and Utilities Contractor Issues Meeting Session I6:00 - 7:00 PM Issues Meeting ReceptionSaturday November 13, 20107:00 AM - 12 Noon Highway and Utilities Contractor Issues Meeting Session IIFor more information, contact Scott Berry at (703) 837-5321 or berrys@agc.org, or Brian Deery at (703) 837-5319 or deeryb@agc.org.

AGC of America, together with the National Association of State Facilities Administrators, Construction Owners Association of America, The Association of Higher Education Facilities Officers and the American Institute of Architects, just released Integrated Project Delivery For Public and Private Owners. This publication is available for free at www.agc.org/projectdelivery.

According to the Wall Street Journal, the government's new Lead Renovation, Repair, and Paint Program (covered by AGC's Environmental Observer) could add a significant cost burden to the already weakened construction industry.  The cost of employee certification, as well as new equipment, clothing, and other safety materials could be a hefty expense for many small businesses.  These businesses will have a tough time justifying increased costs to property owners, who are already investing less in home renovations. On the other hand, there is the possibility that increased awareness of the harmful effects of lead will increase business for renovation companies.  The Home Star Energy Retrofit Act, if passed by the Senate, would offer incentives to homeowners who make their homes more energy-efficient. Small businesses hope that the incentive to renovate, coupled with lead aweness, will encourage more renovation investment.For the complete article, please click here.

The U.S. Environmental Protection Agency (EPA) recently announced it will delay enforcement of the new Lead Renovation, Repair and Painting Program (RRP) regulations.  The Agency issued a memorandum providing renovation firms and workers additional time to obtain necessary training and certifications to comply with its new lead paint rules. EPA's decision is a win for AGC of America and AGC of Maine; both trade groups worked to inform the Agency of the difficult timeline the rule would impose on contractors.EPA announced it will not fine renovation workers if he or she enrolls in or applies to enroll in a certified renovator class by September 30, 2010, and completes training by December 31, 2010. The June 18 EPA memo is online at http://www.epa.gov/lead/pubs/giles_RRP_memo.pdf.Unfortunately, in most states, there are few EPA-"accredited" trainers available to educate construction workers on these new requirements.  EPA states in its memo that it will pursue additional training opportunities in every state to meet the demand for classes.  In addition to the enforcement delays noted above, EPA will not take enforcement action for violations of the Lead RRP rule's firm certification requirement until October 1, 2010, according to EPA's memo.  (It should be noted, however, that only the certification requirements are being delayed; any failure to follow lead safe work processes would trigger an immediate violation.)For more details on the Lead RRP Rule and AGC's action on lead, please refer to AGC's Environmental Observer here.