On May 4, the U.S. Environmental Protection Agency proposed the first-ever national rules related to the disposal and management of coal ash from coal-fired power plants.  Coal combustion wastes, including coal ash or fly ash, are widely used in construction applications.The agency will publish a proposed rulemaking in the Federal Register and begin taking comments on which of two regulatory paths the agency should follow under the Resource Recovery and Conservation Act (RCRA). One option is drawn from authorities available under Subtitle C, which creates a comprehensive program of federally enforceable requirements for waste management and disposal. The other option includes remedies under Subtitle D, which gives EPA authority to set performance standards for waste management facilities and would be enforced primarily through citizen suits.The agency states that today's action safeguards environmentally safe and desirable forms of recycling coal ash, known as beneficial uses. Under both approaches proposed by EPA, the agency would leave in place the Bevill exemption for beneficial uses of coal ash in which coal combustion residuals are recycled as components of products instead of placed in impoundments or landfills. Large quantities of coal ash are used today in concrete, cement, wallboard and other contained applications. These "encapsulated" uses would not be impacted by today's proposal. Other uses may be impacted. The public comment period is 90 days from the date the rule is published in the Federal Register.  AGC of America will comment on the proposed rule. If you would like to advise AGC in the comment-writing process, please contact Melinda Tomaino at tomainom@agc.org or 703-837-5415.  AGC of America is concerned about implications to the shipping and handling of that material as well as any threats-stigma or otherwise-to beneficial use.  AGC previously reported on this issue in AGC's Environmental Observer on February 24, 2010.More information about the proposed regulation can be found here: http://www.epa.gov/coalashrule.  To view the chart comparing the two approaches, please click here or go to http://www.epa.gov/coalashrule/ccr-table.htm.To view results of the impoundment assessments, please click here or go to:  http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys2/index.htm.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is launching a pilot program seeking to partner with building inspectors in 11 cities to reduce injuries and fatalities at construction sites.  The pilot program was initially announced during the April 14 - 15, 2010, Latino Worker Health and Safety Summit held in Houston, Texas.Secretary of Labor Hilda L. Solis has sent letters to the mayors of the selected cities, proposing that OSHA work with and train local building inspectors on hazards associated with the four leading causes of death (falls, electrocution, being crushed or caught between objects, or being struck by moving machinery or objects) at construction sites.Under this program, building inspectors would notify OSHA when they observe, during the course of their work, unsafe work conditions. OSHA, in turn, would send a federal agency compliance officer to that workplace for a safety inspection.OSHA seeks to partner with building inspectors in the following cities:Austin, TexasBoise, IdahoCincinnati, OhioConcord, N.H.Greenwood Village, Colo.Madison, Miss.Atlanta Metropolitan area, Ga.Newark, N.J.Oakland, Calif.Washington, D.C.Wichita, Kan.AGC encourages Chapters and their members in the selected cities to meet with their local building inspectors to discuss the proposed partnership and express their concerns with this approach to policing safety.  Meanwhile, AGC will continue to monitor OSHA activities as they pertain to this issue. To view a copy of the letters click here.For more information, please contact Kevin Cannon at (703) 837-5410 or cannonk@agc.org.

On April 22, AGC of America released a plan calling for market-based solutions, incentives and needed investments to deliver environmental improvements in our nation's infrastructure-buildings, transportation, water and land resources and power generation.The plan-Building a Green Future-outlines measures designed to stimulate demand for green construction projects, boost infrastructure capacity, improve building efficiency and green construction practices.  It openly addresses how the places where we live, work, play and travel impact the natural environment; and it gives credit to industry and other groups for their efforts to reduce those impacts.  The plan offers recommendations to stimulate demand for new investment in our infrastructure-making it greener and safer.  It provides some common sense ways that contractors can help, such as recycling waste and reducing emissions from equipment; and it also addresses how policymakers can support those efforts instead of setting up roadblocks."You can't wish for a green future-you have to build it." AGC maintains that construction and renovation ultimately are the most immediate and effective ways to improve the built environment.  AGC intends to use this plan to guide policymakers, educate the public and provide members with a tool they can use to develop an environmental strategy for their firm.AGC of America and the AGC of Washington unveiled the plan after a tour of a construction site for a green building in Seattle.  The new structure will serve as local construction firm McKinstry's incubator space for start-up green construction technology firms.  Citing that company's recent successes, David D'Hondt (executive vice president, AGC of Washington) said that while the plan would deliver significant environmental benefits, it also would provide new opportunities for the nation's hard-hit construction firms.To read the plan, go to www.agc.org/greenfuture.

The Associated General Contractors of America will hold its 92nd Annual Convention March 21 - 25, 2011 at the Bellagio Hotel in Las Vegas. AGC is now accepting proposals for a limited number of speaking opportunities. The AGC Annual Convention is geared towards educational sessions focused on current and emerging issues in construction, best practice presentations on key project-related areas or responsibilities, and unique challenges facing contractor owners and executives.Reasons to Present at AGC's 92nd Annual Convention:Reach an audience of interested, committed construction owners and executives with your best practices, case studies, or other findings;Approximately three-thousand  individuals from across the industry will be in attendance;Earn recognition as an expert within your field;Be a part of one of the most highly regarded conferences in the industry;Speakers receive special registration rates.For more information on AGC's Annual Convention and to download the Call for Presentations application visit http://convention.agc.org.

OSHA's 10 regional administrators have been directed in a memo by OSHA Administrator Dr. David Michaels to revise how the current penalty calculation system contained in the Field Operations Manual is being used in enforcement proceedings. The administrative penalty changes are scheduled to take effect over the next several months.The overall goal of the agency is to provide an adequate deterrent to employers using increased penalties.  The average penalty for serious violations will be increased from $1,000 to an average of $3,000 - $4,000, according to the changes.  The following are the most significant changes to the calculation system:An employers' history of violations will expand from three years to five years.10 percent increase in their penalties for employers (up to the maximum) for employers who have been cited for any high-gravity, serious, willful or repeat violations, or have been cited for a failure to abate notice in the previous five years.The time period for repeated violations will be increased from three to five years.Area directors are authorized to offer up to a 30 percent penalty reduction to employers at an informal conference.Where circumstances warrant, at the discretion of the area director, high-gravity serious violations related to standards identified in the Severe Violator Enforcement Program (SVEP) will no longer need to be grouped or combined, but can cited as separate violations, each with its own proposed penalty.No size reduction will be applied to employers with 251 or more employees.10 percent reduction for employers with a strategic partnership agreement will be eliminated.AGC is greatly concerned about the impact of these administrative changes on its members and is working to inform AGC members of these changes. We will continue to have discussions with OSHA to gather more information on the changes and convey the impact they will have on the construction industry.To view a copy of the OSHA memorandum, click here. For more information, please contact Kevin Cannon at (703) 837-5410 or cannonk@agc.org.

June 16-17, 2010 | Indianapolis, Indiana This year's program will build upon the previous series of successful meetings and will cover standardized practices, definitions and terminology in an effort to create a unified understanding of the four steps to successful project delivery, plus the ability to use Project Delivery Systems, definitions, selection and implementation. To register click here!

The Summer 2010 BIMForum will focus on the primary principles involved in Lean design and construction and how building information modeling (BIM) can best be integrated into Lean construction practices. Anyone interested in learning more about BIM or developing the knowledge and competency needed to successfully implement BIM in your organization is encouraged to attend. Early registration is encouraged.The BIMForum has grown into an industry-leading user's group focused on the application of virtual design and construction for the AEC industry, and includes more than 1,800 members from across the commercial construction industry. BIMForum membership is NOT required to attend the Summer 2010 BIMForum.Registration: $375 if registered by May 19, 2010Additionally, participants are invited to take advantage of these additional BIMForum events: BIM 101: An Introduction to Building Information ModelingBIM TechnologyBIMForum Tours See complete details here.

Presented in partnership with Autodesk, Inc. | TODAY 1:00-2:30pm ETIn recent years, new technologies and practices have fundamentally changed how building projects are delivered. Building Information Modeling (BIM) is a prime example. When effectively implemented, it allows contractors to gain insight into cost, schedule and potential coordination issues-before work begins in the field.Construction companies that have embraced a model-based approach to construction have quickly realized that a successful BIM deployment can deliver exceptional value and ROI. Join us to Learn how the Autodesk BIM Deployment Plan can help you gain a competitive advantage and capitalize on the benefits BIM delivers. Register here.

The Specialty Contractors Council Executive Committee approved the final 2010-2012 SCC Strategic Plan at the recent AGC Annual Convention.  The AGC Executive Board also approved the 2010-2012 AGC of America Strategic Plan.

Hotel deadline ends today!Join key players in the building construction industry at the AGC Building Contractors Conference in Midway, Utah, June 9-12, 2010. This Conference consistently offers a worthwhile and constructive experience to industry leaders who gather to network, exchange ideas, and hear presentations offering timely guidance and best practices. The AGC Lean Construction Forum will feature several sessions, including Lean Construction: A Basic Refresher and case studies.Highlighted Sessions Include:Lean Construction: A Basic Refresher - George Zettel, Turner Construction Co.Lean Construction Case Studies - Linbeck Group, Baker Concrete Construction, Burt Hill and The Weitz CompanyEffluent Limitation Guidelines (ELGs) and the Construction Industry - David G. Oshinski, The Home Depot; Jennifer Hildebrand, Weis Builders; and Richard S. Davis, Beveridge & Diamond P.C.ROI of Sustainable Designs - Robert Middlebrooks, AutodeskMaterials Prices: Spiking, Side-Stepping or Sliding? - Ken Simonson, AGC of AmericaChallenges of Growth in Construction - José L. Fernández-Solís, PhD, Texas A&M UniversityLook for more information at www.agc.org/bcc.Travel discounts are available!  Please refer to the AGC Building Contractors Conference Travel Assistance Guide for more details.