The Senate Environment and Public Works Committee is scheduled to consider a bill in early May that would expand federal jurisdiction over waters and wetlands under the Clean Water Act.  The bill, S. 787, the Clean Water Restoration Act, would create a new legislative definition of "waters of the United States" that would essentially be limitless and would greatly increase the circumstances under which contractors would be required to obtain and be regulated by federal Clean Water Act permits (e.g., section 404 permits).

The U.S. Environmental Protection Agency (EPA) has released a proposed finding that current concentrations of greenhouse gas (GHG) emissions in the atmosphere endanger public health and welfare and that new motor vehicles (and engines) contribute to this endangerment. The proposal does not include any specific rules, yet it opens the door for EPA to control these emissions under the Clean Air Act (CAA).  Such regulations would be developed in a subsequent rulemaking proceeding unless U.S. Congress moves ahead with legislation addressing climate change. EPA's so-called "endangerment finding" implements the U.S. Supreme Court's landmark 2007 decision, which held that EPA has the authority to regulate GHGs.

On April 10, 2009, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule that would require reporting of annual greenhouse gas (GHG) emissions from a wide range of sources, including all facilities that produce cement and manufacture lime. The agency is seeking public comment on the proposed threshold for reporting and whether to include monitoring and reporting requirements for in-use fleets, as well as other provisions in the proposed rule. Comments are due June 9, 2009.In general, the proposed rule would require certain facilities to monitor and report their GHG emissions directly to EPA on an annual basis. When the rule is finalized, facilities will need to determine whether 1) their activities alone trigger the reporting requirements, or 2) their emissions levels meet the threshold for reporting. EPA has identified approximately twenty categories of industrial activities that are large sources of emissions. Facilities that perform those activities must report emissions. For example, ALL facilities that engage in the production or manufacturing of cement, lime, iron, or steel would need to monitor and report their emissions.The proposed rule would not require control of GHG emissions, but will likely complement a future federal program to reduce emissions by providing baseline information and a structure to track emissions and progress.For more information, click here.

The Senate Environment and Public Works Committee is scheduled to consider a bill next Thursday that would expand federal jurisdiction over waters and wetlands under the Clean Water Act.  The bill, S. 787, the Clean Water Restoration Act, would create a new legislative definition of "waters of the United States" that would essentially be limitless and would greatly increase the circumstances under which contractors would be required to obtain and be regulated by federal Clean Water Act permits (e.g., section 404 permits).AGC is opposed to the legislation, which would create the greatest expansion of the Clean Water Act since it was signed into law in 1972.  The legislation would expand the federal role beyond protecting wetlands and waters having an understandable "significant nexus" to navigable waters and regulate everywhere that rainwater happens to flow, including roadside ditches.  The legislation would give the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency jurisdiction over all wet areas - however remote or intermittent - and over all activities (e.g., construction) affecting those waters.  The federal permitting process would increase the cost of maintaining and delay necessary improvement of public and private infrastructure. AGC believes Congress should not rush to expand the scope of the Clean Water Act.  Instead, Congress should preserve the role that states and localities have traditionally played.  States and local authorities should lead the regulation of land and water use, not the federal government. AGC asks you to contact your Senators to urge them to oppose the Clean Water Restoration Act.  To contact your Senators, you may use AGC's Legislative Action Center.

Greenhouse gas (GHG) emissions are on the forefront of environment and energy discussions in the news and in state and federal policymaking. This Earth Day, AGC looks at the GHG emissions associated with the construction industry and challenges members to take a common sense approach to reduce emissions from their equipment. See press release.

According to a new analysis of data from the EPA, the construction industry accounts for less than one percent of all U.S. green house gas emissions. In addition to the findings, contractors around the country are taking steps to further reduce their emissions while also building infrastructure for a greener environment.

On Earth Day, AGC announced that the construction industry emits less than one percent of all U.S. green house gas emissions, according to a new analysis of federal environmental data from the U.S. Environmental Protection Agency.  The newly released data shows the relative efficiency of a construction industry that currently accounts for more than five percent of the U.S. work force and 800,000 small businesses.AGC noted that in addition to curbing emissions, the industry recycles more than any other, including 97.5 percent of structural steel, 65 percent of reinforcement steel and 80 percent of asphalt. Read AGC's Earth Day press release here, or view coverage by For Construction Pros.com, USGNN and Building Design and Construction.

AGC's analysis of climate change legislation shows a significant impact on construction in the form of higher energy prices, higher raw materials prices, potential EPA regulation of land use (including local planning decisions) and transportation planning due to the proposed cap and trade program that would create a market for emissions allowances.While climate change is a major focus of both President Obama and Congressional leaders, the committee process has thus far found a less than unanimous endorsement of cap and trade as the best way to regulate green house gases. The Senate chose to not endorse a cap and trade solution earlier by a vote of 67 to 31.

The House Energy and Commerce Committee will conduct four days of hearings beginning Tuesday to receive testimony on a 648-page draft global warming and energy bill introduced last month by Representatives Henry Waxman (D-Calif.) and Ed Markey (D-Mass.).  The draft bill would establish a cap and trade program to curb U.S. greenhouse gas emissions by 20 percent below 2005 levels by 2020 and by 83 percent by 2050.

In a letter sent to Rep. Lynn Woolsey, Chairwoman of the House Subcommittee on Workforce Protections, and Rep. Tom Price, the Subcommittee' Ranking Member, AGC CEO Steve Sandherr made the point that construction jobs meet all the criteria of the loosely defined "green job." This criteria includes: Improving the environment; Offering good-paying jobs; Offering opportunities for advancement; Are jobs that cannot be outsourced; and Encouraging participation by a diverse population.