The California Air Resources Board (CARB) has asked the U.S. Environmental Protection Agency (EPA) to approve the state's recently adopted off-road engine emission standards that will force construction companies in California to retrofit or replace almost all of their heavy construction equipment.  EPA must review and approve California's standards before the state can legally enforce them; a Clean Air Act process called "granting a waiver of federal preemption."  If EPA grants the state's waiver request, other states would be free to adopt California's new rules, which apply to all off-road diesel fleets currently in use.

On Dec. 15, AGC of America and its two California chapters formally petitioned the state of California to reconsider or repeal a new rule that would force construction companies across the state to retrofit or replace almost all of their heavy construction equipment.  California's new standards are enormously complex and certain to cost California's contractors billions of dollars.

A proposed rule released by the U.S. Environmental Protection Agency (EPA) Nov. 19 would establish the first national effluent (discharge) limit for stormwater runoff from construction sites.  Upon early review, it appears that AGC’s advocacy efforts and close work with EPA staff have produced a workable proposal that recognizes the importance of providing contractors with the flexibility to select best management practices (BMPs) to fit the conditions of their sites.  Much work remains, however, to ensure that the final rule does not include a strict numeric limit dictating the amount of sediment that may lawfully be discharged from construction sites across the country.

Tuesday, December 9, 2008 from 2:00-3:30pm ET  -- As "green" or sustainable construction becomes more commonplace, it is important to understand the potential risk management issues involved. This webinar takes a closer look at the insurance and surety implications when contractors are participating in delivering sustainable buildings.

A proposed rule released by the U.S. Environmental Protection Agency (EPA) Nov. 19 would establish the first national effluent (discharge) limit for stormwater runoff from construction sites.  Contractors would have to meet EPA’s technology-based “floor” on most sites by installing and maintaining a range of erosion and sediment controls that “are generally recognized and accepted as effective” best management practices (BMPs).  Construction sites disturbing 10 or more acres of land at a time would also need to install sediment basins to treat their stormwater discharges.  In addition, a strict numeric limit on the allowable level of turbidity would apply to sites of 30 acres or more that are located in rainy areas where the soil has high clay content. AGC is analyzing EPA’s proposal with an eye to the underlying data on the costs and benefits of the rule and will keep chapters and members informed of its actions.  The construction and development (C&D) effluent limitation guideline (ELG) proposal and other information are online at http://www.epa.gov/waterscience/guide/construction/. EPA will accept public comment for 90 days after the proposal appears in the Federal Register; publication is scheduled for Nov. 28.

The U.S. Environmental Protection Agency is considering action that could halt the future construction and the major renovations of buildings nationwide, and could also jeopardize funding for highway and transportation projects. AGC requests that members and chapters send comment letters against this new EPA action.

AGC stands ready to respond to the U.S. Environmental Protection Agency's (EPA) much anticipated rulemaking that will put forth a first-ever national effluent standard dictating the amount of sediment that may lawfully be discharged from all construction sites that disturb one acre or more of land.  A recent federal appellate ruling sets a Dec. 1 deadline for EPA to decide whether, and how, to set a strict, nationwide limit on stormwater discharges from construction sites.  Both in the courtroom and at the regulatory agencies, AGC continues to stress that numeric limits are not an appropriate control for construction runoff due to the high degree of variability in site parameters, regional and site specific rainfall, and erosion and sediment control effectiveness.

AGC of America, AGC of California, and the San Diego Chapter (collectively "AGC") are preparing to petition the California Air Resources Board (CARB) to reopen its rulemaking on emissions of nitrogen oxides (NOx) and particulate matter (PM) from existing fleets of off-road diesel equipment.  CARB's off-road retrofit rule took effect on June 15, 2008, subject to federal approval of CARB’s request for a so-called "waiver of federal preemption."  The U.S. Environmental Protection Agency (EPA) has announced plans to act on California’s request in very great haste and without holding hearings in California.  AGC has notified and will continue to remind both federal and state regulators of the many compelling reasons to take a carefully measured approach to California's request for federal approval of its off-road diesel emission standards, and not to proceed in such great haste.

Construction equipment is being targeted as a major contributor of air pollution.  All AGC Chapters and members are encouraged to participate in a free webinar on December 3 to learn about clean diesel technology, regulations and requirements facing today’s construction industry.  Register online at www.dieselforum.org/webinars.

AGC is pleased to announce that its members represent three-fourths of the Engineering News-Record 100 Top Green Contractors List, issued in September 2008.