Workers who use paint strippers containing methylene chloride, also known as dichloromethane (DCM), are at risk for cancer and other health problems, the U.S. Environmental Protection Agency (EPA) said in an assessment released on Aug. 28. EPA estimates that over 230,000 workers nationwide are directly exposed to DCM-based strippers. The findings of EPA’s final risk assessment could move the agency to regulate DCM.

The U.S. Environmental Protection Agency (EPA) has identified areas in six states as not meeting the new, more stringent National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5), set back in 2012. But the rest of the country is not in the clear because EPA is expected to tighten the ozone NAAQS to a level that would put an area in almost every state in violation – and impose unprecedented clean-up costs. Already states are struggling to secure the emission reductions they need to develop “approvable” state implementation plans. EPA is expected to soon publish a finding that at least two states with nitrogen dioxide nonattainment areas failed to submit adequate air plans, potentially leading to Clean Air Act sanctions.

AGC Explains Legal Limits to Mandates on Stormwater Retention, Flow or Impervious Surface Area As previously reported, the U.S. Environmental Protection Agency (EPA) has stopped work to promulgate a new national rule to restrict the discharge of stormwater from developed sites (after construction is complete). That’s the good news. The troubling news is that EPA continues to carry out the objectives of its deferred rulemaking via its existing permit process for municipal separate storm sewer systems (MS4s), which is legally questionable. AGC members should be on the lookout for new requirements that limit stormwater flow or impervious surface area at developed sites, as well as unmanageble mandates to retain runoff onsite to mimic pre-development conditions. AGC has a “toolbox” of resources available to help you respond.

Earlier this week, the House of Representatives passed H.R. 5078, the Waters of the United States Regulatory Overreach Protection Act, by a vote of 262-152. This bill would halt the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers’ (Corps) proposed rulemaking that redefines “waters of the U.S.” under the Clean Water Act (CWA).  It would prevent the agencies from finalizing the rule and require that they consult with state and local governments to form recommendations for a consensus regulatory proposal.

Over the last several months, the U.S. Green Building Council and the Green Building Certification Institute have been forging new relationships as well as strengthening existing ties with other organizations.  Those working on Leadership in Energy and Environmental Design (LEED) and other green projects (such as Sustainable SITES) will be impacted by these developments.

In August, the U.S. Environmental Protection Agency (EPA) updated its Rainfall Erosivity Factor Calculator, which can help you determine the value of the rainfall erosivity factor (R-factor) on a small construction project (disturbing less than five acres).  Small construction sites with an R-factor of less than five (5) qualify for a waiver from stormwater permitting requirements in areas where EPA is the permitting authority.  Certain state permitting authorities also may accept low erosivity waivers.

AGC submitted detailed comments on a proposed rule by the U.S. Environmental Protection Agency (EPA) that would give the agency the authority to cut into the paychecks of those who have unpaid debts, such as a fine or penalty for an alleged environmental violation. EPA would be allowed to garnish up to 15 percent of the “disposable pay” of delinquent debtors who do not work for the federal government via a process known as administrative wage garnishment (AWG) – all without a court order.

Joins Real Estate and Development Groups in Submitting Comments AGC and 11 other groups active in the real estate development, construction, and management fields called on the Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Corps) to categorically exclude municipal separate storm sewer systems (MS4s) from being considered “waters of the U.S.” (WOTUS) in official comments submitted to the agencies’ proposed rulemaking.

U.S. EPA is blocking its science advisers from speaking freely to the public and the press, according to a letter sent to EPA chief Gina McCarthy by journalism and scientific advocacy groups. At a recent closed-door meeting of the EPA’s Science Advisory Board, the entity that EPA convenes to independently review the scientific underpinnings of many of the agency’s rulemakings, EPA issued a memorandum outlining the policy for EPA advisers to handle inquiries from the press and the public. Science advisers are directed to refer those requests to EPA employees so that the Office of External Affairs can determine the agency's response.

Comment on Massive Expansion of Federal Jurisdiction in ‘Waters of the U.S.’ Proposed Rule UPDATE: The agencies have extended once again the public comment period on the WOTUS proposal to Nov. 14, 2014. AGC encourages members to use our template letter in the Regulatory Action Center to help craft their comments to EPA and the Corps on the agencies’ proposal. The U.S. Chamber of Commerce also is circulating a set of comments, which are designed to highlight the business/industry objections to the rulemaking. AGC of America is joining the Chamber’s effort in addition to comments that AGC already filed on municipal separate storm sewer systems (MS4s), additional forthcoming AGC of America comments, and forthcoming comments from the Waters Advocacy Coalition, where AGC sits on the steering committee. *********************************************************************************************************************************