This week, the House Energy and Commerce Committee voted 31-16 to approve H.R. 2218, the “Coal Residuals Reuse and Management Act of 2013,” which was sponsored by Rep. David McKinley (R-W.Va.) and a bipartisan group of representatives. The legislation would prevent the U.S. Environmental Protection Agency (EPA) from regulating coal ash (including fly-ash) as a “hazardous” substance. The legislation would give states broad powers to regulate the disposal of waste from coal combustion as long as they follow minimum federal standards. Earlier this week, AGC sent a letter to the committee urging that the legislation be adopted.

The House Energy and Water Appropriations Subcommittee approved a $30.4 billion energy and water spending bill for FY 2014 after adding a policy rider that would bar the Army Corps of Engineers (USACE) from implementing guidance that clarifies which U.S. waters fall under federal protection via the Clean Water Act (CWA). The guidance, which was proposed in May 2011 and sent to the Office of Management and Budget (OMB) for interagency review and finalization in February 2012, clarified which waters are subject to CWA jurisdiction in response to two U.S. Supreme Court decisions.

Wal-Mart has pleaded guilty to charges of environmental crimes, including the mishandling of hazardous waste and pesticides, and agreed to pay a total of $110 million to settle the cases.  The plea agreements end a decade-long investigation into the retailer’s hazardous waste management practices and send a message to all companies – of any type and size – that the storage, transport and disposal of hazardous waste is strictly controlled by federal and state law.  Referenced below are specific issues that may impact general contractors.

AGC is pleased to announce the appointment of five new members to serve on its Environmental Forum Steering Committee through the AGC Convention in 2016. Members of the Steering Committee have direct access to federal regulatory officials, influence over AGC’s environmental agenda, and a means to exchange valuable information with one another and industry peers. AGC also acknowledges the invaluable contributions of those members who recently completed their terms on the Steering Committee.

Many of the environmental rules that are in the pipeline for the next four years are on the U.S. Environmental Protection Agency’s (EPA) regulatory agenda because of court-ordered settlement agreements—including many that impact the business of construction. A new report from the U.S. Chamber of Commerce, Sue and Settle: Regulating Behind Closed Doors, identifies ten costly environmental rules resulting from sue and settle practices and names those advocacy groups that most frequently use these practices to bring about immediate action and set the policy agenda for regulatory agencies.

Public and Commercial Buildings are Target for Future Rules The U.S. Environmental Protection Agency (EPA) published the details for an upcoming public meeting - set for June 26, 2013 - on the subject of EPA’s ongoing evaluation into whether to and how to regulate renovation, repair and painting (RRP) activities in all public and commercial buildings that purportedly have lead-based paint.  EPA provided advanced notice of this meeting earlier in the year, when it solicited comment from stakeholders who manage or perform RRP work on the exterior or interior of such buildings.  AGC has already submitted detailed comments questioning the lack of lead-paint data for public and commercial buildings. AGC is also preparing to testify at the upcoming public meeting. 

As AGC predicted and reported last week, the U.S. Environmental Protection Agency’s (EPA) 2013 diesel retrofit grant competition is now open.  To view the Request for Proposals (RFP), application, instructions and all supporting information go here - http://epa.gov/cleandiesel/prgnational.htm.  Proposal packages are due by Tuesday, June 25, 2013, at 4:00 p.m. EDT.

The U.S. Environmental Protection Agency (EPA) recently announced 17 enforcement actions for violations of the Lead Renovation, Repair and Painting (LRRP) rule. EPA believes that far too many firms are not complying with the LRRP requirements; a violation could cost you $37,500 per day. Click here for AGC’s Fact Sheet on what the LRRP rule requires.

May 9 UPDATE: EPA’s 2013 Diesel Retrofit Grant Competition is NOW OPEN! To view the Request for Proposals (RFP), application, instructions and all supporting information go here - http://epa.gov/cleandiesel/prgnational.htm.   Proposal packages are due by Tuesday, June 25, 2013, at 4:00 pm EDT. The U.S. Environmental Protection Agency (EPA) currently has approximately $20 million available in grant funding to reduce emissions from diesel engines nationwide, including those used in exiting fleets of construction equipment.  EPA anticipates releasing the 2013 Clean Diesel Funding Request for Proposals (RFP) this month.  Later in the year, the agency will award money to “eligible entities” (like AGC Chapters) that prevail in the national grant competition.  Get a head start on your application by participating in EPA’s webinar (May 13 or 14) and be sure to follow AGC’s grant writing tips, as detailed below.

The United States Court of Appeals for the District of Columbia held that the U.S. Environmental Protection Agency (EPA) has the authority under the Clean Water Act (CWA) to change, if not revoke, Section 404 “dredge-and-fill” discharge permits that have already been approved and issued by the U.S. Army Corps of Engineers (Corps). Mingo Logan Coal Co. v. USEPA, No. 12-5150 (D.C. Cir. April 23, 2013). The federal court ruled that CWA Section 404(c) grants EPA this power “whenever [it] determines” that the discharge will have an “unacceptable adverse effect” on identified environmental resources. The decision further complicates the already complex process of obtaining authorizations necessary for public works and private development projects.