Last week, the National Association of Home Builders (and other parties) announced a settlement with the U.S. Environmental Protection Agency (EPA) regarding their long-standing lawsuit over the 2009 “Effluent Limitations Guidelines” for the “Construction Development Industry” (C&D ELG) rule. EPA will undertake a new rulemaking in the near term to "scrap the turbidity limit altogether" and to modify several of the mandatory “non-numeric” Best Management Practices (BMP) requirements that currently form the basis of the 2009 rule. Click here to read the signed settlement document.

After nearly four years, Lisa Jackson, the head of the Environmental Protection Agency, has announced her departure from the nation’s top environmental post. Jackson has said she will step down following President Obama’s State of the Union address in January. Jackson, the former commissioner of New Jersey’s Department of Environmental Protection, has often been a polarizing figure to many in the environmental and business communities.

Overall Agency Supports Many of AGC’s Positions In response to a court ordered deadline, on Dec. 14 the U.S. Environmental Protection Agency (EPA) finalized a rule to require a 20 percent reduction in the amount of fine particulate matter (PM2.5) allowed in outdoor air through the entire country. The current standard has been in place since 1997. Reduction in the emission of fine particulate matter is expected to come chiefly from diesel engines and coal-fired power generation plants. States must meet the standard by 2020 or face penalties. The standard will make it harder for some industries to expand operations without strict pollution controls.

In this issue of the Observer, AGC’s Environmental Forum Steering Committee Chairman Connie Determan provides construction companies with a resource for developing an environmental program that supports environmental compliance and achievement of company objectives.  “The Contractor Guide to Developing an Environmental Program” was developed through the collaborative effort of construction companies located in the United States for the purpose of supporting the environmental performance of the projects they perform.

Farming and development groups have joined wastewater agencies in defending the U.S. Environmental Protection Agency (EPA) against threats to the legality of its water quality trading (cap and trade) program—a key part of its Chesapeake Bay clean-up plan (Total Maximum Daily Load or TMDL), finalized back in 2010.  Food and Water Watch and Friends of the Earth filed suit against the Agency on Oct. 3 claiming that the trading scheme violates the Clean Water Act and will worsen water quality in the Bay and nationwide.

The U.S. Environmental Protection Agency (EPA) recently finalized its reinterpretation of the Agency’s policy regarding Polychlorinated Biphenyl (PCB) contaminated building materials.  The “PCB Bulk Product Waste Reinterpretation” addresses the federal Toxic Substances Control Act (TSCA) requirements governing the disposal of building debris that has been in contact with non-liquid PCBs such as PCB-containing caulk and paint.

Companies marketing their services or products as “environmental friendly” will have to qualify their statements, in light of the Federal Trade Commission's (FTC) newly updated Guides for the Use of Environmental Marketing Claims.  Last revised in 1998, the 2012 “Green Guides” describe the types of claims the FTC may or may not find deceptive.  Although, the guides themselves are not independently enforceable, the FTC can take enforcement action against deceptive claims.

Get prepared now!  Any construction company that wants to stay in compliance with the myriad of new and forthcoming stormwater runoff requirements needs an effective document management system. Sign up for AGC’s Dec. 18 stormwater compliance webinar and learn how to use brand new “template” documents – created by US EPA with assistance from AGC contractors – designed to keep projects in compliance. 

The Associated General Contractors of America (AGC) will hold its second national "Contractors Environmental Conference: Compliant. Competitive. Cost-Effective" on June 13-14 2013, at the Renaissance Capital View in Arlington, Va., right outside of Washington, D.C. We invite you to submit a proposal for a compelling educational presentation on environmental issues geared towards construction professionals.

On Jan. 8, 2013, from 2:00 - 3:30 p.m. ET, US EPA’s SPCC Technical Team Leader will give you the exact information you need on federal Spill Prevention Control & Countermeasure (SPCC) program requirements. This program applies in all 50 states and regulates any construction site that has the capacity to store more than 1,320 gallons of oil.  Since EPA’s Nov. 2011 compliance deadline, ALL “regulated” jobsites must have a compliant SPCC Plan in place before starting work.