The U.S. Green Building Council (USGBC) has made available the newest draft of its green building rating system for public comment until May 28, 2012.  The 2012 version of the Leadership in Energy and Environmental Design (LEED) up for review contains changes pertinent to contractors, specialty contractors and manufacturers of building materials—such as a new credit addressing “chemicals of concern”.

Now is the key time to tell your Members of Congress that the forthcoming final guidance from the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) is bad for your business and the construction industry as a whole. The final guidance document – which describes EPA and the Corps’ view of their authority to regulate all waters and wetlands — significantly changes and expands what water features are subject to federal jurisdiction and permit requirements under the Clean Water Act (CWA). 

The 2012 AGC Contractors Environmental Conference, June 7-8, 2012, in Arlington, Virginia, is your chance to network with your peers and learn from more than 30 speakers the latest environmental strategies that are saving contractors money, improving operations and taking firms to the next level. 

The House Appropriations Committee approved a $32.1 billion energy and water FY 2013 spending bill Wednesday after adding a policy rider that would bar the Army Corps of Engineers from implementing their guidance that clarifies which U.S. waters fall under federal protection via the Clean Water Act. The amendment was introduced by Rep. Dennis Rehberg (R-Mont.) and passed by a vote of 29-20.

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are moving ahead to finalize their guidance on “Identifying Waters Protected by the Clean Water Act”, despite industry’s objections, while they prepare to initiate rulemaking on the definition of “waters of the United States.” The final guidance document – which describes EPA and the Corps’ view of their authority to regulate all waters and wetlands — significantly changes and expands what water features are subject to federal jurisdiction and permit requirements under the Clean Water Act (CWA). Looking ahead, a recent U.S. Supreme Court decision in Sackett v. EPA will provide useful support for property owners and others seeking to challenge CWA jurisdictional determinations made by the agencies outside the context of a compliance order.

The U.S. Environmental Protection Agency (EPA) recently designated the entire nation as “unclassifiable/attainment” for the new 2010 nitrogen dioxide (NO2) air quality standards, based on the most recent air monitoring data (2008-2010). However, EPA expects to redesignate areas after it has received three years of data from a new roadside air quality monitoring network, to be in place by 2013.

The U.S. Army Corps of Engineers (Corps) recently reissued 48 nationwide permits (NWPs) and issued two new ones to authorize a variety of construction operations that have minimal impact on waters and wetlands. Most of the reissued nationwide permits have no major changes from 2007, the last time they were authorized. The 2012 NWPs took effect March 19 and are valid for five years.

The U.S. Environmental Protection Agency (EPA) may soon end its program that allows regulated companies to self-disclose environmental violations.  EPA’s so called “Audit Policy” has been around since 1995 and it has incentivized thousands of companies to voluntarily disclose and correct environmental violations in exchange for reduced (and sometimes waived) fines and penalties.  However, the Agency has plans to cut back its Audit Policy program to “a minimal national presence.”  AGC is currently evaluating whether or not to push EPA to maintain this existing program and seeks member input on the value of having the self-disclosure option – particularly when managing mergers and acquisitions.

The U.S. Environmental Protection Agency’s (EPA) National Clean Diesel Campaign (NCDC) opened a national grant competition on April 20, 2012.  The Agency is currently accepting proposals for projects that reduce diesel engine emissions.  The Fiscal Year (FY) 2012 Request for Proposals (RFP) is posted here and on www.grants.gov.  The RFP will be open for approximately 45 days, closing on June 4, 2012.   EPA plans to award approximately $20 million across the country in Clean Diesel Funding Assistance Program funds in the fall 2012, under the Diesel Emissions Reduction (DERA) program.  The NCDC website contains more information regarding clean diesel technologies, past awarded projects and helpful tips.

In May 2011, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) issued draft guidance on “Identifying Waters Protected by the Clean Water Act.”  As this guidance document moved from proposed to final form, the concerns, including those raised in AGC’s comments, were not addressed.