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In May 2011, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) issued draft guidance on “Identifying Waters Protected by the Clean Water Act.”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. 

Senators Barrasso (R-Wy.), Inhofe (R-Okla.), Heller (R-Nev.) and Sessions (R-Ala.), along with 26 of their colleagues, introduced legislation to stop the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) from implementing its guidance on Clean Water Act jurisdiction.

The U.S. Environmental Agency (EPA) recently posted to its website a new “template” for construction site operators to use to develop stormwater pollution prevention plans (SWPPPs).  SWPPPs are site-specific documents that are required under EPA’s and other state-specific construction general permits to control construction stormwater runoff to waters of the United States from active sites with disturbance of one acre or more of land. 

This week, the construction industry has been hit with good news on the issue of federal jurisdiction over wetlands in the Clean Water Act. The U.S. Supreme Court, in a unanimous March 21 ruling, said that an Idaho couple could legally challenge an Environmental Protection Agency (EPA) compliance order that told them to restore wetlands on their property. The case was filed by Mike and Chantell Sackett of Idaho, who were told by EPA that they were unable to get judicial review over EPA’s designation that pieces of their land is wetlands. They were further told that if they did not obey a compliance order directing them to restore the property they had already begun developing to its original state, they would be subject to up to $37,500 a day in fines.

In accordance with AGC’s recommendations, the U.S. Environmental Protection Agency (EPA) has proposed to maintain the applicability thresholds for greenhouse gas (GHG)-emitting stationary sources at the current levels as begun under steps one and two of the Tailoring Rule (Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule; Final Rule, 75 Federal Register 31,514, June 3, 2010).  The current levels apply to large emitters such as power plants and large industrial facilities.  EPA released this “step three” proposal on February 24, 2012; comments are due April 20, 2012.

The U.S. Environmental Protection Agency (EPA) is seeking public comment on a proposal to consider certain polychlorinated biphenyl (PCB)-contaminated building materials as “bulk product waste” instead of “remediation waste” for disposal.  (77 Federal Register 12293; Feb. 29, 2012)  According to the agency, this proposed reinterpretation has the potential to reduce the costs and time associated with PCB removal and disposal.

Network with and learn from peers and experts across the country facing the same environmental challenges you see every day.  Registration is now open for AGC’s first national conference on environmental issues that affect construction professionals on June 7-8, 2012, in Arlington, Va., just across the river from our nation’s capital. The 2012 AGC Contractors Environmental Conference will provide educational sessions, discussions, networking opportunities and technology demonstrations with a specific focus on how to generate profits, gain efficiencies, save money and manage risks.

Effective Feb. 16, EPA’s new 2012 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) applies in four states—(1) Idaho; (2) Massachusetts; (3) New Hampshire; and (4) New Mexico—the District of Columbia; Puerto Rico; all other U.S. territories, with the exception of the U.S. Virgin Islands; federal facilities in four states—(1) Colorado; (2) Delaware; (3) Vermont; and (4) Washington—and most Indian lands and for a few other specifically designated activities in specific states.  The new requirements for controlling construction site runoff will affect construction firms across the U.S., because state stormwater permit programs also have to meet with the EPA’s approval.