This article is the third article in AGC’s three-part series on SPCC compliance.  By Chris Ennes, Western Region Environmental Manager for Ames Construction, Inc.; member of AGC’s Environmental Forum Steering Committee It is a late weeknight evening and my cell phone rings. A project superintendent alerts me that a portable aboveground storage tank (AST) has been mobilized on one of Ames’ construction sites.  He wants to know the best spot to stage the tank and then asks if it is okay to put fuel into it.  Over time, one learns as an environmental manager of a construction firm how to field an impromptu call like this.

Today, the House approved H.R. 2681, the Cement Sector Regulatory Relief Act of 2011, a bill that would force the U.S. Environmental Protection Agency (EPA) to rewrite three new rules targeting cement makers that impose stringent emission requirements and solid waste standards on the industry.

Climate change once again moves to the forefront in public discourse after the U.S. Environmental Protection Agency (EPA) Office of Inspector General released a report criticizing the process EPA used in determining that greenhouse gases (GHG) endanger public health and welfare.  The report, requested by Sen. James Inhofe (R-Okla.) in April 2010, determines EPA did not complete the necessary peer reviews for a “highly influential scientific assessment,” which was warranted in this case.  Sen. Inhofe and Rep. Darrell Issa (R-Calif.) are calling for committee hearings and further review of the report findings—ensuring that GHGs will be part of the overall discussion on EPA regulations moving forward.

The House is scheduled to vote Wednesday, Oct. 5 on H.R. 2681, the Cement Sector Regulatory Relief Act of 2011, which would force the Environmental Protection Agency (EPA) to rewrite three new proposed regulations for the cement industry. 

AGC continues to call for greater transparency, accountability and oversight in the development of national rules covering Lead Renovation, Repair and Painting (LRRP) activities.  AGC helped to bring some positive movement this summer on the “residential” side of the LRRP rule – which is now in full effect – and influenced the U.S. Environmental Protection Agency’s (EPA) decision to abandon lead-dust sample and testing for repair work on homes, schools and daycare centers built prior to 1978.

A testament to AGC’s continued outreach and strong advocacy work, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have announced their intent to move ahead with a rulemaking to clarify critical jurisdictional terms under the Clean Water Act (CWA) and have invited AGC to represent industry on a small business review panel scheduled to meet Oct. 12.  This regulatory development is very important to contractors because to the extent that waters remain under state control (and the federal government doesn't broaden its jurisdiction over every wet area), contractors will not need to obtain costly and time-consuming CWA Section 404 "wetlands" permits before commencing work.

This article is the second of a three-part series. Look for the third installment in mid-October. By Jo Moore, Environmental Director for Ranger Construction Industries, Inc; member of AGC’s Environmental Forum Steering Committee If you have oil on your jobsite, or at your asphalt plant, be aware of the Nov. 10, 2011, deadline to comply with the U.S. Environmental Protection Agency’s (EPA) oil spill planning rule. The federal Spill Prevention Control and Countermeasure (SPCC) program applies to the owner and operator of any facility or construction site that has the “capacity” to store more than 1,320 gallons of any type of oil product in above ground storage tanks/containers. This is Part 2 of a three-part series intended to help AGC members determine if they need a federally-required oil spill plan – and, if they do, the series will help them develop one that meets EPA requirements.

The U.S. Environmental Protection Agency’s (EPA) recent decision to pull back its latest stormwater turbidity limit proposal will help the construction industry avoid billions in new compliance costs.  Unfortunately, EPA is only seeking to delay imposing its nationwide limit on dirt in stormwater, instead of abandoning the idea all together.  AGC’s strong advocacy and outreach efforts have led EPA to hold off for a decade on forcing contractors to monitor the water running across their jobsites and publicly report any exceedance of a strict number limit. Following is a rundown on recent events, the implications for construction and AGC’s take away message.

As advocated by AGC, the U.S. Environmental Protection Agency (EPA) has reportedly delayed its release of controversial new rules to restrict stormwater that washes off land development sites after construction work is completed.  We can now expect to see a “post-construction” stormwater proposal in December 2011.  This extra time hopefully will allow the agency to resolve many of the legal, authority and process issues that AGC has repeatedly expressed to both EPA and Congressional staff with regard to first-time national post-construction rules.

Last week, the president announced that the administration will delay promulgation of new National Ambient Air Quality Standards for ozone.  In his statement, the president said that economic concerns and efforts to reduce regulatory burdens and uncertainty led to his decision to delay the new standard until at least 2013.  AGC welcomed the decision having asked the U.S. Environmental Protection Agency (EPA) to wait on moving forward with new standards until 2013 when the agency is scheduled to finish its next review of the most current science on ozone.