EPA Administrator Lisa Jackson has declared the cement-lined Los Angeles river as "navigable," allowing her agency to enforce Clean Water Act protections throughout the river's 834-square-mile watershed.Recent Supreme Court rulings have strictly interpreted "navigable" as the means of determining which water bodies deserve federal regulatory protections aimed at limiting industrial discharges and protecting wetlands.Repeated efforts by Democrats in Congress to strike the word "navigable" from the Clean Water Act and expand federal regulatory power have failed in the face of intense opposition from agricultural and other industry opponents. The most recent effort appears stalled.The L.A. River's new designation represents a dramatic change from two years ago, when the Army Corps of Engineers proposed declaring limited stretches of the river navigable.Confusion over what waters should be deemed "navigable" stems from two Supreme Court decisions -- Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers in 2001 and Rapanos v. United States in 2006.EPA sources report the agency is currently looking at another river, the Santa Cruz in Arizona, to evaluate its legal status as a "traditional navigable water."AGC will continue to monitor these efforts by EPA and oppose legislative efforts to expand the reach of the Clean Water Act in this manner.

New technical bulletins are now available on the U.S. Environmental Protection Agency's (EPA) National Clean Diesel Campaign (NCDC) website to support fleet managers who are considering Diesel Oxidation Catalysts (DOCs) or Diesel Particulate Filters (DPFs) as potential retrofit technologies.  Click here for a list of "verified" retrofit technologies that the Agency has approved for use on construction equipment. 

Recent upgrades to the U.S. Environmental Protection Agency's (EPA) new "Rulemaking Gateway" offers small businesses "an easy way" to track most rulemakings, according to the Agency.  This website provides an overview of EPA's priority rulemakings that are currently under development. It also serves as a portal to more in-depth information on other federal websites such as Regulations.gov.  AGC previously reported in the Observer on the launch of these websites, along with other tools to help contractors stay informed and involved with policymaking decisions at EPA and other federal government agencies.

The U.S. Environmental Protection Agency (EPA) recently finalized new stormwater requirements that will impact nearly every construction and development project in the United States.  Penalties for violating these "Construction and Development Effluent Limitations Guidelines" (C&D ELG) may reach $37,500 per day per violation.  Are you prepared?  Click here for an in-depth Q&A analysis, prepared by AGC.

The U.S. Environmental Protection Agency (EPA) recently announced it will delay enforcement of the new Lead Renovation, Repair and Painting Program (RRP) regulations.  The Agency issued a memorandum providing renovation firms and workers additional time to obtain necessary training and certifications to comply with its new lead paint rules. EPA's decision is a win for AGC of America and AGC of Maine; both trade groups worked to inform the Agency of the difficult timeline the rule would impose on contractors.

The U.S. Senate rejected 47 to 53 a motion to proceed to a resolution that would block the U.S. Environmental Protection Agency (EPA) from regulating greenhouse gases under the Clean Air Act.  Six Democrats joined their Republican colleagues in support of the motion.

Following the President's primetime Oval Office address in mid-June on the Gulf oil spill, Senate Democratic leaders and the White House are trying to reach a consensus on a path forward for Senate consideration of a comprehensive energy and climate change bill.  While Senate Majority Leader Harry Reid (D-Nev.) continues to meet with members of the Democratic caucus to craft a package that could garner 60 votes, a White House meeting with a bipartisan group of senators to discuss the issue was cancelled and rescheduled.  President Obama's participation might provide momentum for the Senate to tackle the issue this year, although the president has not been specific about what he would like to see in the final product.

Beginning in May of 2007, AGC has been in front of the California Air Resources Board's (CARB) effort to set and enforce stringent and steadily declining standards for emissions of nitrogen oxide (NOx) and particulate matter (PM) from off-road diesel engines already in use in the construction industry.  With the help of AGC of California and the San Diego Chapter, and additional financial assistance from Chapters nationwide, AGC has worked to persuade CARB to amend its rule and the U.S. Environmental Protection Agency (EPA) to block its enforcement.  Now, CARB has invited AGC to the table for help in reconciling the emissions data it used to create the rule.

Public and commercial building contractors beware and take action to help shape a future lead paint rule.  The U.S. Environmental Protection Agency (EPA) has started to develop lead-safe work practices and other requirements that may well apply to renovation and remodeling activities both on the exterior and inside of all public and commercial buildings. EPA is actively reviewing the lead paint laws that are already on the books for residential renovation and remodeling work and considering whether and how to apply those requirements to public and commercial building renovation and remodeling.  AGC needs contractor input on a variety of important industry-specific issues currently under consideration at EPA.  Please email your answers to any of the 12 questions below to Leah Pilconis at pilconisl@agc.org by Friday, July 2, so that AGC may meet EPA's July 6 comment deadline.

The U.S. Environmental Protection Agency (EPA) is establishing pollution limits for nitrogen, phosphorous and sediment entering the Chesapeake Bay and its tributaries. The agency expects to finalize the new "total maximum daily load" (TMDL) in December 2010. The TMDL will likely impact new construction in the Bay area and establish a model for cleaning up watersheds nationwide.