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.

On May 13, the U.S. Environmental Protection Agency (EPA) finalized a "Tailoring Rule" that requires greenhouse gas (GHG) emissions permits for the construction, renovation and operation of large facilities.  The Clean Air Act New Source Review Prevention of Significant Deterioration (PSD) and title V stationary source permit programs were triggered for GHGs once the agency began regulating such gases under the Act, which happened when it finalized first-ever GHG emission limits for new motor vehicles on April 1. The Tailoring Rule temporarily raises the emissions thresholds specific to GHGs that apply to large facilities and sets a timetable for phasing in the permitting of medium and possibly even small facilities. 

The U.S. Senate is expected to vote on a resolution early in June that would block the U.S. Environmental Protection Agency (EPA) from regulating greenhouse gases under the Clean Air Act.  AGC is concerned that Clean Air Act regulation of greenhouse gases would delay or stop construction projects nationwide.

Senators John Kerry (D-Mass.) and Joe Lieberman (I-Conn.) Wednesday unveiled a new approach to climate change legislation they say can achieve the 60 votes necessary to pass the Senate.  However, no Republicans have expressed support for the package and today all six west coast Democrats came out in opposition to provisions they feel did not restrict off shore drilling enough.  The 987-page American Power Act promises to cut U.S. emissions of greenhouse gases by 17 percent from 2005 levels by 2020 and 80 percent by 2050, consistent with President Obama's pledge to the international community in December 2009.  It would still allow the EPA to regulate stationary sources under the Clean Air Act.

AGC responded last week to the proposed Senate climate bill, noting that it will make it more difficult to cut pollution and emissions by establishing new regulatory obstacles and robbing transportation funds.

The U.S. Environmental Protection Agency (EPA) is moving forward with its commitment to propose and take final action by November 2012 on a first-time national rule that would set new standards to control stormwater discharges from developed sites.  As a result of AGC's advocacy work, EPA has decided to not require contractors to respond to a lengthy, mandatory survey that will guide and inform future requirements pertaining to long-term stormwater control practices, recognizing that contractors are not responsible for designing, financing, operating or maintaining post-construction (permanent) stormwater controls.

The U.S. EPA is moving forward with its commitment to a first-time national rule that would set new standards to control stormwater discharges from developed sites.  As a result of AGC's advocacy work, EPA has decided to not require contractors to respond to a lengthy, mandatory survey, recognizing that contractors are not responsible for designing, financing, operating or maintaining post-construction stormwater controls.

EPA recently finalized its new stormwater rules that will impact nearly every construction and development project in the United States. The so-called Construction and Development Effluent Limitations Guidelines (C&D ELG) rule for the first time imposes an enforceable numeric limit on stormwater discharges from sites disturbing 10 acres or more at one time, requires monitoring to ensure compliance with the numeric limit, and requires nearly all construction sites to implement a range of prescriptive erosion and sediment controls and pollution prevention measures. Both the homebuilding industry and the U.S. Small Business Administration have taken legal action to challenge EPA's C&D ELG rule and, in particular, its numeric turbidity standard that dictates how murky stormwater can be when it runs off regulated construction sites.