Recently, there has been an increased focus on black carbon and its potential impact on global warming. Diesel vehicles and equipment are one of the many sources of black carbon emissions.  The Diesel Technology Forum recently published a new paper, "Climate Change, Black Carbon & Clean Diesel," that presents definitions, statistics and facts about black carbon.  The paper explains how the introduction of new "clean diesel" technology is effectively shrinking black carbon emissions from U.S. transportation-related sources.

U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson appeared this week before the U.S. House of Representatives Committee on Transportation and Infrastructure to discuss the Clean Water Act's (CWA) permit program and EPA's immediate plans to strengthen its enforcement efforts. Jackson specifically called out construction sites as one of "the biggest threats" to our nation's waters, adding that EPA needs "to target enforcement to the most serious violations and the most significant sources."  To address what she describes as an "unacceptably low" level of enforcement activity, Administrator Jackson announced the release of EPA's new action plan to strengthen federal and state CWA enforcement. 

AGC and the Clean Air Task Force (CATF) today announced that the two organizations have agreed on principles to require reductions in diesel emissions from federally-funded transportation projects via contract change orders that cover 100 percent of the costs to retrofit equipment.  CATF represents leading environmental groups and targets diesel emissions reductions nationwide. Under the set of "Clean Construction Principles," states would first require successful bidders for federally-funded transportation projects to identify the off-road diesel equipment they plan to use on designated projects.  States would give priority to projects located in areas with poor air quality.  After exploring EPA-approved options for reducing diesel emissions, states would issue change orders requiring contractors to pursue the best of those options.   The change orders would entitle contractors to recover 100 percent of their costs. AGC and CATF have been working with Congressman John Hall (D-N.Y.) to turn these principles into a legislative proposal that the Congressman will pursue as an amendment to the surface transportation reauthorization bill.  Funding to cover the cost of the change orders would be designated in the bill. The announcement was covered by Greenwire/New York Times. To view a copy of the "Clean Construction Principles" click here.

AGC and the Clean Air Task force called on Congress to give states the authority to require diesel emissions reductions on federally-funded transportation projects.  The two groups agreed, however, that any such requirement should be made via a contract change order and that the cost of the reductions should be fully covered with federal funds.

AGC's acclaimed Building to LEED-NC: Overview and the Impact on Construction Practices course examines LEED for New Construction with a focus on the means and methods of construction. Attendees will learn about which prerequisites and credits have impacts on construction practices. The course details the ways in which major impact credits will affect decision making related to estimating, scheduling, documentation, contracts, and more. Updates for the new LEED v. 3.0 will be included in this course.

U.S. EPA Administrator Lisa Jackson appeared before the House Transportation and Infrastructure Committee today to discuss the Clean Water Act and EPA's intention to increase efforts to undertake enforcement actions under the Act. In her testimony to the Committee, Administrator Jackson noted that EPA is "reexamining its approach to enforcing the Clean Water Act permit program to address water pollution challenges of this century." Jackson specifically noted that recipients of National Pollutant Discharge Elimination System (NPDES) permits, including construction sites, wastewater treatment plants, mining, manufacturing facilities and additional industries, such as agriculture, would be targets of increased CWA enforcement by EPA. Administrator Jackson also indicated that the EPA formally released their "Clean Water Act Enforcement Plan" which is available on the EPA Web site.Administrator Jackson said about S. 787, the Clean Water Restoration Act,  that the Obama Administration believes that Congress can bring more clarity to permitting issues. Chairman Oberstar noted that he had not introduced companion legislation to S.787 yet. Several Committee members expressed concerns about removing the term "navigable" from the Clean Water, which the bill would do.  AGC has actively opposed this legislation because it would give EPA and the Corps jurisdiction over all wet areas - however remote or intermittent. At a recent hearing before the Small Business Panel on Waters and Wetlands Regulations, AGC testified that the bill would require construction contractors and project owners to obtain and be regulated by federal Clean Water Act permits far more frequently than is currently required. Administrator Jackson was also asked about the Obama Administration's position on the creation of a Clean Water Trust Fund.  Jackson indicated that the Obama Administration did not have a position for or against the "Trust Fund," but acknowledged that there was a major gap in the current investment in clean water infrastructure. AGC has been involved in direct talks with the EPA's enforcement arm, the Office of Enforcement and Compliance Assistance (OECA), and will continue to engage in discussions with EPA and the T&I Committee to ensure that the construction industry's concerns are heard and that EPA efforts include increased compliance assistance and industry outreach, in addition to increased enforcement actions.To view Administrator Jackson's and other testimony, as well as video of the hearing, click here.

A whole host of training, certification and work practice requirements called for by the U.S. Environmental Protection Agency's Lead-Based Paint Renovation, Repair and Painting (RRP) Program are slated to take effect in April 2010.  By that date, construction firms must apply for and receive EPA certification to disturb paint as part of their work in pre-1978 housing and child-occupied facilities.  In addition, all of these jobs must be supervised by certified renovators; specifically, individuals who have completed an EPA-accredited, full-day training course.  Plus, other craft workers on such jobsites must be properly trained and equipped to follow the RRP Program's lead-safe work practices when performing their assigned tasks.  AGC members covered by the RRP rule should take steps now to meet the upcoming April 2010 compliance deadline. 

U.S. EPA's FY2009/2010 Request for Proposals (RFP) for the National Clean Diesel Funding Assistance Program is now online at http://www.epa.gov/air/grants_funding.html.  EPA anticipates awarding a total of approximately $64 million under this announcement, subject to the availability of funds and the quality of proposals received.  

In July, as part of a highly-competitive national grant competition, the U.S. Environmental Protection Agency (EPA) awarded $156 million in clean diesel grants, including $3 million to the Minnesota Environmental Initiative to support voluntary retrofit efforts by members of AGC of Minnesota and other diesel users throughout the state. The money will be used to retrofit, repower or replace heavy diesel equipment, as authorized by the Diesel Emission Reduction Program and funded under the American Recovery and Reinvestment Act of 2009.

New safety concerns regarding the management of coal combustion wastes may spark first-time federal rules that could jeopardize the future use of fly ash in the construction of roads and buildings.  Last December, a containment failure at a Tennessee-based waste impoundment released approximately 1 billion gallons of coal ash sludge into the adjoining rivers and neighborhood, resulting in more than $1 billion in clean up costs.  The accident has brought the public's attention to the hundreds of similar impoundments nationwide and triggered an evaluation of how effectively states and the federal government are addressing the storage and disposal of coal combustion waste.