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.

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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. 

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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.

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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.

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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.

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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. 

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The U.S. Environmental Protection Agency's (EPA) Lead Renovation, Repair, and Painting Program (RRP) rule was fully implemented on April 22, 2010.  Under the current rules, contractors who perform renovations, repairs and/or painting projects in most pre-1978 housing, child-care facilities and schools (i.e., that have, or are assumed to have, lead-based paint) must comply with federal accreditation, training, certification and recordkeeping requirements, or risk fines of up to $37,500 per day per violation. Adding to the already complex regulatory regime, EPA has just taken three new actions that widen the rule's potential impact on the construction industry.  Most notably, EPA is also exploring whether or not to impose the RRP requirements to the exteriors - and possibly even the interiors - of all public and commercial buildings. 

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The U.S. Environmental Protection Agency (EPA) today has proposed the first-ever national rules related to the disposal and management of coal ash from coal-fired power plants.  Coal combustion wastes, including coal ash or fly ash, are widely used in construction applications.

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In response to a federal Bureau of Labor Statistics (BLS) solicitation for comments on green jobs, AGC of America has submitted comments that ask the BLS to re-think its intentions, based on our belief that such a task is both beyond the scope of the Bureau's mission and impossible to complete accurately.

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