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.

EPA announced it will not fine renovation workers if he or she enrolls in or applies to enroll in a certified renovator class by September 30, 2010, and completes training by December 31, 2010. The June 18 EPA memo is online at http://www.epa.gov/lead/pubs/giles_RRP_memo.pdf.

Unfortunately, in most states, there are few EPA-"accredited" trainers available to educate construction workers on these new requirements.  EPA states in its memo that it will pursue additional training opportunities in every state to meet the demand for classes.  In addition to the enforcement delays noted above, EPA will not take enforcement action for violations of the Lead RRP rule's firm certification requirement until October 1, 2010, according to EPA's memo.  (It should be noted, however, that only the certification requirements are being delayed; any failure to follow lead safe work processes would trigger an immediate violation.)

For more details on the Lead RRP Rule and AGC's action on lead, please refer to AGC's Environmental Observer here.

AGC July 6 responded to an Advance Notice of Proposed Rulemaking by the U.S. Environmental Protection Agency (EPA) to expand the Agency's Lead Renovation, Repair and Painting Program (RRP) requirements to cover work performed in commercial and public buildings.

The ANPR includes no proposed language.  Rather, the public was invited to respond to over 100 detailed questions and data requests.  Currently there are no limits on the potential scope of regulated commercial and public buildings. Other unresolved questions include: What renovation and repair work should be covered? What activities create the most risk? Should exposure pathways be broadened to include nearby properties?  AGC invited members to help shape the future lead paint rule and solicited input on a variety of important industry-specific issues currently under consideration at EPA.

AGC Comments

As part of a coalition with 15 other organizations, AGC filed comments with EPA maintaining that the Agency lacks the legal authority to adopt requirements for Lead RRP activities in public and commercial buildings.  In the comments, the coalition pointed out that the statute under which EPA would issue the rule grants it the authority to issue guidelines for work practice standards, but not the authority to promulgate such regulations for RRP in public and commercial buildings.

For more detail on AGC's comments on the EPA's ANPR and background on the Lead Paint Renovation, Repair, and Painting Program, please click here.

The AGC of America Specialty Contractors Council (SCC) released a two-page "Best Practices Guidance for Retainage" document in Fall 2009.  Developed by the SCC Executive Committee with input from the more than 1,000 AGC specialty contractor members who responded to an AGC retainage survey, this resource is intended to provide guidance to specialty contractors who face cash-flow issues related to retainage.

The guidance document is available here.  Additional resources include a summary of the AGC retention survey results and the AGC-ASA-ASC Guideline on Retainage from the Guidelines for a Successful Construction Project.  The Guidelines for a Successful Construction Project is a joint effort of AGC of America, the American Subcontractors Association (ASA) and the Associated Specialty Contractors (ASC).

August 11, 2010 | 1:00-3:00pm ET

Join us for this comprehensive program that will provide General Contractors management tips and strategies covering the relationships with subcontractors and suppliers in today's difficult construction economy.

Topics to be covered include:

• Why subcontractors and suppliers may fail
• Best practices for General Contractors to manage their relationships with Specialty Contractors and Suppliers
• How to pre-qualify and screen potential subcontractors and suppliers to assure their ability to perform
• How to manage subcontractors and suppliers to avoid defaults and assure payment of bills
• How to use your subcontract and purchase order forms to protect your company
• How ConsensusDOCS standard contract forms can help your business practices.

To learn more visit: www.agc.org/suppliers.

PowerPoint presentations from the June 2010 AGC Building Contractors Conference in Midway, Utah are now available by clicking here.

Presentation topics include: lean construction case studies, EPA Effluent Limitations Guidelines rule, OSHA's agenda, material prices outlook, sustainable design return on investment, an update on surety issues, and a presentation on the future challenges of growth in construction.

Presentations from past Building Contractors Conferences can be found at www.agc.org/building.

AGC of America, together with the National Association of State Facilities Administrators (NASFA), Construction Owners Association of America (COAA), APPA: The Association of Higher Education Facilities Officers, and the American Institute of Architects (AIA), just released Integrated Project Delivery for Public and Private Owners.

Integrated Project Delivery for Public and Private Owners explores the varying degrees of collaboration found in IPD, defining it as a philosophy and as a delivery method.  The publication explores why owners should consider adopting IPD principles, how IPD fits in to related industry trends, such as BIM and Lean, and offers suggestions on how to integrate IPD principles into construction projects.  Owners, general contractors and all project stakeholders will find Integrated Project Delivery for Public and Private Owners to be a useful resource regarding IPD. 

This publication is available for free at www.agc.org/projectdelivery or by clicking here.

The AGC Specialty Contractors Council Executive Committee (SCC EC) met June 10, 2010 at the AGC Building Contractors Conference in Midway, UT.  Topics included the current construction market, AGC's value to specialty contractors, and future SCC initiatives.  The SCC EC will meet via conference call this Fall and in person at the 2011 AGC Annual Convention in Las Vegas, NV.

OSHA is now enforcing the Severe Violators Enforcement Program that it announced in April. The program focuses enforcement efforts on employers who willfully and repeatedly endanger workers by exposing them to serious hazards. The directive establishes procedures and enforcement actions for the severe violator program, including increased inspections, such as mandatory follow-up inspections of a workplace found in violation and inspections of other worksites of the same company where similar hazards or deficiencies may be present.

AGC is concerned that the administration's efforts to emphasize fines and penalties over collaboration and results will undermine successful partnerships between industry and government that helped cut the construction fatality rate in half between 1998 and 2008.

For more information, contact Kevin Cannon at (703) 837-5410 or cannonk@agc.org.

July 22, 2010 | 2:00pm-3:30pm ET

There are still a few spots left for this FREE informative webinar.  ConsensusDOCS has dozens of administrative forms to help you whether your project is large or small.  Discover the advantages of using ConsensusDOCS forms to help you manage the day-to-day administration of your construction projects. 

Using the ConsensusDOCS 700 Series as a baseline for examples, you will learn how to use these administrative documents to manage your projects more efficiently starting with the ConsensusDOCS 705 Invitation to Bid/Sub-Bid Proposal all the way through to the 782 Certificate of Final Completion.  Documents to be reviewed include:

• RFI's, Bidding and Qualifications Statements
• Bond Forms
• Materials Storage
• Change Orders
• Purchase and Payment Forms
• Certificates of Completion

Register Today - FREE.

For more information, contact Megan McGarvey at (703) 837-5369 or mcgarveym@agc.org.

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. 

The new C&D ELG requirements, published in the Federal Register on December 1, 2009, will directly apply to a construction site "operator" when they are incorporated into an individual or general NPDES (National Pollutant Discharge Elimination System) stormwater permit that applies to his/her project(s). Construction stormwater permits are good for five years.  States are required by EPA to incorporate the new ELG requirements into their permits upon next reissuance.  For detailed information on the ELG rule and a list of state permit expiration dates, click here for an AGC article. 

Click here to find out more about the challenges brought against EPA's national stormwater rules.

For more information, please contact Leah Pilconis at (703) 837-5332 or pilconisl@agc.org.