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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.

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. 

The U.S. Senate is expected to vote this month on a resolution this month 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.S. J. Res. 26 was introduced by Senator Lisa Murkowski (R-Alaska) in response to EPA's effort to regulate greenhouse gases from motor vehicles that then trigger requirements for emission controls from all other sources, including commercial buildings, industrial facilities, and more.   EPA regulation under the Clean Air Act means more pre-construction permits, operating permits, and costly technology control installation requirements for building projects, and puts approval and federal funding for highway and bridge projects at risk.  It also means higher energy process for businesses and consumers that will affect demand for construction services nationwide, especially in a down economy. AGC urges all members to contact their Senators in support of Senator Murkowski's resolution.  To send a message to your Senators, you can use AGC's Legislative Action Center by clicking here.

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. 

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.

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.

Last week, the California Air Resources Board admitted that its earlier estimates of the emissions from the off-road diesel equipment in California were too high, and in light of both its mistakes and the downturn in the economy, agreed to amend its costly off-road rule. This action followed AGC's release of its own study of such emissions, where AGC found that the Board's original estimates exceeded actual emissions by at least 350 percent.  AGC also found and announced that - in the absence of any off-road rule - the construction and other regulated industries will exceed the Board's goals for emissions of particulate matter (PM) and nitrogen oxides (NOx) through 2020 and 2025, respectively.How dramatically the Board will change the rule remains to be seen.  While it admitted to making a mistake, the Board maintained that it had overestimated emissions by no more than 100 percent, and did not make any specific commitments.  It did, however, agree to consider the following:Greater reliance on turnover to Tier IV equipment (which will not become available in the higher horsepower equipment until 2015) to improve air quality;While maintaining the structure of the current rule, streamlining its requirements;Providing some additional delay in the enforcement of the rule (which the Board has already agreed to stay until the U.S Environmental Protection Agency gives the Board the legal authority to enforce it);Reducing the retrofit, repower and replacement requirements that would otherwise take effect before 2015; andClassifying more vehicles as low use, and therefore exempt from the rule.The Board also sought to reassure the contractors that have already complied with the rule, indicating that it will give these contractors credit for anything they have already done to reduce their emissions.AGC of America and both of its California Chapters will continue to monitor the situation carefully.  AGC has already asked the Board to delay all of the requirements for retrofitting, repowering, replacing or retiring existing equipment until 2015, and to eliminate all of the requirements specifically for NOx.   At this point, it remains far from clear that the Board is willing to go that far.  On the other hand, AGC has yet to review or comment on ways that the Board estimated the size of its earlier mistake, or to hold any follow-up discussions with the decision makers.