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The U.S. Environmental Protection Agency (EPA) has abruptly decided to abandon the first nationwide numeric limit on the amount of sediment that can cloud the water running off of construction sites.  Citing evidence that both ÎÚÑ»´«Ã½ and the National Association of Home Builders (NAHB) included in their comments on EPA's original proposal - and in direct in response to a lawsuit that NAHB subsequently filed - EPA has admitted that its new "Effluent Limitations Guidelines"  for the "Construction and Development Industry" (C&D ELG) are fundamentally flawed.  Click here to read the August 13 motion that EPA filed with a federal court of appeals asking it to declare that its numeric turbidity limit is void and to send that limit back to the agency for reconsideration.  EPA also has asked the court to put the pending lawsuit on hold until it completes the rule review process.

The newly designed Building to LEED® for New Construction will help contractors and other building professionals navigate the green building certification process, understand the newest version of the rating system and maintain their LEED credential.

On June 20, the U.S. Environmental Protection Agency (EPA) published a proposed rule to classify coal combustion residuals (CCR) as either hazardous or non-hazardous waste. CCRs are used widely in vertical and horizontal construction. ÎÚÑ»´«Ã½ asks members to help inform the association's comments on the EPA proposal by completing a short survey by August 16. 

The U.S. Environmental Protection Agency (EPA) is writing a national rule to reduce stormwater discharges from developed sites.  EPA has asked ÎÚÑ»´«Ã½ to identify small construction company representatives who can advise a panel of government lawmakers on how to minimize the potential burden of the proposed regulation on small businesses.   If you are interested in serving in this capacity, please email pilconisl@agc.org by August 4.  

As you know, ÎÚÑ»´«Ã½'s Aon Build America Awards program has for decades showcased the best construction projects including environmental excellence. For the 2011 awards, ÎÚÑ»´«Ã½ members can now submit their entries for Build America online. Submissions are due November 5, 2010. 

On Capitol Hill, the House and Senate rush to pass measures to reform offshore oil drilling and encourage energy and job-creation efforts. These measures were sparked by an announcement from Senate Majority Leader Harry Reid (D-Nev.) last week that he would not push for comprehensive climate change and energy legislation this summer. 

Contractors need to be aware of upcoming changes in off-road diesel fuel standards and labeling requirements. Since June 1, 2010, large refiners and importers have been producing only ultra-low sulfur diesel (ULSD) fuel (fuel with less than 15 parts per million sulfur content) for use in off-road equipment (except marine and locomotive diesel fuel), per U.S. Environmental Protection Agency rules.  By December 1, 2010, all off-road diesel fuel offered for sale must be ULSD fuel, with limited exceptions.  EPA requires fleet operators to use ULSD in ALL highway diesel vehicles and in Model Year (MY) 2011 and later off-road diesel equipment. In addition, contractors who store and dispense their own diesel fuel must label their diesel fuel pumps, per EPA rules.

ÎÚÑ»´«Ã½ 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.

 EPA Administrator Lisa Jackson has declared the cement-lined Los Angeles river as "navigable," allowing her agency to enforce Clean Water Act protections throughout the river's 834-square-mile watershed.Recent Supreme Court rulings have strictly interpreted "navigable" as the means of determining which water bodies deserve federal regulatory protections aimed at limiting industrial discharges and protecting wetlands.Repeated efforts by Democrats in Congress to strike the word "navigable" from the Clean Water Act and expand federal regulatory power have failed in the face of intense opposition from agricultural and other industry opponents. The most recent effort appears stalled.The L.A. River's new designation represents a dramatic change from two years ago, when the Army Corps of Engineers proposed declaring limited stretches of the river navigable.Confusion over what waters should be deemed "navigable" stems from two Supreme Court decisions -- Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers in 2001 and Rapanos v. United States in 2006.EPA sources report the agency is currently looking at another river, the Santa Cruz in Arizona, to evaluate its legal status as a "traditional navigable water."ÎÚÑ»´«Ã½ will continue to monitor these efforts by EPA and oppose legislative efforts to expand the reach of the Clean Water Act in this manner.

New technical bulletins are now available on the U.S. Environmental Protection Agency's (EPA) National Clean Diesel Campaign (NCDC) website to support fleet managers who are considering Diesel Oxidation Catalysts (DOCs) or Diesel Particulate Filters (DPFs) as potential retrofit technologies.  Click here for a list of "verified" retrofit technologies that the Agency has approved for use on construction equipment.