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The U.S. Environmental Protection Agency (EPA) recently re-negotiated its previously revised settlement agreement with environmental groups setting a new deadline for proposing a national rule that would limit stormwater discharges from developed and redeveloped properties. Latest reports are that EPA will propose the “post-construction” rule by June 10, 2013, and complete a final action by Dec. 10, 2014. �鶹��Ƶ continues to track EPA’s progress in satisfying the many legal, authority and process issues that go along with promulgating first-time national post-construction rules.

If you own or operate a stationary generator, pump, compressor or some other piece of stationary equipment then you probably need to “retrofit” its engine to comply with federal National Emission Standards for Hazardous Air Pollutants (NESHAP).  Nearly one million existing, stationary diesel Reciprocating Internal Combustion Engines (RICE) are affected by the federal mandate to cut exhaust levels of carbon monoxide by 70 percent or more.  Leading engine manufacturers warn that compliance is not going to be cheap, easy, or quick – especially when a limited number of qualified experts have roughly one year to meet the nation’s retrofit needs under the NESHAP for RICE.  Also be aware that the U.S. Environmental Protection Agency (EPA) recently proposed several amendments to the rule, particularly regarding RICE used for emergency or back-up power.

Last week, U.S. Congress approved the transportation reauthorization bill, Moving Ahead for Progress in the 21st Century Act (MAP-21), by a vote of 373-52 in the House of Representatives and 74-19 in the Senate. The President is expected to sign the bill sometime this week.  Below is a summary of the key environmental provisions in the legislation.

The Senate considered, and ultimately passed, legislation to reauthorize agricultural programs through 2017, commonly known as the Farm Bill.  �鶹��Ƶ and its industry partners were targeting this bill as a legislative vehicle for inclusion of a provision to prevent the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) from finalizing their guidance that would allegedly “clarify” what waters are subject to federal control and permit requirements under the Clean Water Act.  �鶹��Ƶ maintains that the guidance, if finalized in its current form, would significantly expand federal jurisdiction  -  thereby increasing construction costs and project delays.

The U.S. Environmental Protection Agency (EPA) has proposed stricter National Ambient Air Quality Standards (NAAQS) under the Clean Air Act for fine particulate matter (PM2.5) to resolve a lawsuit over EPA’s delay in updating the standards. The proposal is available here. Comments are due August 31, 2012.

The U.S. Environmental Protection Agency (EPA) has proposed cost-saving amendments to clean-air rules for the Portland cement manufacturing industry that went final in 2010.  Most notably, the proposal would give operators of cement manufacturing plants that use Portland kilns more time to meet the new 2010 requirements.  It also would revise certain emissions limits and monitoring requirements that apply to those kilns, thereby providing more compliance flexibilities and options.

�鶹��Ƶ is pleased to announce the appointment of six new members and the new chair, Connie Determan with Kiewit Corporation, to serve on its Environmental Forum Steering Committee through the �鶹��Ƶ Convention 2015.  Members of the Steering Committee have direct access to federal regulatory officials, influence over �鶹��Ƶ's environmental agenda, and a means to exchange valuable information with one another and industry peers.  �鶹��Ƶ also acknowledges the invaluable contributions of those members who recently completed their terms on the Steering Committee.

In response to stakeholder concerns, the U.S. Green Building Council (USGBC) announced on June 4 the decision to delay until 2013 the member voting on the newest version of its Leadership in Energy and Environmental Design (LEED) green building rating system—LEED 2012.  USGBC also has renamed the LEED 2012 draft to LEED v4 and will initiate a LEED v4 beta test.

A new governmental review of green building rating systems will inform future decision-making on the system(s) to be used across the federal government.  An interagency group is examining the Green Building Certification System Review and evaluating how these systems can advance the performance of federal buildings.  The General Services Administration (GSA) will hold an online listening session on July 10 for the public to provide feedback to the review group.

�鶹��Ƶ held its first-ever Contractors Environmental Conference on June 7-8, 2012, in the Washington, D.C. area.  Approximately 100 participants learned from industry experts, peers and regulators the latest strategies for maintaining compliance, improving efficiencies, exploring new markets and being competitive in today’s environment.