Construction Industry Compliance Assistance

your source for plain language explanations of
environmental rules for the construction industry

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What's New

bullet EPA finalizes modification to the 2017 Construction General Permit (CGP). The U.S. Environmental Protection Agency (EPA) finalized a modification to the National Pollutant Discharge Elimination System (NPDES) 2017 Construction General Permit (CGP), which covers eligible stormwater discharges from construction activities in areas where the EPA is the permitting authority. The final modified permit will take effect on June 27, 2019. More information.

bullet Emission Standards for Composite Wood Products. EPA published a final rule to reduce exposure to formaldehyde emissions from certain wood products produced domestically or imported into the US. After March 22, 2019, composite wood products must be labeled as TSCA Title VI compliant. More information.

bullet Respirable Crystalline Silica in Construction. The new OSHA construction industry standard applies to all occupational exposures to respirable crystalline silica in construction work and sets a new Permissible Exposure Limit (PEL) of 50 micrograms of respirable crystalline silica per cubic meter of air (50.0 µg/m3) as an 8-hour Time-Weighted Average (TWA). More information.

bullet EPA Finalizes AGC-Supported Addition of Aerosol Cans to the Universal Waste Regulations. On Nov. 15, 2019 the U.S. Environmental Protection Agency finalized an AGC-supported rule expanding the universal waste regulations to include aerosol cans and streamlining the management of this waste. More information.

bullet The Obama administration’s 2015 “Waters of the United States” (WOTUS) rule—which defines federal environmental permitting jurisdiction involving wetlands—is in effect in 22 states and some counties in New Mexico (click here for a map) until December 23, 2019, when the formal repeal of the 2015 WOTUS rule goes into effect. More information.

bullet EPA finalizes modification to the 2017 Construction General Permit (CGP). The U.S. Environmental Protection Agency (EPA) finalized a modification to the National Pollutant Discharge Elimination System (NPDES) 2017 Construction General Permit (CGP), which covers eligible stormwater discharges from construction activities in areas where the EPA is the permitting authority. The final modified permit will take effect on June 27, 2019. More information.

bullet Waters of the United States. As a result of a federal court ruling on August 16, 2018, the Obama administration's 2015 "Waters of the United States" (WOTUS) rule—which defines federal environmental permitting jurisdiction involving wetlands—is now in effect in 26 states (listed below). More information.

bullet Respirable Crystalline Silica in Construction. The new OSHA construction industry standard applies to all occupational exposures to respirable crystalline silica in construction work and sets a new Permissible Exposure Limit (PEL) of 50 micrograms of respirable crystalline silica per cubic meter of air (50.0 µg/m3) as an 8-hour Time-Weighted Average (TWA). More information.

bullet CICA SWPPP section changes. CICA has updated links to EPA SWPPP guidance documents that were changed to reflect the new 2017 Construction General Permit (CGP). Go to SWPPP page.

bullet EPA Issues Final Construction General Permit to Reduce Stormwater Pollution
EPA has issued the final 2017 Construction General Permit (CGP), a permit that will continue to reduce pollution to the nation’s waterways by requiring controls for stormwater discharges from construction sites. Stormwater discharges during construction activities can contain sediment and other pollutants that harm aquatic ecosystems, increase drinking water treatment costs, and pollute waters that people use for fishing, swimming, and other recreational activities.

The 2017 CGP is similar to the 2012 CGP, it replaces and includes discharge limitations and requirements for self-inspections, corrective actions, staff training, and development of a Stormwater Pollution Prevention Plan. It also includes several new features such as requiring waste containers to have lids or cover when not in use or at the end of the business day, requiring controls to minimize exposure of building materials containing PCBs to precipitation and stormwater, and requiring large disturbances to be stabilized faster. The 2017 CGP will take effect February 17, 2017 and will last for five years.

bullet EPA Finalizes Nationwide Electronic Reporting Rule for Stormwater Permits. In September, 2015 the U.S. Environmental Protection Agency (EPA) finalized a nationwide rule that requires construction site operators to submit certain National Pollutant Discharge Elimination System (NPDES) stormwater permit documentation to their permitting authorities using an electronic reporting tool, instead of filing paper. The new rule requires states to share these data with EPA, along with government-administered inspection and enforcement results. You can find more information here.

bullet EPA Announces Availability of $26 Million to Clean Up Diesel Engines Nationwide
EPA announced the availability of $26 million in grant funding to establish clean diesel projects aimed at reducing emissions from the nation's existing fleet of diesel engines. Eligible applicants include regional, state, local or tribal agencies, or port authorities with jurisdiction over transportation or air quality. For more information and to access the Request for Proposals, visit http://www.epa.gov/cleandiesel/clean-diesel-national-grants.

bullet EPA Issues Draft Risk Assessment for Chemical used in Spray Adhesives, Dry Cleaning and Degreasing
EPA released for public comment and peer review a draft risk assessment for 1-Bromopropane (1-BP) used in spray adhesives, dry cleaning (including spot cleaners) applications, and degreasing uses. Additional information on the 1-BP draft Risk Assessment and other Work Plan Chemicals can be found at: http://www.epa.gov/assessing-and-managing-chemicals-under-tsca/assessments-tsca-work-plan-chemicals

bullet EPA Releases Small Lot Tool for Construction General Permit. EPA recently released a new tool to assist small residential lot builders in developing their required stormwater pollution prevention plan, or SWPPP document, for EPA's Construction General Permit (CGP). Learn more: http://www2.epa.gov/national-pollutant-discharge-elimination-system-npdes/stormwater-discharges-construction-activities#overview

bullet Free Green Building Safety Curriculum and Mobile App for Tool Box Talks Available. CICA is pleased to announce the addition of two educational resources promoting safety on green buildings. The curriculum gives safety professionals the opportunity to learn about the what, when, where and why of green building systems, supporting stronger preventative action when setting up site safety plans. Developed by a grant, these resources are available for free. Click here to check them out on CICA’s Safety and Health page.

bullet REMINDER: Re-certify your RRP firm. Under the Lead Renovation, Repair and Painting (RRP) rule, if it’s been five years since you last certified your firm, it’s time to re-certify your firm. To complete the certification application and to pay online, click here. The firm certification is separate from renovator certification. You can find more information here.

bullet EPA Extends Lead Paint Re-certification for Renovators. EPA extended certifications for thousands of renovators under the Lead Renovation, Repair and Painting (LRRP) rule, effective April 16, 2015. The extension will allow as many people as possible to take advantage of pending cost-saving revisions to the federal requirements for refresher training – a course which certified renovators must complete to maintain their “lead-safe certified renovator” status. More information.

bullet Court Issues Nationwide Stay of EPA/Corps Regulation Redrawing Clean Water Act Jurisdiction. In October 2015, the United States Court of Appeals for the Sixth Circuit issued a nationwide stay of the new federal regulation redefining “Waters of the U.S.” (WOTUS) for the purposes of the Clean Water Act. Just a few months prior, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (USACE) had finalized the new regulation (now on hold) in an effort to clarify the scope of the statute’s requirements. Click here for a link to the USACE Regulatory Program webpage.

bullet Stormwater Effluent Guidelines. EPA is working on amendments to the 2009 Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category (C&D rule). Effective January 4, 2011, EPA has stayed the numeric limitation of 280 NTU. This action affects not only the effluent guideline, but also Construction General Permits to be issued by EPA and by States. Final action on the rule is expected by February 2014.

bullet 2012 Construction General Permit. On February 16, 2012, EPA issued the final CGP. The 2012 CGP includes a number of modifications to the 2008 CGP, many of which are necessary to implement the new Effluent Limitations Guidelines and New Source Performance Standards for Construction and Development point sources, known as the "C&D rule."

bullet Stormwater Discharges from Construction Activities - Regulatory Status. Check on the latest amendments to Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category (more). Also, EPA intends to propose a rule to strengthen the national stormwater program by 2013 and complete a final action by in 2014 (more).

bullet New Federal Rule Establishes Requirements During Renovation, Repair and Painting Activities that Disturb Lead-Based Paint - April 22, 2010 Compliance Date
The covered facilities include residential, public or commercial buildings where children under age six are present on a regular basis as well as all rental housing. The rule applies to renovation, repair or painting activities. More information.

bullet PCBs in Caulk in Older Buildings

bullet Final rule will increase protections for children during renovations. On March 31, 2008, EPA announced new requirements to protect children from lead-based paint hazards in pre-1978 housing or child-occupied facilities being renovated or remodeled. Read more information on the lead rule. Read EPA's press release. Read more about EPA's Renovation, Repair and Painting program.

bullet Army Corps and EPA Improve Wetland and Stream Mitigation
The U.S. Army Corps of Engineers and U.S. Environmental Protection Agency released a new rule on March 31, 2008 to clarify how to provide compensatory mitigation for unavoidable impacts to the nation’s wetlands and streams. The rule will enable the agencies to promote greater consistency, predictability and ecological success of mitigation projects under the Clean Water Act.

bullet OSHA Training "Ask the Expert" by Cipriano A. Guzman, P.E. from Bilingual Safety Training, LLC. Click here to ask a question ...

bullet Reduce Cost by Using Low Impact Development Practices (Publication No. EPA 841-F-0-006, Dec. '07) This report provides infomration to cities, counties, states, private-sector developers and other on the costs and benefits of using Low Impact Development (LID) strategies and practices to help protect and restore water quality. More ...

bullet EPA Widens Window on Regulatory Process—EPA is sharing more information about ways the public can get involved in environmental regulation. More ...

CICA's Consultants Directory—Click here to enter your company.

CICA Center fact sheet explains how the National Environmental Policy Act of 1969 affects highway and bridge construction projects. The Environmental Stewardship and Transportation Infrastructure Project Review process is also discussed.

A new planning guide for construction & development, "Managing Your Environmental Responsibilities (MYER)" is now available from EPA. CICA also provides a convenient links page that allows you to link to any URL mentioned in the guide.