At the end of 2009, the U.S. Environmental Protection Agency (EPA) published effluent limitations guidelines (EGLS) and new source performance standards (NSPS) to control storm water runoff and the discharge of pollutants from construction sites. The new regulations took effect on February 1, 2010, requiring all permits issued by the EPA to incorporate the new requirements.

New Maximum Numeric Turbidity Limitations

For the first time, the EPA has set numeric limits for the discharge of storm water from construction sites. The EPA has set a maximum daily average numeric limit of 280 NTU (a turbidity measurement) for covered sites.

In case you don’t know, Wikipedia defines Turbidity as:

Turbidity is the cloudiness or haziness of a fluid caused by individual particles (suspended solids) that are generally invisible to the naked eye, similar to smoke in air. The measurement of turbidity is a key test of water quality.

The turbidity limitations will effect construction sites on a phase-in schedule. Construction sites with 20 or more acres of earth disturbance must comply starting August 2, 2011, and those sites with 5 or more acres of earth disturbance must comply starting February 2, 2014.

Covered sites must monitor the storm water discharge for turbidity, report the results of the monitoring and use control technologies (which are not defined) to ensure that the maximum levels are not exceed.

Other Changes (Non-Numeric BMPs)

The EPA has identified other mandatory Best Management Practices (BMPs) relating to: (i) Erosion and Sediment Controls (40 CFR § 450.21(a)); (ii) Soil Stabilization (40 CFR § 450.21(b)); (iii) Dewatering (40 CFR § 451.21(c)); (iv) Pollution Prevention Measures (40 CFR § 450.21(d)); and (v) Prohibited Discharges (40 CFR §450.21(e)).

Additional Resources

• Environmental Protection Agency Web Release of Regulations
• Full Text of Regulations
• Article by Barnes & Thornburg, LLP
• Article by Vinson & Elkins, LLP

A draft of the International Green Construction Code (IGCC) is scheduled for release in March 2010.  Developed in partnership with the American Institute of Architects and ASTM International, and supported by the United States Green Building Council, the code is expected to perform as a “model code” for jurisdictions across the country looking to draft and enforce green construction codes in their areas.

There’s a key difference between the proposed “code” and rating systems such as the LEED Rating system.    Unlike rating systems like LEED, the IGCC is a regulatory framework.

A great article explaining the IGCC and its potential uses and challenges was written by Harvey Berman, a LEED AP lawyer in Ann Arbor, Michigan.   Read it here:   “ICC makes rapid progress on International Green Construction Code.”

It will be interesting to see which jurisdictions adopt the IGCC, and which go further to make it mandatory.

As many in the green building sector know, California has already adopted a “California Green Building Standards.”  While code compliance is currently voluntary, it becomes mandatory this year.   Other cities and states have introduced and passed legislation that will require commercial projects to meet certain sustainable performance benchmarks, although not always in the form of a code.

In Washington state, and the City of Seattle, new laws require commercial property owners to report its energy performance, and disclose it to future tenants and purchasers.   Seattle, Washington, Portland and the entire Pacific Northwest is likely to be among the early adaptors of the IGCC.

Louisiana certainly hasn’t remained dormant in the green building sector, and perhaps the state and its parishes will look closely at the IGCC when its released.

Energy Inspectors – Is this an idea or reality for municipalities?   Well, to all those installing solar panels, insulation products and other green appliances and products, in some areas the use of energy inspectors is reality.

In cities like Austin, TX, an Energy Inspector is now a required position.  His or her job is to inspect new residential dwellings and make sure they are up to the city’s strict code.

Austin is not the only place in the US with such a position, states such as California have similar positions. I came across this interesting bit of green construction knowledge when reading this New York Times Article “A New Enforcer in Buildings, the Energy Inspector”

The article reports that we lose or waste more energy in our homes than necessary. Old homes that were build to outdated codes are just throwing money and energy literally out the window. States like Florida, Texas and California are being proactive in the fight to save energy and costs for consumers.

We’ve reported in the past that Louisiana is leading the country in some areas related to green building, and so it shouldn’t be surprising that New Orleans has an engery inspector positions as well.   Heck, the New Orleans energy inspector has even been quoted by the New York Times in a piece they ran about the green movement in Louisiana.  (A Sustainable New Orleans Slowly Rises in Katrina’s Wake).  In the article the energy inspector, Zach Embry, is referred to as the city’s “renewable energy permitting specialist.”

It’s important for contractors, suppliers and others in the industry to think  the energy inspector position, not only because of what it means for the green movement in general, but also because it will affect your ability to provide green products and services to clients.

And of course, in this area, the laws, regulations and inspections can be a moving target.  So, be careful.

A few weeks ago, we posted an article about the tax credits available to homeowners, property owners and developers for installing solar energy equipment in Louisiana (Louisiana the Greenest?  It’s Certainly The Brightest).  Therein, we explained that Louisiana has some of the most impressive incentives in the nation for solar energy installations.

Let’s look at this issue from another angle:  Those who are supplying and installing the solar energy equipment.

The available tax incentives and market demand has increased competition in these installations, and still more organizations are wondering how they can offer solar installation services to their clients.    Since the real advantage to installing solar panels or solar energy equipment is the available tax credits, we’ll focus this blog post on what qualifications the installer must have for its clients to be eligible for state and federal tax credits.

The Louisiana Board of Contractor’s Study Reference Guide for the Electrical Work examination has this within it, giving insight on the certification requirement for those interested in installing this equipment:

Electrical contractors who intend to do photovoltaic panel and windmill installations must, in addition to getting their Electrical Work classification, also obtain independently the classification of “Solar Energy Equipment” and meet other requirements in order for their customers to be eligible for certain state tax credits.For more information about eligibility for the credits, please contact the Louisiana Department of Revenue and Taxation.

In addition to this “Solar Energy Equipment” classification, the Department of Revenue’s Notice of Intent on Income Tax Credits for Wind or Solar Energy Systems (LAC: 61:I:1907) requires the installing contractor to have “a certificate of training in the design and installation of solar energy systems from an industry recognized training entity, Louisiana technical college, or the owner of the residence.”

Who are some industry recognized training entities?   Well, I suppose this is a matter for interpretation, but the following programs should be worthy:

• La Clean Tech
• NABCEP (North American Board of Certified Energy Practitioners)
• Boots on the Roof
• Ontility Training

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