For the first time in over 35 years, the U.S. Environmental Protection Agency (EPA) has proposed changes to the national ambient air quality standard (NAAQS) for nitrogen dioxide (NO2).  NAAQS define the maximum allowable level of pollutants and drive state air pollution cleanup programs.  EPA has proposed adding a new one-hour standard to the existing annual standard.  EPA also proposes to establish a roadside monitoring network to track peak levels of NO2 along major highways.  AGC is analyzing what a new NAAQS for NO2 may mean for future construction, including new stricter requirements and/or restrictions on diesel engines and their use.EPA must set its final rule for NO2 air quality by January 22, 2010. NO2 serves as the indicator for the entire family of nitrogen oxides; diesel engines emit NOx (mono-nitrogen oxides).  Based on our consultation with diesel experts, a tighter NAAQS for NO2 could impact diesel engine users in the following ways: Trigger federally enforced clean-up measures and additional stress on state and local air quality planning. If EPA ratchets down the standard (allowingless NO2 in the air), many states may need to reduce their sources of NO2 to stay in attainment of the new federal air standards. (Currently, California is the only state that has ever had NO2 nonattainment areas.) States are responsible for preparing and executing state implementation plans (SIPs) to achieve and maintain NAAQS within their borders. As part of the SIP, states may enact and enforce requirements that affect the business of construction. (What is more, states that fail to develop suitable SIPs could be subject to numerous federal sanctions, including emissions caps limiting economic development and the loss of federal highway transportation funds.) Potential for more stringent new diesel engine emission standards for NOx. The proposed rule discusses all the progress made across the board for diesel engines, which seems to suggest that EPA is not thinking about proposinglower NOx standards for diesel engines of any kind. Still, more stringent new diesel engine emission standards for NOx area possible consequence of tighter NO2 standards. (NOTE: If EPA's NO2 proposal goes final, the "official" designations for attainment and non-attainment will not occur until 2012 - with the first compliance dates coming in the year 2022, at the earliest. At that point, a substantial number of the unregulated Tier 0 (high NOx emitting) equipment may be retired.) Establishment of a roadside monitoring network to identify where NO2 levels are the highest and requirements to monitor the effectiveness of control measures. The proposed rule puts a lot of emphasis on "hot-spots" and, in particular, concentrations of NO2 near roadways. EPA is proposing specific minimum requirements to guide placement of new NO2 monitors, including a condition that at least one monitor be located near a major roadway in any urban area with a population greater than or equal to 350,000 people. That could mean more state measures to reduce NOx emissions from in-use diesel vehicles and equipment. This could trigger restrictions on how contractors use and operate their construction equipment, as well as early retirement and/or retrofit requirements. Restrictions on future transportation planning and programs. Transportation and traffic is one of the biggest contributors of NO2, according to environmentalists' reports. If EPA sets new more stringent standards for NO2, it will certainly impact transportation planning and programs in the future. Transportation conformity (a Clean Air Act process that requires coordination of transportation and air quality planning) applies to all ozone, carbon monoxide, particulate matter and NO2 nonattainment and maintenance areas, regardless of classification. When an area is out of conformity, meaning the projected motor vehicle emission in the transportation planning documents (TIP) do not stay within the budgets set by the air quality planning documents (SIP), the funding and implementation of all federal highway/transit projects in the nonattainment area are suspended.For an EPA PowerPoint presentation on NO2 click here.The text of the proposed rule and additional information is on EPA's Web site at http://www.epa.gov/air/nitrogenoxides/. For more information, contact Leah Pilconis at (703)837-5332 or pilconisl@agc.org.

The great irony of building green is that the very concepts intended to enhance a building's performance over its entire lifetime are many of the same things that make a building highly susceptible to moisture and mold problems during its first few years of operation.

The U.S. Environmental Protection Agency's (EPA) National Clean Diesel Campaign (NCDC) just announced a new "clean diesel helpline."  Get answers to your questions on clean diesel funding and technologies within one business day.

The U.S. Environmental Protection Agency (EPA) recently awarded a total of $156 million in clean diesel grants in an extremely fierce national grant competition authorized by the Diesel Emission Reduction Act (DERA - part of the Energy Policy Act of 2005) and funded by the American Recovery and Reinvestment Act (ARRA) of 2009.  Surprisingly, this unprecedented disbursement of clean diesel funds will support only 13 percent of the approximately 600 clean diesel project applications that EPA received under the National Clean Diesel Funding Assistance Program.  The Diesel Technology Forum is hosting two live Webinars (no charge) on September 2 -- Lessons Learned - A Closer Look at Recent ARRA Funded DERA Projects -- to take a closer look at the Recover Act round of funding. 

AGC of Kentucky and Constructors Association of Western Pennsylvania (CAWP) have won $2 million and $925,000 respectively in federal grants under the U.S. Environmental Protection Agency's (EPA) National Clean Diesel Funding Assistance Program.  In addition, the Chapters have leveraged more than $725,000 in matching and in-kind contributions by pulling together an impressive array of project partners.  Both Chapters will use the funds to cut diesel emissions from construction equipment.

Construction companies nationwide will suffer significant financial losses and more construction workers will lose their jobs if the federal government allows California to proceed with plans to impose retroactive emissions standards on diesel construction equipment, warned AGC in an August 10 letter to the U.S. Environmental Protection Agency (EPA).

The second installment of AGC's summary of the American Clean Energy and Security Act of 2009 (H.R. 2454) explains the major provisions of Title II (Energy Efficiency) of interest to the construction industry.

When Congress reconvenes after Labor Day, the U.S. Senate will resume its work on a comprehensive energy and climate bill.  In part, those deliberations will focus on a companion bill, the America Clean Energy and Security Act, or H.R. 2454, which the U.S. House of Representatives passed on June 26, 2009, by a vote of 219 to 212. This article begins a series of articles that AGC will publish in AGC's Environmental Observer to keep members informed of the ongoing climate change debate in Congress.  These articles will summarize H.R. 2454 in plain English and include AGC's preliminary reactions.Majority leaders in the Senate are aiming to vote on their version of the climate change bill as early as October.  After the differences between the two bills are reconciled, the resulting language will need to secure passing votes in both houses of Congress before a final bill can go to President Obama.As Congress debates climate change, the U.S. Environmental Protection Agency (EPA) is also laying the foundation to regulate greenhouse gas emissions under the Clean Air Act though both industry groups and several government agencies (including EPA) have expressed concern that regulation under the existing statute is not the best course of action.Read more here.For more information, contact Karen Lapsevic at (202) 547-4733 or lapsevick@agc.org.

AGC urged the Environmental Protection Agency to decline California's request for a waiver to the Clean Air Act, a move that would hurt the already-devastated industry by forcing them to retrofit or replace billions of dollars in equipment.A study conducted by AGC shows that 32 states are poised to follow California's lead on the issue.  Meanwhile, AGC pointed out that states would be hard pressed to find a better way to undermine the stimulus than forcing contractors to throw away billions in perfectly good equipment.View a copy of AGC's letter to the EPA or view a copy of the new analysis of states likely to follow in California's wake.For more information, contact Leah Pilconis at (703) 837-5332 or pilconisl@agc.org.

For the first time in over 35 years, the U.S. Environmental Protection Agency (EPA) has proposed changes to the national ambient air quality standard (NAAQS) for nitrogen dioxide (NO2).  NAAQS define the maximum allowable level of pollutants and drive state air pollution cleanup programs.  EPA has proposed adding a new one-hour standard to the existing annual standard.  EPA also proposes to establish a roadside monitoring network to track peak levels of NO2 along major highways.  AGC is analyzing what a new NAAQS for NO2 may mean for future construction, including new stricter requirements and/or restrictions on diesel engines and their use.