EPA released its new stricter National Ambient Air Quality Standards (NAAQS) for ozone pollution, dropping the permissible levels from 75 parts per billion (ppb) to 70 ppb. The new rule is drawing criticism from industry. As AGC’s comments on the proposed version of the rule point out, the 75 ppb standard was only recently set, back in 2008, and the implementing guidance was not finalized until February 2015. Under the new 70 ppb standard, 241 counties will be in violation, using 2012-2014 monitoring data. However, EPA notes that they will likely use 2014-2016 data when they designate areas of nonattainment.
Construction companies will feel the effects of tighter ozone limits, mainly via restrictions on equipment emissions in areas with poor air quality (direct impact), as well as additional controls on industrial facilities and planning requirements for transportation-related sources (indirect impact). Notably, nonattainment counties that are out of compliance with CAA ozone standards could have federal highway funds withheld.
The new rule is also drawing criticism from the environmental community, many of which are disappointed that the level was not set at 65 or 60 ppb. Some have already threatened lawsuits. AGC will be continuing to work with industry coalition partners on this issue, and will be doing a deep analysis of the new rule and its practical impacts for the construction industry over the coming weeks – look for this analysis in the AGC Environmental Observer.
For more information, please contact Leah Pilconis at pilconisl@agc.org or Melinda Tomaino at tomainom@agc.org.