Two New Air Pollution Rules Pose Threat to Transportation Projects

What happened: The U.S. Environmental Protection Agency (EPA) Jan. 6 proposed tightening federal standards for particulate matter (PM), while the Council on Environmental Quality (CEQ) released interim guidance on how greenhouse gas (GHG) emissions should factor into National Environmental Policy Act (NEPA) project reviews.

Why it matters: The EPA is required to evaluate PM standards every five years. Its proposal recommends lowering the national standard from 12 micrograms per cubic meter to between 9 to 10. Counties not meeting this standard could have their federal highway funds withheld. ARTBA has cautioned EPA against tightening PM standards, noting that five years does not give counties enough time to adopt and benefit from current regulations. ARTBA also noted EPA’s own data shows air quality – including PM – improving since 1990, negating the need for additional regulation.

CEQ’s new interim guidance on GHG could trigger additional requirements under NEPA, adding further delay to the current five-to-seven-year review process on transportation projects and undermining the bipartisan Infrastructure Investment and Jobs Act (IIJA), which sets a two-year goal for NEPA reviews.

What’s next: Both rules have a 60-day comment period, although the CEQ guidance is effective Jan. 9. ARTBA is reviewing both rules and will make both agencies aware of the impacts they will have on transportation construction. Members are urged to contact ARTBA’s Nick Goldstein with questions or comments.