Only to the extent permissible under any applicable Federal or State law or regulation, all State-funded road construction contracts for areas that are in non-attainment with the federal 8-hour ozone standard or the particulate matter (PM) 2.5 standard for air quality are required to use clean construction practices. These include, where feasible: idling limitations, use of ultra-low sulfur diesel, erosion control, dust control, and on all off-road vehicles the installation of a verified diesel emission control device that achieves a particulate matter emission reduction of 50 percent or more from uncontrolled engine emission levels.