TSTC Members Meet With EPA Over TIP/SIP Conformity

On Tuesday, Nov. 8, Tri-State Transportation Campaign, Scenic Hudson, Rutgers Environmental Law Clinic and Brian Ketcham Engineering representatives met with US EPA's Region II Air Branch staff, including Conrad Simon, John Walsh, Rudy Kapichak and Jeff Butensky. The

principal subject of discussion was how EPA interpreted and executed its responsibilities in reviewing Transportation Improvement Program (TIP) and Long Range Transportation Plan (LRP) conformity with state air quality implementation plans (SIP). On TIP conformity determinations, Walsh

said MPOs and DOTs are not required to assume that changes in highway supply result in changes in travel demand. Moreover, EPA cannot say present analyses presented by NYMTC and other MPOs are flawed under existing law and regulations, although Simon agreed the models should be

investigated, and offered to create a working group involving Campaign members and State DOTs and DEPs, to try to improve the process and resulting analyses (copious notes were taken by Janine Bauer at the meeting, and are available).

As a result, the Campaign's TIP-SIP conformity determination strategy (discussed somewhat at the Campaign's October board meeting) appears to be to: 1) have our technical experts continue to advocate for improved, sensitive models; 2) to take up Simon's offer to work with the agencies; 3) to

ask FHWA to remand the bad determinations to the submitting agencies until flaws (legal or not) are corrected; and 4) to arrange a meeting with Jeanne Fox, EPA's Region II Administrator, to pressure her and Carol Browner to be tougher on FHWA and the MPOs/DOTs.

Note: EPA said that the states are putting great pressure on EPA to approve the conformity determinations by November 15 despite the absence of SIPs and Inspection and Maintenance programs. Campaign staff are meeting with NYMTC director Ray Ruggieri November 15, at 9:20 in the

Campaign office to discuss conformity, CMAQ, data access and major investment studies.