RE: NRDC comment on TCMs in PM2.5 plan

Rongsheng Luo to: Wienke Tax 08/31/2011 10:48 AM

Cc: Karina OConnor, Jonathan Nadler, Rongsheng Luo

History: This message has been replied to and forwarded.

HiWienke,

Here are the answers to your questions:

• Is the bicycle/pedestrian program being implemented?

Yes.

• Is it a program or a group of projects that is included as a TCM? 

TCMs are individual projects that fall under certain broad TCM categories (see below). A TCM is 

consideredcommitted (i.e., requiring timely implementation reporting) once it has right-of-way or 

construction funding programmed within the first two years ofthe current FTIP.

In addition, NRDC’s statements about the SR-47 diesel truck road expansion project and large number 

of highway expansion projects as TCMs are completely incorrect. The SR-47 project (Project ID LA0D45) 

was inadvertently included as a TCM in the 2007 SIP but has been corrected as not a TCM in 2008 RTIP 

(see the attached file). In the South Coast, there are only three categories of TCMs: HOV measures, 

transit and system management measures (including bike and pedestrian capacity expansion projects), 

and information-based transportation strategies. Therefore, highway expansion projects are not TCMs 

by definition.

If you have any questions, please let me know.

Rongsheng 

Telephone: (213) 236-1994

Fax: (213) 236-1963

Email: luo@scag.ca.gov

From: Tax.Wienke@epamail.epa.gov [mailto:Tax.Wienke@epamail.epa.gov] 

Sent: Monday, August 29, 2011 4:18 PM

To: Jonathan Nadler; Rongsheng Luo

Cc: OConnor.Karina@epamail.epa.gov

Subject: Fw: NRDC comment on TCMs in PM2.5 plan

Hi Rongsheng and Jonathan - 

After talking to Rongsheng, we agreed I should send this to you.

We received the following comments on the TCM portion of the South Coast PM2.5 proposal (the first 

one) - I've excerpted the relevant portion below from the attachment, and bolded the text. Can you 

look over the comments? OTAQ's questions were:

l Is the bicycle/pedestrian program being implemented?

l Is it a program or a group of projects that is included as a TCM? 

If it's easier, let's discuss at your convenience.

thanks

Wienke

***************************************

Wienke Tax

EPA Region 9 Air Planning Office

San Francisco, CA ph: 415.947.4192

**********************************

V. The Plan’s RACM and RACT Determination is Insufficient. 

EPA’s RACM and RACT determination is deficient in the manner outlined below. 

A. The Plan’s Transportation Control Measures Do not Meet RACM.

The transportation control measures (“TCMs”) included in the South Coast SIP fail to

meet reasonably available control measures (“RACM”) standards, as defined in the Clean Air

Act (“CAA”). CAA 172(c)(1) requires SIPs to provide for “the implementation of all reasonably 

available control measures (RACM) as expeditiously as practicable.” (Emphasis added). In 

terms of the SIP’s TCMs, the EPA’s Transportation Conformity Rule requires that TCMs either 

be listed in Section 108 of the CAA, or reduce transportation-related emissions by lowering 

vehicle use or improving traffic flow. 42 U.S.C. § 7408(f). 

The South Coast SIP fails to properly justify the inclusion of all TCMs in the RACM 

analysis. The Transportation Conformity Rule requires that TCMs either be listed in CAA 

108(f)(1)(A) or reduce transportation-related emissions by lowering vehicle use or improving 

traffic flow. Further, CAA 172(c)(1) requires that SIPs provide for “the implementation of all 

RACM as expeditiously as practicable,” and the EPA has provided that TCMs considered

RACM must be measures that a) advance the attainment date, and b) are technologically and

economically feasible. Appendix IV-C, 55; See Sierra Club v. U.S. EPA, 314 F.3d 735, 743 (5th 

Cir. 2002). In the illustrative list of TCMs in CAA 108(f), the EPA has acknowledged that 

improvements to bicycle paths and pedestrian walkways are RACM. 42 U.S.C. § 7408(f). 

However, the South Coast SIP has adopted general and vague measures in these areas; for 

example, the RACM analysis includes a Bicycle/Pedestrian Program that “funds high priority 

projects in countrywide plans consistent with funding availability.” Appendix IV-C, C-16. The 

actual TCMs to implement these types of bicycling improvements in the geographically vast 

South Coast Air Basin are minimal. See generally 2007 Final AQMP, at Appendix IV-C,

Attachment A. There are very few bicycling projects listed as TCMs in the region. A prime

example of this failure of TCMs to meet RACM is the failure of the analysis to examine the

grossly delayed implementation of the 1996 Los Angeles Bicycle Plan. Little more than 11% of

the plan’s proposed bike lanes have been implemented in the 15 years since its development.

This failure to explore better implementation of strategies specifically identified in the Clean Air

2007 South Coast SIP Comments 
January 21, 2011 

Page 8 

Act reflects the South Coast SIP’s failure to include critical TCMs as RACM. In ignoring

important and obvious TCMs, the South Coast SIP fails to give due analysis as to why the

enhancement of current TCMs do not qualify as RACM.

This stands in stark contrast to the large number of highway expansion projects included

as TCMs in the South Coast SIP. Specifically, it appears our planning agencies have used the

TCM process to load the SIP with proposed highway expansion projects that will purportedly

achieve emissions reductions and push us towards attainment. The absurdity of this approach is

exemplified by the listing of the SR-47 diesel truck road expansion project as a TCM. 2007

Final AQMP, at Appendix IV-C, at A-12.

This project should not be included as a TCM for several reasons. Most notably, the

project by consolidating truck traffic in the area of the project may actually result in NAAQS

violations near the project. [See plaintiffs opening brief in case challenging the SR-47—attached

as Exhibit J]. Also, the agencies have not shown or committed that the project will actually

reduce emissions, the intended purpose of a TCM. This is just one example of the flawed TCMs

included in the South Coast SIP.

In the most congested area of the nation, it is disappointing that such a failure in the area

of TCMs would be allowed to continue.