ASSEMBLY RESOLUTION No. 18
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen GIBSON and ASSELTA
An Assembly Resolution memorializing the United States Environmental Protection Agency to reclassify Salem and Cumberland counties or otherwise exempt them from the requirements of the State Employer Trip Reduction Program.
Whereas, Salem and Cumberland counties are rural counties in which the air quality is not at the level of severity established to classify nonattainment areas for ozone and, as rural counties, do not contribute to the area's ozone plume high levels of air pollutants from highly trafficked roads or traffic congestion; and
Whereas, Salem and Cumberland Counties are now required to comply with the requirements of severe nonattainment areas, including compliance with the requirements of the State Employer Trip Reduction Program, which is a program particularly difficult to implement in rural areas without extreme economic hardship; and
Whereas, These counties are required to comply with the requirement of severe nonattainment areas because of their inclusion, as of the effective date of the federal Clean Air Act Amendments of 1990, in the Philadelphia-Wilmington-Trenton Consolidated Statistical Management Area (CSMA), notwithstanding that the data used to classify that CSMA as a severe nonattainment area has been repeatedly challenged in Pennsylvania and by the Legislature in this State as faulty, and that other data has been advanced that suggests the area should be classified as a serious nonattainment area; and
Whereas, The United States Environmental Protection Agency has stated that the State had an opportunity to request adjustment of boundaries and reclassification of nonattainment areas in the State, which lapsed on January 15, 1991; and
Whereas, That deadline came at a time when the State and the counties within the State had barely been informed of their role in implementing the requirements of the federal Clean Air Act Amendments of 1990 and were still analyzing the amendments to determine the requirements under the act, the programs required and the impact on the State and the counties within the State; and
Whereas, The United States Environmental Protection Agency has been given considerable discretionary powers under the federal Clean Air Act Amendments of 1990 (U.S.C. §7403 et seq.); and
Whereas, The United States Environmental Protection Agency, as the implementing agency for the federal Clean Air Act Amendments of 1990, has been authorized, when classifying an area, to "consider such factors as the severity of nonattainment in such area and the availability and feasibility of the pollution control measures that the Administrator believes may be necessary;" and
Whereas, In the case of Salem and Cumberland counties, the United States Environmental Protection Agency has not given due consideration to the infeasibility of these counties implementing the State Employer Trip Reduction Program;
Whereas, Current best estimates for reduction of ozone precursor emissions from the State Employer Trip Reduction Program have been set at only 3%, and therefore the program is not expected to have much impact towards attaining air quality goals set by the federal Clean Air Act Amendments of 1990; and
Whereas, It is altogether fitting and proper that the General Assembly of the State of New Jersey should request the United States Environmental Protection Agency to give additional consideration to the factors cited hereinabove, and to use whatever discretionary powers at its disposal to more fairly and completely address the unreasonable requirements being placed on Salem and Cumberland counties, now, therefore,
Be It Resolved, by the General Assembly of the State of New Jersey:
1. The United States Environmental Protection Agency is memorialized to reclassify Salem and Cumberland counties or otherwise exempt them from the requirements of the State Employer Trip Reduction Program.
2. A duly authenticated copy of this resolution, signed by the Speaker of the General Assembly and attested by the Clerk thereof, shall be transmitted to the President of the United States, the Administrator of the United States Environmental Protection Agency, the Commissioner of the Department of Environmental Protection and the Commissioner of the Department of Transportation.
STATEMENT
This resolution memorializes the United States Environmental Protection Agency to reclassify Salem and Cumberland counties or otherwise exempt them from the requirements of the State Employer Trip Reduction Program.
Memorializes the U.S. EPA to reclassify Salem and Cumberland counties or otherwise exempt them from the requirements of the State Employer Trip Reduction Program.