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Comments and Responses Chapter 28: Comments and Responses 28.1 INTRODUCTION This chapter of the Environmental Impact Statement (EIS) summarizes and responds to comments on the Draft EIS (DEIS) and Draft Section 4(f) Evaluation for the Hudson Tunnel Project. The Federal Railroad Administration (FRA), as lead Federal agency, and the New Jersey Transit Corporation (NJ TRANSIT), as joint lead agency, released the DEIS on July 6, 2017. FRA coordinated with the U.S. Environmental Protection Agency (EPA) to publish a Notice of Availability of the DEIS in the Federal Register on July 7, 2017, which officially opened the public comment period on the document and announced that the agencies would accept comments through August 21, 2017, although FRA and NJ TRANSIT continued to consider comments received after that time. During the public comment period, FRA and NJ TRANSIT held three public hearings to accept oral comments and written comments, and also accepted written comments submitted via mail, email, and through the Project website. This chapter summarizes and responds to all substantive comments received on the DEIS, including those that FRA and NJ TRANSIT received after the close of the comment period. This chapter is new for the Final EIS (FEIS). Please note that all abbreviations used in this chapter are defined in the chapter and also in the Glossary of this FEIS. 28.1.1 CONTENTS OF THIS CHAPTER This chapter provides a summary of relevant comments received on the Hudson Tunnel Project and the DEIS during the public review period. It includes the following: • Section 28.2 describes how FRA and NJ TRANSIT conducted the public review process, including how copies of the DEIS were made available and how comments were accepted. • Section 28.3 provides a list of commenters on the DEIS, organized in the following categories: elected officials, public agencies, organizations, and individuals. Following each commenter in the list, a shortened version of the commenter’s name is provided in parentheses, indicating how the commenter may be further noted in this chapter. • Section 28.4 provides a summary of the relevant comments and a response to each, with the abbreviated name of the commenter(s) who made the comment provided in parentheses after each comment. These summaries convey the substance of the comments made, but do not necessarily quote the comments verbatim. Comments are organized by subject matter and generally parallel the chapter structure of the DEIS. Where more than one commenter expressed similar views, those comments have been grouped and addressed together. Appendix 28 provides the full text of all comments received, including transcripts of the public hearings. Final EIS and Final Section 4(f) Evaluation 28-1 May 2021 This chapter includes the following sections: 28.1 Introduction 28.1.1 Contents of this Chapter 28.1.2 Roles and Responsibilities 28.2 Comment Period 28.2.1 DEIS Availability 28.2.2 Public Hearings 28.2.3 Public Comments 28.3 List of Commenters 28.3.1 Elected Officials or their Representatives 28.3.2 Agencies and Governmental Organizations 28.3.3 Organizations and Businesses 28.3.4 Individuals 28.4 Response to Comments 28.4.1 General (Comments 1-11) 28.4.2 Process and Public Outreach (Comments 12-22) 28.4.3 Purpose and Need (Comments 23-25) 28.4.4 Project Cost and Funding (Comments 26-29) 28.4.5 Alternatives to the Proposed Project (Comments 30-53) 28.4.6 Preferred Alternative: Project Definition (Comments 54-68) 28.4.7 Construction Methods (Comments 69-88) 28.4.8 Analysis Framework (Comment 89) 28.4.9 Traffic and Pedestrians (Comments 90-102) 28.4.10 Transportation Services (Comments 103-111) 28.4.11 Land Use, Zoning, and Public Policy (Comments 112-129) 28.4.12 Socioeconomic Conditions (Comments 130-138) 28.4.13 Open Space and Recreational Resources (Comments 139-154) 28.4.14 Historic Resources (Comments 155-167) 28.4.15 Visual and Aesthetic Resources (Comments 168-173) 28.4.16 Natural Resources (Comments 174-183) 28.4.17 Noise (Comments 184-192) 28.4.18 Vibration (Comments 193-195) 28.4.19 Air Quality (Comments 196-204) 28.4.20 Greenhouse Gas Emissions and Resilience (Comments 205-214) 28.4.21 Geology and Soils (Comments 215-221) 28.4.22 Contaminated Materials (Comments 222-224) 28.4.23 Utilities and Energy (Comment 225) 28.4.24 Safety and Security (Comments 226-227) 28.4.25 Indirect and Cumulative Effects (Comments 228-229) 28.4.26 Public Health (Comment 230) 28.4.27 Environmental Justice (Comments 231-233) 28.4.28 Draft Section 4(f) Evaluation (Comments 234-235) 28.1.2 ROLES AND RESPONSIBILITIES 28.1.2.1 RESPONSIBLE PARTIES Many of the responses to comments provided in this chapter describe how the Hudson Tunnel Project may progress toward construction following completion of the National Environmental Policy Act (NEPA) review process. As of the date of this FEIS, no Federal funding has been committed for construction of the Hudson Tunnel Project. The following information describes the roles and responsibilities of parties involved in this FEIS and the NEPA review, and that may be May 2021 28-2 Final EIS and Final Section 4(f) Evaluation Chapter 28: Comments and Responses involved in and responsible for progressing the Project after the NEPA review. See also Section 28.1.2.2 for more detail regarding the change to roles and responsibilities since the publication of the DEIS. • FRA, NJ TRANSIT, and the PANYNJ: FRA is the lead Federal agency for the preparation of the FEIS; NJ TRANSIT and the Port Authority of New York and New Jersey (PANYNJ) are joint lead agencies for the FEIS. • Cooperating Agencies: Pursuant to the Council on Environmental Quality’s NEPA regulations, Cooperating Agencies are Federal agencies, other than a lead agency, that have jurisdiction by law or special expertise with respect to environmental impacts for a proposed project. For the Hudson Tunnel Project, the U.S. Army Corps of Engineers (USACE) and the Federal Transit Administration (FTA) are Cooperating Agencies. - The USACE is a Cooperating Agency because it will have a permitting action as part of Project implementation; and - FTA is a Cooperating Agency given its technical expertise and current and potential future role in supporting the advancement of this Project through NEPA, final design, and construction. • Amtrak (the National Railroad Passenger Corporation): Amtrak is the owner and operator of the Northeast Corridor (NEC) in the Project area, including the existing North River Tunnel and Penn Station New York (PSNY). Amtrak is responsible for developing the preliminary design of the Hudson Tunnel Project. • Project Partners: Consisting of NJ TRANSIT, Amtrak, and the PANYNJ, who are working together to advance the Hudson Tunnel Project. • Gateway Program Development Corporation: A New Jersey non-profit corporation established to coordinate, develop, operate, finance, manage, own, or otherwise engage in activities to effectuate the Gateway Program (described in Chapter 1, “Purpose and Need,” Section 1.2.2), with support from various partner agencies. The Hudson Tunnel Project is an independent element of the larger Gateway Program. • Gateway Development Commission (GDC): A public authority and government-sponsored authority created when the States of New York and New Jersey enacted the Gateway Development Commission Act in each of the two states in July 2019. GDC is governed by a Board of Commissioners comprised of three Commissioners from the State of New York, three Commissioners from the State of New Jersey, and one Commissioner appointed by Amtrak The GDC is empowered to facilitate and coordinate activities to effectuate the Gateway Program (described in Chapter 1, Section 1.2.2; the Hudson Tunnel Project is an independent element of the larger Gateway Program), including applying for and receiving Federal, state, and local funds. The predecessor to the GDC was the Gateway Program Development Corporation. • Lead Federal agency: FRA is the lead Federal agency for NEPA review, including preparation of this EIS. For purposes of Project implementation, the lead Federal agency will be the agency that will provide the majority of Federal funding for Project implementation and be responsible for ensuring compliance with mitigation commitments identified in its Record of Decision (ROD). If FRA provides the majority of Federal funding for implementation of the Project, it will be the lead Federal agency responsible for ensuring that environmental and other Project commitments identified in its ROD are met. If FTA is the agency providing the majority of Federal funding for implementation of the Project, it will be the lead Federal agency ensuring environmental and other Project commitments identified in its ROD are met. • Project Sponsor: The entity that receives Federal financial assistance that will be responsible for advancing the Project through final design and construction and for meeting the Final EIS and Final Section 4(f) Evaluation 28-3 May 2021 commitments identified in the lead Federal agency’s ROD. The PANYNJ is currently the Project Sponsor, and will be responsible for committing to mitigation measures through construction. The PANYNJ will remain the Project Sponsor until such time as the GDC assumes the role of Project Sponsor. The PANYNJ and the GDC anticipate that change will occur prior to the award of Federal financial assistance for the Project.1 • Project contractor: The party or parties that will build the Project under the direction of the Project Sponsor. The Project contractor will be selected by the Project Sponsor through a procurement process. • Permittees for Department of Army Permit: Amtrak and NJ TRANSIT are the joint applicants for a Department of Army permit from the USACE. The USACE will be responsible for ensuring that the Permittee or Joint Permittees listed on any Department of Army permit relevant to the Project implement the measures necessary for compliance with the terms and conditions of the permit.
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