Air Plan Approval; Massachusetts; High Occupancy Vehicle Lanes |
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Alexandra Dunn
Environmental Protection Agency
17 December 2018
[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Proposed Rules]
[Pages 64495-64497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27170]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2018-0790; FRL-9987-51-Region 1]
Air Plan Approval; Massachusetts; High Occupancy Vehicle Lanes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Massachusetts. This revision provides for the
Massachusetts Department of Transportation (MassDOT) to construct and
operate specified transit facilities and high occupancy vehicle (HOV)
lanes established therein. Implementation and continued monitoring of
these projects will help reduce the use of automobiles and improve
traffic operations on the region's roadways, resulting in improved air
quality. This action will have a beneficial effect on air quality
because it is intended to reduce vehicle miles traveled (VMT) and
traffic congestion in the Boston Metropolitan Area. Massachusetts has
adopted these revisions to reduce emissions of volatile organic
compounds (VOC), particulate matter (PM), and nitrogen oxides
(NOX). This action is being taken under the Clean Air Act.
DATES: Written comments must be received on or before January 16, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0790 at https://www.regulations.gov, or via email to
rackauskas.eric@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square, Suite 100, Boston, MA. EPA requests that if
at all possible, you contact the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston,
MA 02109-3912, telephone number (617) 918-1628, fax number (617) 918-
0628, email rackauskas.eric@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Administrative Changes
III. Summary of Changes to the Amended High Occupancy Vehicle Lanes
Regulation
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On July 9, 1996, the Massachusetts Department of Environmental
Protection (MassDEP) submitted a revision to the Massachusetts State
Implementation Plan (SIP) consisting of amendments to 310 CMR 7.37:
High Occupancy Vehicle Lanes. The submitted amended 310 CMR 7.37
contains added definitions, revised due dates for certain requirements,
minor technical amendments, and clarifying language. This regulation is
designed to help
[[Page 64496]]
reduce the use of automobiles in the Metropolitan Boston Area, and to
improve traffic operations on the region's roadways. Reducing the
number of vehicles on the road and easing traffic conditions on major
highways will result in a reduction in VMT, which eases traffic
congestion and will lead to improved air quality by lowering mobile
source emissions.
EPA previously approved 310 CMR 7.37 into the Massachusetts SIP on
October 4, 1994 (59 FR 50495). That SIP revision required Massachusetts
to study the feasibility of constructing HOV lanes on certain roadways
to reduce VMT and traffic congestion. The 1994 SIP revision also
required the construction of HOV lanes for certain roadways, i.e. on
Interstate-93 (I-93) southbound, north of Boston, and south of Boston
on I-93 (both northbound and southbound) between Interstate-90 (I-90)
and Route 3.
The SIP-approved 310 CMR 7.37 roadway trip time threshold standards
were established to reflect a significant increase in traffic volume
above baseline roadway conditions which, if exceeded, would trigger
construction of additional HOV lanes. The threshold standards were
calculated to represent an average weekday peak trip time increase of
35% from baseline roadway conditions. The SIP-approved regulation also
established monitoring and reporting standards to ensure and enforce
the successful implementation and desired outcome of HOV lanes, and to
determine the feasibility and necessity of constructing additional HOV
lanes. The updated regulation being proposed for SIP approval in this
rulemaking addresses and incorporates into the regulation a number of
comments and suggestions made by the public, including EPA, during the
Commonwealth's public comment period on the regulation.
II. Administrative Changes
It is EPA's understanding that in June 2009, Governor Deval Patrick
signed Chapter 25 of the Acts of 2009, ``An Act Modernizing the
Transportation Systems of the Commonwealth of Massachusetts.'' This
transportation reform legislation integrated transportation agencies
and authorities into a new, streamlined MassDOT, which is a merger of
the Executive Office of Transportation and Construction (EOTC), and its
divisions, with the Massachusetts Turnpike Authority (MTA), the
Massachusetts Highway Division (MHD), the Registry of Motor Vehicles
(RMV), the Massachusetts Aeronautics Commission (MAC), and the Tobin
Bridge. On December 8, 2015, EPA approved into the Massachusetts SIP a
transportation-related regulation that reflected this reorganization.
See 80 FR 76225. These changes did not interfere with attainment,
reasonable further progress, or any other applicable Clean Air Act
(CAA) requirement, satisfying CAA section 110(l) and, for the
regulation in question, made the Massachusetts SIP consistent with the
Commonwealth's administrative agency organizational structure.
This proposed rulemaking publication will use ``MassDOT'' in lieu
of all references to the former agencies (MTA, MHD, and EOTC)
referenced within the submitted 310 CMR 7.37. Though MassDOT did not
exist at the time the regulation was written, it is EPA's understanding
that MassDOT has replaced or absorbed all referenced transit agencies
found within the regulation we are proposing to approve today.
III. Summary of Changes to the Amended High Occupancy Vehicle Lanes
Regulation
The Commonwealth's July 9, 1996 submittal of 310 CMR 7.37 contains
several minor changes compared to the SIP-approved version. These
changes contain new and revised definitions of certain terms for the
existing HOV regulation. The updated regulation also contains revised
due dates for certain actions and reporting requirements, and new
language clarifying certain sections of the regulation. The main
updates are summarized as follows:
Definitions: Notably, the updated definitions establish the
Baseline Roadway Conditions to be the average weekday peak hour trip
time in minutes for each roadway segment based on monitoring of traffic
and recording of trip times during the 12 months period from April 1,
1992 to April 1, 1993. This section also establishes the Roadway
Threshold Standards to be the Baseline Roadway Conditions increased by
35%.
Attainment of Performance Standards: MassDOT is required to monitor
the referenced roadways and HOV performance, as measured by trip times,
during peak periods of travel, to ensure HOV performance standards are
being met. Trip times are required to be measured at least monthly and
during at least five sample days each month. MassDOT is required to use
all appropriate and feasible measures to maintain compliance with the
HOV lane performance standards. MassDOT is also required to submit
performance standard reports for each HOV facility or HOV lane being
monitored. The updated regulation also removed the language ``not
increase congestion in general purpose traffic flow lanes,'' found in
the original SIP-approved regulation. EPA and MassDEP believed this
language could have been interpreted to mean that HOV lanes could be
moving as slowly or slower than general traffic, without giving MassDOT
the ability to take corrective action.
Substitute HOV Projects: This section has been updated to include
stronger language than in the previous version of the regulation for
deeming a substitute project appropriate. If studies demonstrate that
an HOV lane is infeasible, MassDOT must substitute an alternative
project by petitioning MassDEP. All such petitions shall include a
demonstration that the substitute project achieves equal or greater
emission reductions of VOC, CO, and NOX from mobile sources
than the installation of an HOV lane. The petition must also show that
the substitute project provides for greater improvement in air quality
for these pollutants in the area where the required HOV lane is
targeted, both in the short and long term.
EPA's review of this regulation indicates that the implementation
and operation of HOV lanes will result in improved air quality by both
reducing vehicle trips and easing traffic congestion. A reduction in
VMT results in a reduction in total vehicle emissions.
IV. Proposed Action
EPA is proposing to approve, and incorporate into the Massachusetts
SIP, revised regulation 310 CMR 7.37, High Occupancy Vehicle Lanes.
This regulation was submitted to EPA on July 9, 1996. This updated
regulation includes technical amendments, changes in due dates for
certain actions, and clarifying language in relation to the previous
SIP-approved version of 310 CMR 7.37. EPA is proposing to approve 310
CMR 7.37 into the Massachusetts SIP because EPA has found that the
requirements are consistent with the CAA, including CAA section 110(l)
in that the regulation will not interfere with attainment, reasonable
further progress, or any other applicable CAA requirement. EPA is
soliciting public comments on the issues discussed in this document or
on other relevant matters. These comments will be considered before
taking final action. Interested parties may participate in the Federal
rulemaking procedure by submitting written comments to this proposed
rulemaking by following the instructions listed in the ADDRESSES
section of this Federal Register.
[[Page 64497]]
V. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference of 310 CMR 7.37, High Occupancy Vehicle Lanes. The EPA has
made, and will continue to make, these documents generally available
through https://www.regulations.gov and at the EPA Region 1 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 10, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-27170 Filed 12-14-18; 8:45 am]
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