[Federal Register: July 31, 2008 (Volume 73, Number 148)]
[Rules and Regulations]
[Page 44654-44663]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy08-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2006-1018; A-1-FRL-8691-5]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Amendment to Massachusetts' State Implementation Plan
for Transit System Improvements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Massachusetts. This revision
changes completion dates of delayed transit projects, provides interim
deadlines for projects, maintains requirements for interim emission
reduction offsets in the event a project becomes delayed, modifies the
project substitution process, revises the list of required transit
projects, and expands public participation in and oversight of the
projects. The intended effect of this action is to substitute specific
transit projects and 1,000 park and ride spaces to replace certain
transit projects currently approved into the SIP, and approve
modifications to the delay and substitution procedures for transit
projects. This action is being taken under the Clean Air Act.
DATES: Effective Date: This rule is effective on July 31, 2008.
ADDRESSES: EPA has established a docket for this action under Docket
Identification Number EPA-R01-OAR-2006-1018. All documents in the
docket are listed on the http://www.regulations.gov Web site. Although
listed in the index, some information is not publicly available, i.e.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, Suite 1100, 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.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
the Bureau of Waste Prevention, Department of Environmental Protection,
One Winter Street, 8th Floor, Boston, MA 02108.
FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023,
telephone number (617) 918-1668, fax number (617) 918-0668, e-mail
cooke.donald@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ''we,''
''us,'' or ''our'' is used, we mean EPA.
Organization of this document: We are providing the following
outline to aid in locating information in this preamble.
I. Background and Purpose
II. Response to Comments
III. Compliance With Clean Air Act TCM Substitution Requirements
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background and Purpose
On November 5, 2007 (72 FR 62422-62427), EPA published a Notice of
Proposed Rulemaking (NPR) for the Commonwealth of Massachusetts. The
NPR proposed approval of Massachusetts' amendments to its Transit
System Improvements Regulation, 310 CMR 7.36, and Definition
Regulation, 310 CMR 7.00 (which were filed with the Massachusetts
Secretary of State on November 16, 2006 and were effective on December
1, 2006), as a revision to the Massachusetts SIP. EPA proposed to find
that the transit measures in the revised transit system improvements
regulation remain directionally sound and that all proposed
substitution projects identified in the Regulation will collectively
contribute to achieving the national ambient air quality standard for
ozone and maintaining the carbon monoxide standard, thereby satisfying
requirements set forth in section 110(l) of the Clean Air Act (CAA or
Act).
On December 13, 2006, the Massachusetts Department of Environmental
Protection (MA DEP) submitted its formal SIP revision amending its
Transit System Improvements Regulation. The revision consists of MA
DEP's final amendments to 310 CMR 7.36, ``Transit System
Improvements,'' effective December 1, 2006. MA DEP held a hearing on
the amendments to the Regulation on
[[Page 44655]]
December 21, 2005. On June 1, 2007, MA DEP supplemented its SIP
revision with a letter determining that the Massachusetts Executive
Office of Transportation (EOT) had met the requirements of 310 CMR 7.36
(8), Demonstration of Air Quality Emissions Reductions, along with
EOT's air quality modeling analysis (``Description of Modeling
Assumptions and Analysis Methodology for the State Implementation Plan
Transit Commitment Projects Current and Proposed Substitutions,'' dated
March 15, 2007). EOT held a public comment period on this supplemental
material for a 45-day period commencing on January 2, 2007. The
document was amended based on comments received and an additional two-
week public comment period began on March 21, 2007, following posting
in the ``Environmental Monitor.'' DEP submitted EOT's responses to
public comments received as part of the supplemental materials.
On August 22, 2007, we issued our determination that the
Massachusetts SIP package is administratively and technically complete.
In our completeness determination, we also highlighted EPA's interest
in seeing that the transit projects are implemented in a timely manner
and requested that MA DEP keep us apprised of the status of the
replacement projects as they move forward. In addition, we specifically
mentioned hearing recent reports of potential delays in the Green Line
extension project and encouraged EOT to address this issue on the
record at its upcoming September 6, 2007 public status report meeting.
On September 6, 2007, the MA DEP held a public meeting to address
EOT's annual status report on transit commitments. EOT presented the
status of the uncompleted transit projects and took public comment.
David Mohler, Acting Deputy Secretary for Planning, EOT, explained the
Commonwealth's efforts in seeking Federal funds for the Green Line,
which could delay the completion of the Green Line for up to two years.
Mohler emphasized EOT's plan to make up any time delay, and if a delay
occurred, to propose mitigation projects and adequate emission offsets
as required by the regulation. EOT also made available at the public
meeting a September 4, 2007 letter from David Mohler to MA DEP's Acting
Commissioner, Arlene O'Donnell, committing to accelerate the planning,
design and environmental review and permitting of the project in order
to meet the 2014 completion date.
On January 4, 2008, EOT submitted copies of its ``State
Implementation Plan--Transit Commitments, 2007 Annual Status Report,
Agency Responses to Public Comments'' to MA DEP and EPA. EOT's
submittal provided a summary of and responses to public comments, a
written certification that the public process requirements were met,
and a written certification that complete information was provided on
any actual or known project delays, project substitutions, and interim
offsets. MA DEP determined that EOT met the public process and other
requirements of 310 CMR 7.36(7)(d) by letter on March 4, 2008.
The Arborway Restoration, the Blue Line/Red Line connection, and
the Green Line extension to Ball Square/Tufts University which were
approved into the Massachusetts SIP on October 4, 1994 (59 FR 50495-
50498), will be substituted with the Fairmount Line commuter rail
improvements, 1,000 new park and ride parking spaces (serving MBTA
transit and commuter rail in the Metropolitan Boston Area), and the
Green Line transit line extension to Medford Hillside with a spur to
Union Square. Air quality modeling demonstrates that the substitution
projects will achieve a minimum of 110% of the emissions reductions
that would have been achieved if the original projects had been built.
In addition to the substitution of transit projects, EPA is today
approving the other specific requirements of Massachusetts' amendments
to the Transit System Improvements Regulation. The rationale for EPA's
proposed action to approve those amendments is explained in the NPR and
will not be restated here.
II. Response to Comments
EPA received twenty-three public comments on our proposal to amend
Massachusetts' Transit System Improvements Regulation (Transit
Regulation). Copies of the public comments have been placed in the
public docket without change and are available online at
www.regulations.gov, docket number EPA-R01-OAR-2006-1018, document
number EPA-R01-OAR-2006-1018-0022 through EPA-R01-OAR-2006-1018-0044.
EPA's full Technical Support Document--Response to Comments is also
available in the public docket, as well as at the Regional Office.
Comment: A number of commenters supported the transit system
improvement projects. Six commenters supported all of the transit
system improvement projects, three commenters expressed strong support
for the Fairmount Line; two commenters supported the Green Line
Extension; and one commenter supported the Design of Red Line/Blue Line
Connector.
EPA Response: EPA acknowledges the commenters' support for the
transit system improvement projects.
Comment: Three commenters wanted the transit system improvement
projects originally approved into the SIP in 1994 to be implemented
without any substitutions or changes.
EPA Response: As a threshold matter, EPA notes that nothing in our
approval of these revisions to the Transit Regulation into the SIP in
any way prevents the Commonwealth from completing the projects
originally included in the regulation as EPA approved it in 1994.
Although the projects are being dropped from the SIP-approved Transit
Regulation, if any of the projects have merit, the Commonwealth's
transportation planning process may include them in the statewide
transportation improvement program. The only question before EPA is
whether Massachusetts has the option of revising the set of projects to
which it will attach the specific requirements under the CAA that come
when transit measures are specifically required in a SIP.
EPA does not underestimate the importance of a state's decision to
drop transit projects from a SIP. EPA's approval of this SIP revision
will have the effect of eliminating the requirement under the CAA to
complete the projects dropped from the regulation. That requirement
allowed direct enforcement of the project deadlines pursuant to state
law and sections 113 or 304 of the Act. The SIP mandate for these
projects also required the Commonwealth to demonstrate in the
conformity process under section 176(c) of the Act that Massachusetts'
transportation plan and transportation improvement program supported
and would not interfere with completion of those projects. EPA agrees
that these compliance mechanisms provide an incentive to complete SIP-
approved transit projects.
But precisely because the decision to incorporate transit projects
into a SIP is a significant commitment, subject to compliance
mechanisms under the Act, a state should only include in its SIP those
transit projects to which it is clearly committed. And the state is in
the best position to determine the mix of transit measures that best
meets the state's transit and air quality goals and that merits this
high level of commitment. Accordingly, the Act assigns to EPA a limited
role in reviewing a state's choice of transit measures. Essentially,
EPA is required to approve a SIP revision if it meets the basic
requirements of the Act, most
[[Page 44656]]
importantly in this case that the substitute transit projects will
achieve equivalent or greater emissions reductions than the projects to
be replaced. See CAA section 176(c)(8)(A)(i).
Below in Table 1 is a summary of EOT's March 2007 Modeling Analysis
for daily air quality emission benefits from the original 1994 SIP-
approved transit system improvement projects, as well as the new
transit system improvement projects. EPA has reviewed the modeling
analysis report and concurs in the air quality benefits attributed to
the transit system improvement projects. EPA addresses EOT's modeling
analysis and air quality benefits in several of EPA's responses to
comments below.
Table 1--EOT Air Quality Analysis Comparison of Project Packages Benefits in the Year 2025
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Daily emission benefits in kilograms (kg.)
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Volatile
Carbon monoxide Nitrogen oxides organic
(CO) (NOX) compounds
(VOC)
----------------------------------------------------------------------------------------------------------------
SIP Approved Projects (Package):
Arborway Restoration, Green Line Extension to Ball Square/ 292 8 11
Tufts University, and Blue Line/Red Line Connection
(Bowdoin Station to Charles Station)....................
SIP Approved Projects (Package) Plus Ten Percent............. 321.2 8.8 12.1
Replacement/Substitution Projects (Package):
Green Line to Union Square and Medford Hillside, Fairmont 435 11 17
Line Improvements, and Additional Parking...............
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The action before EPA is to approve or reject the Commonwealth's
transit project substitution as part of the Commonwealth's revision to
its Transit System Improvements regulations 310 CMR 7.36. Approval of
the changes to the Transit System Improvements regulation including the
substitute transit projects into the SIP extends federal-enforcement to
the design, construction and in most cases operation of the transit
projects. The fact that a project is not specifically approved into a
SIP does not affect the Commonwealth's ability to include a transit
project in its transportation plan process, seek future federal-funding
or undertake a specific transit as a state initiative funded by State,
City, public or private funding.
Indeed, outside the context of the Act's SIP process, there are
several signs of activity in connection with the projects or project
areas that will no longer be subject to a SIP mandate. On November 15,
2007, Ian A. Bowles, Secretary of Massachusetts Executive Office of
Energy and Environmental Affairs, determined that the Red Line/Blue
Line Connector (EEA Number 14101) requires the preparation of a
mandatory Environmental Impact Report (EIR) initiating the
Commonwealth's Massachusetts Environmental Policy Act for the proposed
project. And in the Transit Settlement Agreement that resolved the case
Conservation Law Foundation v. Romney et al., Civil Action No. 05-
10487-NG, is the following statement: ``The parties agree that they
will work in good faith with the City of Boston and other relevant
parties to develop and agree upon recommended public transportation
improvements to the Arborway corridor over the course of the next year.
All Parties agree to commit to and participate in a public process to
identify and recommend any agreed upon improvements for the Arborway
Corridor.'' (The settlement agreement dated November 28, 2006 is
available at http://www.clf.org/uploadedFiles/Transit_settlement_
signed_Jan2007.pdf.) EPA encourages all parties involved to fully
implement this agreement.
Comment: Two commenters requested EPA reject EOT's request to
remove the Arborway project from the SIP.
EPA Response: The Commonwealth has flexibility to revise SIP-
approved transportation control measures (TCMs), provided the revisions
are consistent with attaining and maintaining compliance with the
national ambient air quality standards (NAAQSs). This flexibility to
substitute projects follows the intent of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy For Users
(SAFETEA-LU). Section 6011(d) of SAFETEA-LU amended the Clean Air Act
by adding a new section 176(c)(8) that establishes specific criteria
and procedures for replacing TCMs in an existing approved SIP with new
TCMs and adding TCMs to an approved SIP.
The action before EPA is to approve or reject the Commonwealth's
transit project substitution as part of the Commonwealth's revision to
its Transit System Improvements regulation 310 CMR 7.36. Under the
Clean Air Act, the EPA 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)(3); 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. Here, DEP's
SIP submission meets all the requirements of the Act, specifically the
elements in section 176(c)(8) for substituting TCMs, including a
demonstration that the new TCMs achieve emissions reductions equivalent
to the projects being substituted.
Comment: Three commenters objected to the substitution of the Red
Line/Blue Line Connector with a commitment only to design the connector
but dropping the SIP commitment to construct the project. Four
commenters supported the construction of the Red Line/Blue Line
Connector and outlined benefits of constructing and operating the Red
Line/Blue Line Connector.
EPA Response: EPA is aware of the merits and benefits of the
operation of the Red Line/Blue Line Connector. EPA acknowledges the
commenters' support for construction of the Red Line Blue Line
Connector by 2014. However, the Commonwealth of Massachusetts has taken
advantage of the flexibility provided under the Clean Air Act to revise
SIP-approved TCMs, provided the revisions are consistent with attaining
and maintaining compliance with the NAAQSs. Here, the Commonwealth has
decided to drop the commitment to construct the Connector as part of a
larger package of substitute projects designed to achieve an equivalent
emission reduction. Again, this flexibility to substitute projects
follows the requirements of the new Clean Air Act section 176(c)(8)
that establishes specific criteria and procedures for replacing TCMs in
an existing approved
[[Page 44657]]
SIP with new TCMs and adding TCMs to an approved SIP.
Comment: Eight commenters wanted EPA to enforce the transit system
improvement project deadlines. One commenter supported a two year delay
of the Medford Green Line Extension, asserting that completion of the
transit project by 2014 was optimistic.
EPA Response: EPA concurs in the need for an enforceable deadline
for the transit system improvement projects. EPA's approval of
Massachusetts' Transit System Improvements regulation into the SIP will
make the design, construction and operation deadlines in the
Commonwealth's regulation federally-enforceable. In addition,
transportation air quality conformity determinations required by
section 176(c) of the Clean Air Act will require the Boston
Metropolitan Planning Organization as well as the U.S. Department of
Transportation to make a positive finding that all SIP-approved
transportation control measures are being implemented in a timely
manner and in accordance with established SIP deadlines (40 CFR 93.113)
prior to approving the long range transportation plans and
transportation improvement programs for Eastern Massachusetts.
EPA notes that in at least one respect, the compliance deadlines
provided for in this new version of 310 CMR 7.36 are more firm than the
deadlines in the version EPA approved in 1994. The original ``Project
Delays and Project Deadline Extensions,'' (310 CMR 7.36 (3)) previously
approved into the SIP allowing up to three years delay in project
completion has been removed.
In further support of the 2014 completion date for the Green Line
Extension, the Massachusetts Executive Office of Transportation and
Public Works (EOTPW) has committed to make up delays in the Green Line
Extension Project, associated with seeking federal funding and
addressing federal requirements, to the maximum extent possible.
Comment: Four commenters requested enhancements to the transit
system improvement projects. One Commenter raised concerns with a
transit system improvement project's impact on transportation,
environment, social and economic impacts and lack of community
involvement. Two commenters wanted alternatives to the Green Line
extension to be evaluated, while another commenter wanted more
specificity in the broad terms of the regulation providing for the
Green Line extension terminus station.
EPA Response: EPA acknowledges the commenters' support for the
transit system improvement projects. EPA must accept the transit system
improvement projects as presented, or reject the Transit Project
substitutions, based on the Act's criteria established for approving
SIPs (i.e., substitution projects must provide for equivalent emissions
reductions in the same time frame). EPA has no authority to dictate
specific enhancements to any of the proposed transit project
substitutions. However, EPA believes the submitted projects could be
enhanced during the public participation process associated with the
Commonwealth's state environmental process and design of the transit
measure.
The action before EPA is to approve or reject the Commonwealth's
transit project substitution as part of the Commonwealth's revision to
its Transit System Improvements regulation 310 CMR 7.36. The concerns
raised by the commenters regarding transportation, environmental,
social and economic impacts of the Green Line Extension project should
be addressed and mitigated during the Commonwealth's state
environmental process. See MGL c. 30 Sec. 61-62 and regulations, 301
CMR 11.00. And should the Green Line Expansion Project receive federal
funding, these concerns may also be addressed under any future federal
environmental review and public participation process conducted in
accordance with the National Environmental Policy Act. 42 U.S.C. 4321-
4370f.
Comment: Two commenters wanted Massachusetts EOT to specify the
location of the 1,000 park and ride locations, and identify an
implementation schedule.
EPA Response: The Park and Ride provisions in section 7.36 provide
that before December 31, 2011, construction shall be completed and
1,000 new park and ride parking spaces opened to full public use
serving commuter transit facilities within the 101 cities and towns
constituting the Boston Metropolitan Planning Organization. These park
and ride facilities are subject to ``Project Interim Deadlines,''
established under 310 CMR 7.36(3), which identifies timeframes for
hiring a design consultant, completing a conceptual design, filing an
Environmental Notification Form (ENF) with MEPA, completing the
Environmental Impact Report, completing final design, applying for
necessary permits and funding, and proceeding to construction.
Therefore, there is still considerable work to be done before the
specific location of these lots can be determined.
EPA agrees with the commenters that it is impossible to fully
assess the emissions reductions that these 1,000 spaces will accomplish
without knowing where they will be located. And EPA recognizes that the
individual transit substitution projects will undergo project
refinement as these projects proceed through environmental evaluation,
public participation and project design. Nevertheless, EPA has
concluded that the uncertainty about the location of these parking
spaces does not prevent EPA from approving the entire package of
transit project substitutions. First, the package of new transit
projects demonstrates equivalent emissions reductions to the
substituted projects even if one were to eliminate entirely any credit
for the lots. Therefore, EPA does not believe that EOT's inability to
specify the location of these lots provides EPA a basis to disapprove
this SIP revision. Second, EPA has reviewed the assumptions EOT made
about the park and ride lots in modeling their emissions impact. EPA
agrees that EOT made reasonably conservative assumptions in assigning
any emissions reductions value to the lots.
Comment: Four commenters repeated modeling questions and concerns
previously addressed through the Commonwealth's public participation
process.
EPA Response: These questions and concerns were raised during the
Commonwealth's approval of the revised Transit System Improvements
regulations. Based on EPA's review of the Commonwealth's Response to
Comments as well as EOT's Response to Public Comments identified during
the public participation process on the Transit Commitments 2007 Annual
Status Report, EPA believes the commenters' concerns have been
adequately addressed.
The March 15, 2007, ``Description of Modeling Assumptions and
Analysis Methodology for the State Implementation Plan Transit
Commitment Projects Current and Proposed Substitutions,'' prepared by
the Central Transportation Planning Staff is consistent with
methodology and assumptions used in developing the SIP and developing
the long range transportation plans and transportation improvement
program. It is also consistent with the methodology and assumptions
used in the transportation conformity process to determine that
transportation planning is consistent with the air quality plan for the
SIP. EPA recognizes that the transit substitution projects will
continuously undergo refinement as they proceed
[[Page 44658]]
through the environmental development phase and project design phase;
however, EPA has determined the current project delineation to be
sufficient in defining the project and for air quality evaluation.
Comment: One of the commenters submitted a number of modeling
issues regarding the Green Line Arborway Restoration Project that were
previously submitted during the Commonwealth's public participation
process.
EPA Response: These Arborway modeling concerns were addressed in a
June 27, 2005 Central Transportation Planning Staff memorandum from
Karl Quackenbush and Scott Peterson to Dennis DiZoglio and Joe Cosgrove
of the Massachusetts Bay Transit Authority, as well as addressed in
EOT's ``Summary of Comments Received on Modeling Analysis for Proposed
Substitute State Implementation Plan Transit Projects and Agency
Responses'' dated May 3, 2007.
EPA concurs with the Commonwealth's modeling to evaluate air
quality impacts associated with the original 1994 SIP-approved transit
improvement projects and the proposed transit system improvement
substitution projects. EPA did not assign or grant specific emission
reduction credit to the 1994 SIP-approved projects, so to model the
original projects and new substitution projects on an equal basis is
the only fair way to evaluate potential air quality emission benefits
from the transit improvement projects.
After review of the transportation and air quality modeling
submitted as part of the SIP revision package, EPA has determined that
the modeling is consistent with methodology and assumptions used in
developing the SIP, consistent with developing the long range
transportation plans and transportation improvement programs, as well
as consistent with the methodology and assumptions used in the
transportation conformity process to determine that transportation
planning is consistent with the air quality planning for the SIP. See
March 2007 re-evaluation submitted to EPA June 1, 2007, conducted to
satisfy subsection (8) ``Determination of Air Quality Emission
Reductions'' of the Transit System Improvements regulation, 310 CMR
7.36; CTPS's March 15, 2007 ``Description of Modeling Assumptions and
Analysis Methodology for the State Implementation Plan Transit
Commitment Projects Current and Proposed Substitutions''; CTPS's June
16, 2005 Memorandum on ``SIP Transit Modeling Assumptions''; and CTPS
Memorandum dated June 27, 2005 on ``Responses to Arborway Comments.''
EPA has evaluated the submitted SIP revision package, including
Central Transportation Planning Staff's March 15, 2007 ``Description of
Modeling Assumptions and Analysis Methodology for the State
Implementation Plan Transit Commitment Projects Current and Proposed
Substitutions.'' EPA independently concurs with the Massachusetts
Department of Environmental Protection's June 1, 2007, determination
that the emission reductions associated with the transit improvement
projects in the revised State Regulation 310 CMR 7.36 ``Transit System
Improvements'' will achieve in excess of the requirement in the state
regulations that the substitute projects must achieve an emissions
reduction of at least 110 percent of the reductions that would be
expected from eliminated projects. As presented in Table 1, above, the
reductions expected from the new projects when compared to the original
SIP-approved projects as a percentage are for volatile organic
compounds 154%, nitrogen oxides 137.5%, and carbon monoxide 149%.
Comment: Five commenters expressed their belief that there were no
real substitutions for the Green Line Extension project. The commenters
did not want further substitutions, and wanted air quality benefits to
remain in the proposed Green Line Extension project area which they
assert is an environmental justice area.
EPA Response: The Transit System Improvements Regulation provides
for substitution of this project at 310 CMR 7.36(5) should the
Commonwealth wish to take advantage of this flexibility in its
regulation in the future. This substitution procedure for the Green
Line Extension requires Massachusetts EOT to:
1. Identify the reasons for seeking a project substitution;
2. Conduct a public participation process for the substitution
process;
3. Achieve interim emission reduction offsets of non-methane
hydrocarbons, carbon monoxide, and nitrogen oxides;
4. Comply with original project interim deadlines;
5. Prioritize funding in the long range transportation plan and
transportation improvement program of the Boston Metropolitan Planning
Organization (MPO);
6. Require substitute project(s) that enhance or improve existing
public transit service, or provide new transit service within the
municipalities of Boston, Cambridge, Somerville, and Medford;
7. Demonstrate that the proposed substitute project will achieve
110% of the emission reductions of that would have been achieved had
all components of the original project been completed; and to require
that the Massachusetts Department of Environmental Protection determine
in writing whether the substitution requirements of 310 CMR 7.36(5)
have been met and whether the administrative record reasonably supports
EOT's substitution determination.
Finally, any future substitution would have to meet the requirements of
CAA section 176(c)(8), which governs substitution of transportation
control measures in a SIP. In addition to concurrence from the state
air pollution control agency as provided by the substitution provision
of the state regulation, CAA section 176(c)(8) also requires formal
concurrence by the metropolitan planning organization and the EPA New
England Regional Administrator to adopt substitute or additional
control measures into the SIP. The requirements in the CAA overlap
substantially with the requirements in the new section 7.36. Indeed,
section 7.36 sets a higher hurdle for emissions reductions than the
Act, requiring not just mere equivalency, but reductions of at least
110% compared with the substituted projects.
With respect to a Green Line Extension substitution transit project
trading off air quality benefits with other neighborhoods, the
regulations define the geographic area of Boston, Cambridge,
Somerville, and Medford for Green Line Extension substitution transit
projects. This delineation is more restrictive than how the CAA
requires EPA to evaluate emissions reductions in an ozone nonattainment
area. As long as the emissions reductions come from within the
applicable nonattainment area, in this case Eastern Massachusetts, they
would qualify under the federal CAA. Here again, the state requirement
in section 7.36 sets a higher bar by restricting the geographic area
for an allowed substitution to only four municipalities within the
Eastern Massachusetts nonattainment area.
Comment: One commenter raised the issue of timely implementation of
TCMs adopted into the SIP.
EPA Response: EPA believes the Transit System Improvements
regulation, with its defined project deadlines, interim project
deadlines, and annual public reporting of update and status of SIP-
approved TCMs, (which is open to public participation and requires a
written determination by Massachusetts Department of Environmental
Protection whether the public process and other requirements of 310 CMR
7.36(7) ``Public Process
[[Page 44659]]
Requirements,'' were met) will assist in completing the SIP-approved
TCMs on time.
Transportation conformity is required under Clean Air Act section
176(c) (42 U.S.C. 7506(c)) to ensure that federally supported highway
and transit project activities are consistent with (``conform to'') the
purpose of the SIP. EPA's transportation conformity rule establishes
the criteria and procedures for determining whether transportation
activities conform to the SIP. One criterion established at 40 CFR
93.113 is that all SIP-approved transportation control measures are
being implemented in a timely manner and in accordance with established
SIP deadlines. EPA believes the conformity process will ensure the
timely implementation of these TCMs.
If a SIP-approved TCM identified in the transportation improvement
program does fall behind schedule, a positive conformity determination
can still be made in accordance with 40 CFR 93.113 if:
(1) * * * The MPO and DOT have determined that past obstacles to
implementation of the TCMs have been identified and have been or are
being overcome, and that all State and local agencies with influence
over approvals or funding for TCMs are giving maximum priority to
approval or funding of TCMs over other projects within their
control, including projects in locations outside the nonattainment
or maintenance area.
(2) If TCMs in the applicable implementation plan have
previously been programmed for Federal funding but the funds have
not been obligated and the TCMs are behind the schedule in the
implementation plan, then the transportation improvement program
(TIP) cannot be found to conform if the funds intended for those
TCMs are reallocated to projects in the TIP other than TCMs, or if
there are no other TCMs in the TIP, if the funds are reallocated to
projects in the TIP other than projects which are eligible for
Federal funding intended for air quality improvement projects, e.g.,
the Congestion Mitigation and Air Quality Improvement Program.
(3) Nothing in the TIP may interfere with the implementation of
any TCM in the applicable implementation plan.
See 40 CFR 93.113(c).
Comment: Two commenters expressed concern that past transportation
air quality conformity evaluations did not adequately address timely
implementation of TCMs.
EPA Response: EPA is finalizing an action to approve a TCM
substitution and revisions to the Massachusetts Transit System
Improvements regulation. EPA is not re-evaluating past transportation
conformity determinations. The timely implementation of the substitute
TCMs will be evaluated in future transportation conformity
determinations to ensure that the requirements of Clean Air Act section
176(c)(2)(B) and 176(c)(3)(A)(ii) and the transportation conformity
rule (49 CFR 93.113) are satisfied.
Comment: A commenter claimed that the air quality benefit
associated with the substituted transit projects ignores the fact that
the 1990 Conservation Law Foundation (CLF) Agreement and EPA
intervention were intended to complement the parking restrictions in
and near downtown Boston.
EPA Response: While the metropolitan Boston parking freezes
complement traffic reduction strategies, the approval of the proposed
transit improvement substitution projects is independent of the parking
freezes, in the sense that nothing in the Act, including section
176(c)(8), requires EPA to link one set of TCMs with another.
Admittedly, if the success of the state's proffered TCM substitutions
relied heavily on the enforcement of TCMs that the state was not
prepared to make part of the SIP, EPA would need to consider whether it
could credit the substitute TCMs with the level of reduction the state
was assuming from their combined effect with the TCMs outside the SIP.
Here, however, the relevant parking freezes are part of the SIP, and
DEP has not abandoned the use of parking freeze requirements as part of
the strategy included in its SIP. Therefore that question is not before
EPA.
EPA has approved Parking Freezes for Cambridge, Downtown Boston,
South Boston, East Boston and Logan Airport. Since the 1994 adoption of
the transit system improvement projects into the SIP, EPA has approved
the South Boston Parking Freeze and amended the East Boston/Logan
Parking Freeze.
On October 15, 1996, EPA approved the South Boston Parking Freeze
SIP Amendment as a revision to the Massachusetts SIP (61 FR 53628).
Massachusetts Air Pollution Control Regulation 310 CMR 7.33 entitled
``City of Boston/South Boston Parking Freeze,'' established and
requires the Boston Air Pollution Control Commission (BAPCC) and the
Massachusetts Port Authority (MassPort) to control the growth of
parking spaces in the South Boston neighborhood of Boston. The effect
of controlling parking growth is anticipated to be a decrease in
vehicle miles traveled (VMT), thereby holding automobile usage to
levels within the practical capacity of the local street network.
On March 12, 2001, EPA approved revisions to the Massachusetts Port
Authority/Logan Airport Parking Freeze, 310 CMR 7.30, and City of
Boston/East Boston Parking Freeze, 310 CMR 7.31, into the Massachusetts
SIP (66 FR 14318). The revisions allow the Commonwealth to
automatically approve the transfer of parking spaces from the East
Boston Parking Freeze to the Logan Parking Freeze provided the total
parking space inventory number for the Logan Parking Freeze remains at
or below 21,790 parking spaces. Future modifications in the parking
freeze inventories for the Logan Airport and East Boston Parking
Freezes will be regulated by the Commonwealth's revisions to
Massachusetts State Regulations 310 CMR 7.30 and 310 CMR 7.31.
Comment: A commenter stated that the SIP substitution proposal
shifts the responsibility to enforce the Environmental Justice
Executive Order from EPA, the Federal agency required to comply with
the Executive Order, to the state. Another commenter identified Jamaica
Plain, served by the Green Line Arborway Restoration Project, as an
environmental justice neighborhood with a high asthma hospitalization
rate among children under age 5 (11.1 per 1,000).
EPA Response: It is not this SIP revision, but rather the structure
of the CAA as Congress designed it, that rests consideration of
environmental justice issues here primarily with the state. 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)(3); 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 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 action 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 ``Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations,'' (59 FR 7629, February 16, 1994).
The Federal executive policy on environmental justice is
established by Executive Order 12898. Its main provision directs
federal agencies, to the greatest extent practicable and
[[Page 44660]]
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Here the Clean Air Act directs EPA to
approve a SIP revision unless it does not meet the Act's requirements.
Although the Act does not provide EPA the authority to modify the
Commonwealth's regulatory decision solely on the basis of environmental
justice considerations, EPA continues to encourage EOT to consider
environmental justice concerns when deciding the location of the
additional Park and Ride spaces and the new stations along the
Fairmount commuter rail line and the Green Line extension project and
when implementing public transportation improvements to the Arborway
corridor promised in the Transit Settlement Agreement that resolved the
case Conservation Law Foundation v. Romney et al., Civil Action No. 05-
10487-NG. EPA believes the transit improvement substitution projects
can be enhanced and additional consideration be given to minority
populations and low-income populations during the public participation
process associated with the environmental evaluation phase and
engineering design phase of the transit measures. EPA also urges EOT
and DEP to consider environmental justice concerns when deciding
whether to meet project deadlines, to approve proposals for project
delays, and to approve offset or substitute projects.
Comment: One commenter identified the Commonwealth's transit
substitutions as contrary to the Commonwealth's financial interests and
claimed that restoring the Arborway Green Line would result in
significant operating cost savings. Another commenter questioned
whether the Commonwealth had accurately compared the relative costs of
constructing and operating the Red-Blue Line connector with the
proposed substitute projects.
EPA Response: The CAA assigns to the state the responsibility for
assessing the cost implications of SIP measures. Indeed, EPA has no
authority to disapprove a SIP revision solely because the Agency might
disagree with the cost-effectiveness of a state's chosen control
strategy. See Union Electric Co. v. EPA, 427 U.S. 246 (1976), rehearing
denied 429 U.S. 873 (1976). Massachusetts EOT's position in responding
to this issue during the state public participation process is that the
restoration of Green Line Arborway service is not a cost-effective way
to achieve the desired transportation and air quality benefits.
Correspondingly, the CAA provides EPA no basis for disapproving this
SIP revision even if EPA did not agree with the Commonwealth's weighing
of the costs of the Red-Blue Line connector with the substitute
projects.
Comment: Two commenters stated that particulate matter impacts are
particularly harmful and expressed concern about the particulate matter
and other emissions from diesel trains used on the Fairmount/Indigo
Line.
EPA Response: The Massachusetts transit system improvement projects
were originally approved into the SIP in 1994 as control strategies for
carbon monoxide and ozone (control of precursors volatile organic
compounds and nitrogen oxides), but no emission credits were assigned
to these projects. EPA has also established National Ambient Air
Quality Standards for Particulate Matter (PM10--Particles
less than 10 micrometers in diameter, and PM2.5--Particles
less than 2.5 micrometers in diameter and referred to as ``fine''
particles). Currently air quality monitoring within the Boston
Metropolitan area indicates attainment of the PM10 annual
standard, as well as the PM2.5 annual and 24-hour standards.
As such, the area is not subject to the CAA conformity requirements for
particulate matter.
EPA supports the Commonwealth's on-going efforts to reduce
particulate matter from mobile sources through the use of lower sulfur
fuel, alternative fuels, and retrofits for diesel equipment and
vehicles including construction equipment and school buses.
Comment: One commenter looking at an earlier version of the air
quality modeling analysis stated that ``Attempts to deduce the benefits
of the incremental extension of the Green Line, by subtracting the
benefits claimed for the new Green Line extension from the benefits
attributable to the Existing SIP Commitments, yield an incredible
result: by increasing the number of stations by three, nitrogen oxides
(NOX) benefits increase nearly 300 percent and hydrocarbon
(HC) benefits increase by nearly 400 percent. This result strains
credulity and requires far more detailed background to justify such an
anomalous result.''
EPA Response: The air quality modeling submitted with the SIP
revision showed that extending the Green Line from Tufts University/
Ball Square to Medford Hillside and adding the Green Line spur to Union
Square Somerville would add the following daily emission benefits to
the original Green Line Extension: 7 kilograms of nitrogen oxides; 12
kilograms of volatile organic compounds; and 212 kilograms of carbon
monoxide. As a result, the demonstration submitted to EPA shows that
the extension of the Green Line project to Medford Hillside and Union
Square accounted for only a 0.025% increase in emission reduction
benefits for NOX and 0.041% for VOC when compared to the no-
build emissions for the modeled area. It is more realistic to compare
the marginal emission benefits for the expanded Green Line extension
alternative with the overall emission benefits of the entire original
Green Line to Tufts University/Ball Square. EPA finds these incremental
benefits to be reasonable.
Comment: One commenter raised a number of concerns about how the
modeling analysis handled assumptions for the proposed ``West Medford
Green Line extension with a Union Square spur'' and the ``Fairmount
Commuter Rail project'' such as headways, fares, number of transit
stations and transfers. The commenter asserted that modeling
assumptions would have a significant impact on the forecast of
ridership and corresponding emissions.
EPA Response: The Central Transportation Planning Staff (CTPS)
maintains a regional travel demand model set that is used to measure a
variety of impacts associated with changes to existing transportation
infrastructure, one of which is air quality emissions. CTPS's model set
is continuously improved as newer information is made available. This
process of updating inputs and methods has led to several intermediate
sets of results during the process of evaluating the SIP transit
commitments. The commenter based his concerns on a review of an early
state air quality modeling analysis and not the final analysis
submitted June 1, 2007 with a supplement to the December 13, 2006 SIP
revision. The March 2007 re-evaluation submitted to EPA June 1, 2007,
was conducted to satisfy subsection (8) ``Determination of Air Quality
Emission Reductions'' of the Transit System Improvements regulation,
310 CMR 7.36. Technical documentation identifying and explaining the
model and modeling assumptions is addressed in the CTPS's March 15,
2007 ``Description of Modeling Assumptions and Analysis Methodology for
the State Implementation Plan Transit Commitment Projects Current and
Proposed Substitutions.'' Additional modeling support documents
provided
[[Page 44661]]
to EPA as part of the SIP revision include CTPS's June 16, 2005
Memorandum on ``SIP Transit Modeling Assumptions,'' and a second CTPS
Memorandum dated June 27, 2005 on ``Responses to Arborway Comments.''
These updates and refinements to the modeling appear to address the
concerns about fares, number of transit stations and transfers and
represent the most recent information about and analysis of the
emissions effect of the project substitutions.
Even with the refinement of the model and the supporting
documentation, it remained unclear to EPA how the state's submittal
responded to a comment concerning headways, specifically the potential
for three minute headways on the Green Line Extension when the service
from the two new branches is combined and travels through the Lechmere
Station. One commenter indicated that the model's assumption of three
minute headways was unrealistic. EPA contacted CTPS and the
Massachusetts Bay Transportation Authority (MBTA) and learned that the
Green Line has operated in the past on three minute headways outbound
from Government Center Subway Station as well as inbound from Lechmere
Station. The MBTA has made structural improvements to the Lechmere
viaduct to allow 3 (2-car) trains per direction operating at 25 miles
per hour. Finally, a 1999 operational analysis of the Green Line showed
that within the Lechmere to Government Center area, the segment of the
Green Line between the North Station and Haymarket stations serves as
the capacity ``pinch point,'' with a maximum number of trains per hour
on this segment of 34. Under the proposed Green Line Extension
operating plan, the C, D and E Lines on the Green Line would operate
through this pinch point with 34 trains per hour during the peak
period. Therefore, it does not appear to be unrealistic that the new
service could operate at three minute headways.
As explained in the response above, EPA has determined that the
modeling is consistent with methodology and assumptions used in
developing the State Implementation Plan, consistent with developing
the long range transportation plans and transportation improvement
programs, as well as consistent with the methodology and assumptions
used in the transportation conformity process to determine that
transportation planning is consistent with the air quality planning for
the SIP.
III. Compliance With Clean Air Act TCM Substitution Requirements
Clean Air Act section 176(c)(8), added by SAFETEA-LU, establishes
the procedures for ensuring that substitute TCMs provide equal or
greater emissions reductions than the TCMs that are being replaced. It
also establishes the process for MPO, EPA and state air agency
concurrence on the substitution or addition of TCM projects. Finally,
it ensures that the state and EPA maintain up-to-date information on
the TCMs in approved SIPs so that the public is aware of the TCMs that
are to be implemented. EPA and U.S. Department of Transportation (DOT)
issued joint guidance on February 14, 2006, on the implementation of
all of the Clean Air Act amendments made by SAFETEA-LU, a copy of which
has been placed in the electronic docket. This guidance clarified EPA
and DOT expectations for how TCM substitutions and additions are to be
carried out by state and local agencies. The guidance is available at
http://www.epa.gov/otaq/stateresources/transconf/420b06901.pdf.\1\
---------------------------------------------------------------------------
\1\ EPA issued regulations to implement SAFETEA-LU, and
concluded that no regulations were needed to implement section
176(c)(8), because the statute is already sufficiently detailed.
Additionally, EPA/DOT have issued guidance that addresses questions
that might arise about TCM substitutions. (73 FR 4420-4441; January
24, 2008).
---------------------------------------------------------------------------
On June 1, 2007, MA DEP concurred in EOT's determination that the
substitute projects achieved at least equivalent emissions reductions.
In addition to the state air pollution control agency, section
176(c)(8)(A)(v) specifically requires both the MPO and EPA to concur
with the equivalency of the substitute TCMs before the substitution can
take effect. On May 3, 2007, Massachusetts Secretary of Transportation,
Bernard Cohen, submitted EOT's air quality modeling analysis for the
substitution projects to MA DEP. This analysis demonstrates that the
required emission reductions set forth in section 7.36(8) of the
Regulation will be achieved by the new projects. In a May 1, 2008
letter to EPA, the Boston MPO concurred in the finding that the transit
system improvements projects will achieve emission benefits equivalent
to or greater than the benefits from the original transit system
improvements projects being replaced. For EPA's concurrence on the
substitutions included in this SIP revision, the Agency sent a letter
to the Boston MPO, contemporaneous with our final action on this SIP
revision, to document EPA's concurrence on the substitutions being
approved with the revisions to MA DEP's regulation.\2\ For any future
substitutions, EPA will work with MA DEP to coordinate EPA's review
with DEP's review of the proposed substitution so that the substitution
can take effect as a matter of federal law if both DEP and EPA approve
it.
---------------------------------------------------------------------------
\2\ Both the authority to approve this SIP revision and the
authority to concur on TCM substitutions under section 176(c)(8)
have been delegated to the Regional Administrator. See EPA
Delegations of Authority Nos. 7-10 (Approval/Disapproval of State
Implementation Plans) and 7-158 (Transportation Control Measure
Substitutions and Additions). Note that while EPA is using an
informal rulemaking to act on this proposed SIP revision, section
176(c)(8)(A)(v) does not require a rulemaking to accomplish EPA's
concurrence. See EPA/DOT Guidance at page 27, section 5.17. Indeed,
section 176(c)(8) was added to the Act precisely to avoid the need
for a full SIP revision to implement TCM substitutions in the
routine case. In this instance, where the TCM substitution is
occurring as part of a proposed SIP revision, EPA is simply acting
on the SIP in a rulemaking under section 110 of the Act
contemporaneous with its concurrence on the substitution in a letter
to the Boston MPO under section 176(c)(8) of the Act.
---------------------------------------------------------------------------
Section 176(c)(8) now also requires all substitutions of TCM's to
be submitted to EPA for incorporation into the codification of the SIP.
For the purposes of the substitutions provided for in the revisions of
the Regulation, the codification that results from the final action on
this SIP revision will address this requirement. For future
substitutions, although the state regulation does not specifically
require MA DEP to forward to EPA the results of MA DEP's substitution
determinations, it should be a routine matter for MA DEP to submit any
substitution it approves under section 7.36(5)(h) so that the federally
approved SIP can accurately reflect the current requirements under the
Regulation.
IV. Final Action
EPA is approving Massachusetts' amendments to Transit System
Improvements Regulation, 310 CMR 7.36, and Definition Regulation, 310
CMR 7.00 (which were filed with the Massachusetts Secretary of State on
November 16, 2006 and were effective on December 1, 2006), as a
revision to the Massachusetts SIP. EPA finds that the transit measures
in the revised transit system improvements regulation remain
directionally sound and that all proposed substitution projects
identified in the Regulation will collectively contribute to achieving
the national ambient air quality standard for ozone and maintaining the
carbon monoxide standard, thereby satisfying requirements set forth in
section 110(l) of the Clean Air Act.
EPA has determined that today's rule falls under the ``good cause''
exemption
[[Page 44662]]
in section 553(d)(3) of the Administrative Procedures Act (APA) which,
upon finding ``good cause,'' allows an agency to make a rule effective
immediately (thereby avoiding the 30-day delayed effective date
otherwise provided for in the APA). EPA has concluded that it is not
necessary to delay the effectiveness of this rule for 30 days because
the entities that will be directly affected by the transit system
improvements regulation have had ample notice of the requirements in
the regulation, and they wish to use the substitute transit projects as
soon as possible in the conformity process under the Clean Air Act.
First, the requirements of the transit system improvements regulation
have been effective as a matter of state law since December 1, 2006.
Therefore, it is unnecessary to wait an additional thirty days to make
the regulation federally enforceable, because the entities subject to
the regulation have already had ample time to anticipate the compliance
requirements of this regulation under state law. Second, the state and
U.S. Departments of Transportation (DOTs) and the Boston Metropolitan
Planning Organization (Boston MPO) must use timely implementation of
these SIP-approved transportation control measures to determine whether
their long range transportation plans and transportation improvement
programs conform with the state's implementation plan. The DOTs and
Boston MPO will be most immediately affected by EPA's approval of these
transit system improvements and their transportation planning
obligations are directly impacted by changes in the SIP-approved list
of transportation control projects. EPA and the Massachusetts DEP have
been consulting extensively with the DOTs and the Boston MPO about the
transit system improvements. The DOTs and Boston MPO are not only ready
to use the new list of transit system improvement projects without
waiting 30 days, they are eager to use them as soon as possible to
avoid delays in the transportation planning process. Therefore, since
the entities that are most directly impacted by this approval are ready
to use the transit system improvements and prefer to use them
immediately, EPA is making this rule effective immediately. This rule
will be effective July 31, 2008.
V. 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 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 action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 (Public Law 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, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 29, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
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: July 5, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.
0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart W--Massachusetts
0
2. Section 52.1120 is amended by adding paragraph (c)(136) to read as
follows:
Sec. 52.1120 Identification of plan
* * * * *
(c) * * *
(136) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of
[[Page 44663]]
Environmental Protection on December 13, 2006 and June 1, 2007.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.00 entitled
``Definitions,'' adding the definition for the term ``Boston
Metropolitan Planning Organization,'' effective in the Commonwealth
of Massachusetts on December 1, 2006.
(B) Massachusetts Regulation 310 CMR 7.36 entitled ``Transit
System Improvements,'' effective in the Commonwealth of
Massachusetts on December 1, 2006.
(C) Massachusetts Regulation Filing, dated November 16, 2006,
substantiating December 1, 2006, State effective date for amended
310 CMR 7.00 entitled ``Definition,'' (addition of term ``Boston
Metropolitan Planning Organization,'' which appears on the replaced
page 173 of the State's Code of Massachusetts Regulations,) and 310
CMR 7.36 entitled ``Transit System Improvements.''
(ii) Additional Materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 13, 2006 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection dated June 1, 2007 submitting a revision to the
Massachusetts State Implementation Plan.
(C) Letter from the Massachusetts Executive Office of
Transportation dated September 4, 2007 identifying its commitment to
the Green Line extension and to make every effort to accelerate the
planning, design and environmental review and permitting of the
project in order to work towards the 2014 completion date.
(D) Letter from the Chair of the Boston Region Metropolitan
Planning Organization dated May 1, 2008 concurring in the finding
that the transit system improvements projects will achieve emission
benefits equivalent to or greater than the benefits from the
original transit system improvements projects being replaced.
(E) Letter from EPA New England Regional Administrator dated
July 5, 2008 concurring in the finding that the transit system
improvements projects will achieve emission benefits equivalent to
or greater than the benefits from the original transit system
improvements projects being replaced.
0
3. In Sec. 52.1167, Table 52.1167 is amended by adding two new
citations to the existing entry for 310 CMR 7.00 and two new citations
to the existing entry for 310 CMR 7.36 to read as follows:
Sec. 52.1167 EPA-approved Massachusetts State regulations
* * * * *
Table 52.1167--EPA-Approved Rules and Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date submitted Date approved Comments/unapproved
State citation Title/subject by State by EPA Federal Register citation 52.1120(c) sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
310 CMR 7.00........... Definitions........... 12/13/06 07/31/08 [Insert Federal Register page 136 Addition of the term,
number where the document ``Boston
begins]. Metropolitan
Planning
Organization.''
...................... 12/13/06 07/31/08 [Insert Federal Register page 136 Massachusetts
number where the document Regulation Filing,
begins]. dated November 16,
2006, substantiating
December 1, 2006,
State effective date
for amended 310 CMR
7.00 entitled
``Definition,''
(addition of term
``Boston
Metropolitan
Planning
Organization,''
which appears on the
replaced page 173 of
the State's Code of
Massachusetts
Regulations.).
* * * * * * *
310 CMR 7.36........... Transit system 12/13/06 07/31/08 [Insert Federal Register page 136 Amendments to Transit
improvements number where the document System Improvements
regulation. begins]. Regulation.
...................... 12/13/06 07/31/08 [Insert Federal Register page 136 Massachusetts
number where the document Regulation Filing,
begins]. dated November 16,
2006, substantiating
December 1, 2006,
State effective date
for amended 310 CMR
7.36 entitled
``Transit System
Improvements.''
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: 1. This table lists regulations adopted as of 1972. It
does not depict regulatory requirements which may have been part of
the Federal SIP before this date. 2. The regulations are effective
statewide unless otherwise stated in comments or title section.
[FR Doc. E8-17595 Filed 7-30-08; 8:45 am]
BILLING CODE 6560-50-P