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[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 
[email protected]. 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 [email protected].

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]
 BILLING CODE 6560-50-P
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