Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 60.00 - Air Pollution Control For Mobile Sources › Section 60.03 - U Conformity to the State Implementation Plans of Transportation Plans, programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of
			 310 CMR 60.00 is to implement
			 §176 (c) of the Clean Air Act, as amended and the related requirements of
			 23
			 U.S.C. 109(j), with respect
			 to the conformity of transportation plans, programs and projects which are
			 developed, funded or approved by the U.S. Department of Transportation, and by
			 metropolitan planning organizations or other recipients of funds under 23
			 U.S.C. or the Federal Transit Act ( 49 U.S.C. 1601
et seq
.).
			 310 CMR 60.00 sets forth
			 policy, criteria and procedures for demonstrating and assuring conformity of
			 such activities to the Massachusetts State Implementation Plan developed
			 pursuant to § 110 and Part D of the Clean Air Act.
(2)
Definitions
.
			 Terms but not defined in 310 CMR 60.03 shall have the meaning given to them by
			 the CAA, titles 23 and 49 U.S.C., Environmental Protection Agency regulations
			 or U.S. Department of Transportation regulations, in that order of priority.
CAA
means the Clean Air Act, as
				amended (
				42 U.S.C
				7401
et seq
. as amended by
				PL
				101-549, November 15,1990).
Cause or contribute to a new violation
for a project means:
(a) To cause or
			 contribute to a new violation of a standard in the area affected by a project
			 or over a region which would otherwise not be in violation of the standard
			 during the future period in question, if the project were not implemented,
			 or
(b) To contribute to a new
			 violation in a manner that would increase the frequency or severity of a new
			 violation of a standard in such area.
CMAQ
means the congestion mitigation
				and air quality improvement program established under the Intermodal Surface
				Transportation and Efficiency Act of 1991.
Consultation
means that one party
				confers with another identified party, provides all appropriate information to
				that party needed for meaningful input, and, prior to taking any action,
				considers the views of that party and responds to those views in a timely,
				substantive written manner prior to any final decision on such action. Such
				views and written response shall be made part of the record of any decision or
				action.
Control strategy SIP revision
is the
				revision to the SIP which contains specific strategies for controlling the
				emissions of and reducing ambient levels of pollutants in order to satisfy CAA
				requirements for demonstrations of reasonable further progress and attainment
				(CAA §§ 182(b)(1), 182(c)(2)(A), 182(c)(2)(B),
				187(a)(7),189(a)(1)(B),189(b)(1)(A) and 192(a) & (b) for nitrogen dioxide
				(NO2)).
Control strategy period
with respect
				to carbon monoxide (CO), particulate matter less than ten microns in diameter
				(PM10), nitrogen dioxide and/or ozone precursors
				(volatile organic compounds and oxides of nitrogen), means that period of time
				after EPA approves control strategy SIP containing strategies for controlling
				CO, and/or ozone, as appropriate. This period ends when a request under §
				107(d) of the CAA for redesignation to an attainment area is submitted to and
				approved by EPA.
Department
means the Department of
				Environmental Protection.
Design concept
means the type of
				facility identified by a project,
e.g.
,freeway, expressway,
				arterial highway, grade-separated highway, reserved right-of-way rail transit,
				mixed-traffic rail transit, exclusive busway,
etc
.
Design scope
means the design aspects
				which will affect a proposed facility's impact on regional emissions, usually
				as they relate to vehicle or person carrying capacity and
				control,
e.g.
, number of lanes or tracks to be constructed or
				added, length of project, signalization, access control including approximate
				number and location of interchanges, preferential treatment for high-occupancy
				vehicles,
etc
.
DOT
means the United States Department
				of Transportation.
EOTC
means the Massachusetts Executive
				Office of Transportation and Construction.
EPA
means the United States
				Environmental Protection Agency.
FHWA
means the Federal Highway
				Administration of DOT.
FHWA/FTA project
is any highway or
				transit project which is proposed to receive funding assistance and approval
				through the Federal-Aid Highway program or the Federal mass transit program, or
				requires Federal Highway Administration (FHWA) or Federal Transit
				Administration (FTA) approval for some aspect of the project, such as
				connection to an interstate highway or deviation from applicable design
				standards on the interstate system.
FTA
means the Federal Transit
				Administration of DOT.
Forecast period
with respect to a
				transportation plan is the period covered by the transportation plan pursuant
				to 23 CFR part 450.
Highway project
is an undertaking to
				implement or modify a highway facility or highway-related program and consists
				of all required phases necessary for implementation. For analytical purposes,
				it shall be defined sufficiently to:
(a) connect logical termini and be of
			 sufficient length to address environmental matters on a broad scope;
(b) have independent utility or significance,
			 i.e., be usable and be a reasonable expenditure even if no additional
			 transportation improvements in the area are made; and
(c) not restrict consideration of
			 alternatives for other reasonably foreseeable transportation
			 improvements.
Horizon year
is a year for which the
				transportation plan describes the envisioned transportation system pursuant to
				310 CMR 60.03(7).
Hot-spot analysis
is an estimation of
				likely future localized CO and PM10 pollutant
				concentrations and a comparison of those concentrations to the national ambient
				air quality standards. Pollutant concentrations to be estimated should be based
				on the total emissions burden which may result from the implementation of a
				single, specific project, summed together with future background concentrations
				(which can be estimated using the ratio of future to current traffic multiplied
				by the ratio of future to current emission factors and then applying the ratio
				to the background value) expected in the area. The total concentration shall be
				estimated and analyzed at appropriate receptor locations in the area
				substantially affected by the project. Hot-spot analysis assesses impacts on a
				scale smaller than the entire nonattainment or maintenance area, including, for
				example, congested roadway intersections and highways or transit terminals, and
				uses an air quality dispersion model to determine the effects of emissions on
				air quality.
Increase the frequency or severity
means to cause a location or region to exceed a standard more often or to cause
				a violation at a greater concentration than previously existed and/or would
				otherwise exist during the future period in question, if the project were not
				implemented.
Interim Period
with respect to a
				pollutant or pollutant precursor means that period of time lasting until the
				earlier of the following:
(a)
			 submission to EPA of the relevant control strategy SIP revisions which have
			 been endorsed by the Governor and has been subject to a public hearing,
			 or
(b) the date that the Clean Air
			 Act requires relevant control strategy SIP to be submitted to EPA, provided EPA
			 has notified the Commonwealth, MPO, and DOT of the Commonwealth's failure to
			 submit any such plans. The precise end of the interim period is defined in 310
			 CMR 60.03(24).
ISTEA
means the Intermodal Surface
				Transportation Efficiency Act of 1991.
Maintenance area
means any geographic
				region previously designated nonattainment pursuant to the CAA Amendments of
				1990 and subsequently redesignated to attainment subject to the requirement to
				develop a maintenance plan under §175A of the CAA, as amended.
Maintenance period
with respect to a
				pollutant or pollutant precursor means that period of time beginning when EPA
				approves a request under § 107(d) of the CAA for redesignation to an
				attainment area, and lasting for 20 years, unless the SIP specifies that the
				maintenance period shall last for more than 20 years.
MEPA
means the Massachusetts
				Environmental Policy Act (M.G.L. c. 30,§ 61 through 62H, and regulations
				at
				301 CMR
				11.00:
MEPA Regulations
).
Metropolitan planning organization
				(MPO)
is that organization designated as being responsible,
				together with the Commonwealth, for conducting the continuing, cooperative, and
				comprehensive planning process under
				23 U.S.C.
				134 and 49 U.S.C. 1607. It is the forum for
				cooperative transportation decision-making. For the purposes of 310 CMR 60.03,
				Regional Planning Agencies (RPA) in the Commonwealth of Massachusetts which
				have not been formally designated as MPOs under
				23 U.S.C.
				134 and 49 U.S.C. 1607 shall be subject to
				the same requirements as MPOs.
Milestone
means an emissions level and
				the date on which it is required to be achieved under § 182(g)(1) and
				§ 189(c) of the CAA.
Motor vehicle emissions budget
is that
				portion of the total allowable emissions defined in a SIP revision (or in a SIP
				revision which was endorsed by the Governor or his or her designee, subject to
				a public hearing) and submitted to EPA but not yet approved by EPA for a
				certain date for the purpose of meeting reasonable further progress milestones
				or attainment or maintenance demonstrations, for any criteria pollutant or its
				precursors, allocated by the SIP to highway and transit vehicles. The SIP for
				an ozone nonattainment area shall include a NOx motor
				vehicle emissions budget if NOx reductions are being
				substituted for reductions in volatile organic compounds in milestone years
				required for reasonable further progress.
National ambient air quality standards
				(NAAQS)
are those standards established pursuant to section 109 of
				the Clean Air Act and include standards for carbon monoxide (CO), lead (Pb),
				nitrogen dioxide (NO2),ozone, particulate matter
				(PM-10), and sulfur dioxide (SO2).
NEPA
means the National Environmental
				Policy Act of 1969, as amended (
				42 U.S.C.
				4321
et seq
).
NEPA process completion
with respect
				to FHWA or FTA, means the point at which there is a specific action to make a
				determination that a project is categorically excluded, to make a Finding of No
				Significant Impact, or to issue a record of decision on a Final Environmental
				Impact Statement under NEPA.
Nonattainment area
means any
				geographic region which has been designated as nonattainment under § 107
				of the CAA for any pollutant for which a national ambient air quality standard
				exists.
Not classified area
means any carbon
				monoxide nonattainment area which EPA has not classified as either moderate or
				serious.
Project
means a highway project or
				transit project.
Recipient of funds designated under title 23 U.S.C.
				or the Federal Transit Act
means any agency at any level of
				Commonwealth, county, city, or regional government that routinely receives
				title 23 U.S.C. or Federal Transit Act funds to construct FHWA/FTA projects,
				operate FHWA/FTA projects or equipment, purchase equipment, or undertake other
				services or operations via contracts or agreements. This definition does not
				include private landowners or developers, or contractors or entities that are
				only paid for services or products created by their own employees.
Regionally significant project
means a
				transportation project (other than an exempt project) which serves regional
				transportation needs (such as access to and from the area outside of the
				region, major activity centers in the region, major planned developments such
				as new retail malls, sports complexes,
etc
., or transportation
				terminals as well as most terminals themselves) and would normally be included
				in the modeling of a metropolitan area's transportation network, including at a
				minimum all principal arterial highways and all fixed guideway transit
				facilities that offer an alternative to regional highway travel. Regionally
				significant projects include, but are not limited to, (a) any project that adds
				a lane (other than a turning lane in the vicinity of an intersection) to a
				minor arterial or greater classification highway; and (b) any project for the
				construction of a new facility that is a minor arterial or greater
				classification highway.
SIP
is the portion (or portions) of
				the implementation plan, or most recent revision thereof, which has been
				approved under § 110, or promulgated under § 110(c), or promulgated
				under § 301(d) and which implements the relevant requirements of the
				CAA.
Standard
means a national ambient air
				quality standard.
Transit
is mass transportation by bus,
				rail, or other conveyance which provides general or special service to the
				public on a regular and continuing basis. It does not include school buses or
				charter or sightseeing services.
Transit project
is an undertaking to
				implement or modify a transit facility or transit-related program; purchase
				transit vehicles or equipment; or provide financial assistance for transit
				operations. It does not include actions that are solely within the jurisdiction
				of local transit agencies, such as changes in routes, schedules, or fares. It
				may consist of several phases. For analytical purposes, it shall be defined
				inclusively enough to:
(a) connect
			 logical termini and be of sufficient length to address environmental matters on
			 a broad scope; (b) have independent utility or independent
			 significance,
i.e
., be a reasonable expenditure even if no
			 additional transportation improvements in the area are made; and (c) not
			 restrict consideration of alternatives for other reasonably foreseeable
			 transportation improvements.
Transitional period
with respect to a
				pollutant or pollutant precursor means that period of time which begins after
				submission to EPA of the relevant control strategy SIP which has been endorsed
				by the Governor (or his or her designee) and has been subject to a public
				hearing. The transitional period lasts until EPA takes final approval action on
				the control strategy SIP submission.
Transportation control measure (TCM)
is any measure that is specifically identified and committed to in the SIP or a
				SIP revision submitted to EPA that is either one of the types listed in
				§108 of the CAA or any other measure with the purpose of reducing
				emissions or concentrations of air pollutants from transportation sources by
				reducing vehicle use or changing traffic flow or congestion conditions.
				Notwithstanding the above, vehicle tech-nology-based, fuel-based, and
				maintenance-based measures which control the emissions from vehicles under
				fixed traffic conditions are not TCMs.
Transportation improvement program
				(TIP)
means a staged, multiyear, intermodal program of
				transportation projects covering a metropolitan planning area which is
				consistent with the metropolitan transportation plan, and developed pursuant to
				23 CFR part 450.
Transportation plan
means the official
				intermodal metropolitan transportation plan that is developed through the
				metropolitan planning process for the metropolitan planning area, developed
				pursuant to 23 CFR part 450.
Transportation project
is a highway
				project or a transit project.