Current through Register 1531, September 27, 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. 1601et 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.
(3)
Applicability.
(a)
Action
applicability.
1. Except as
provided for in 310 CMR 60.03(3)(c) or 310 CMR 60.03(30), conformity
determinations are required for:
a. The
adoption, acceptance, approval, funding or support of transportation plans by
an MPO or DOT;
b. The adoption,
acceptance, approval, funding or support of TIPs by an MPO or DOT;
and
c. The approval, funding, or
implementation of FHWA/FTA projects.
2. Conformity determinations are not required
for projects which are not FHWA/FTA projects. However, 310 CMR 60.03(25)
applies for regionally significant non FHWA/FTA projects.
(b)
Geographic
Applicability.
1. The provisions
of this subpart shall apply in all nonattainment and maintenance areas for
transportation-related criteria pollutants.
2. The provisions of this subpart apply with
respect to emissions of the following criteria pollutants: ozone, carbon
monoxide (CO), nitrogen dioxide (NO2) and particles with
an aerodynamic diameter less than or equal to a nominal 10 micrometers
(PM10).
3.
The provisions of this subpart apply with respect to emissions of the following
precursor pollutants:
a. volatile organic
compounds (VOC) and nitrogen oxides (NOx) in ozone areas (unless the EPA
Administrator determines under §182 of the CAA that additional reductions
would not contribute to attainment);
b. NOx in NO2 areas;
and
c. VOC, nOx and
PM10 in PM10 areas if:
i. During the interim period, the EPA
Regional Administrator or the director of the state air agency has made a
finding that transportation-related precursor emissions within the
nonattainment area are a significant contributor to the
PM10 nonattainment problem and has so notified the MPOs
and DOT; or
ii. During the
transitional, control strategy and maintenance periods, the applicable
implementation plan (or implementation plan submission) established a budget
for such emissions as part of the reasonable further progress, attainment or
maintenance strategy.
(c)
Limitations.
1. Projects subject to
310 CMR 60.00 for which the
NEPA process and a conformity determination have been completed by FHWA or FTA
may proceed toward implementation without further conformity determinations if
one of the following major steps has occurred within the most recent three year
period: NEPA process completion; start of final design; acquisition of a
significant portion of the right-of-way; or approval of the plans,
specifications and estimates. All phases of such projects which were considered
in the conformity determination are also included, if those phases were for the
purpose of funding, final design, right-of-way acquisition, construction, or
any combination of these phases.
2.
A new conformity determination for a project will be required if there is a
significant change in project design concept and scope, if a supplemental
environmental document for air quality purposes is initiated, or if no major
steps to advance the project have occurred within the most recent three year
period.
(4)
Priority. When assisting, funding or approving any
action with air quality-related consequences, FHWA and FTA shall give priority
to the implementation of the transportation-related portions of the SIP. This
priority shall be consistent with statutory requirements for allocation of
funds among States or other jurisdictions.
(5)
Frequency of conformity
determinations.
(a) Conformity
determinations and conformity redeterminations for transportation plans, TIPs
and FHWA/FTA projects must be made according to the requirements of
310
CMR 60.05 and the SIP.
(b)
Transportation
plans.
1. Each new
transportation plan shall be found to conform before the transportation plan is
approved by the MPO or accepted by DOT.
2. All transportation plan revisions shall be
found to conform before the transportation plan revisions are approved by the
MPO or accepted by DOT, unless the revision merely adds or deletes exempt
projects listed in 310 CMR 60.03(30). The conformity determination shall be
based on the transportation plan and the revision taken as a whole.
3. Conformity of existing transportation
plans shall be redetermined within 18 months of the following, or the existing
conformity determination will lapse:
a.
November 24,1993; (May 24,1995)
b.
EPA approval of a SIP revision which:
i.
Establishes or revises a transportation-related emissions budget (as required
by CAA sections 175A(a), 182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7),
189(a)(1)(B) and 189(b)(1)(A).
ii.
Adds, deletes, or changes TCMs.
c. EPA promulgation of a SIP which
establishes or revises a transportation-related emissions budget, or adds,
deletes or changes TCMs.
4. Conformity determinations shall be made no
less frequently than every three years and shall lapse within three years of a
determination.
(c)
Transportation improvement programs.
1. A new TIP shall be found to conform before
the TIP is approved by the MPO or accepted by DOT.
2. TIP amendment requires a new conformity
determination for the entire TIP before the amendment is approved by the MPO or
accepted by DOT, unless the amendment merely adds or deletes exempt projects
listed in 310 CMR 60.03(30).
3.
After an MPO adopts a new or revised transportation plan, conformity shall be
redetermined by the MPO and DOT within six months from the date of adoption of
the plan, unless the new or revised plan merely adds or deletes exempt projects
listed in 310 CMR 60.03(30). Otherwise, the existing conformity determination
for the TIP will lapse.
4.
Conformity determinations shall be made no less frequently than every three
years and shall lapse within three years of a determination.
(d)
Projects. FHWA/FTA projects shall be found to conform
before they are adopted, accepted, approved, or funded. Conformity shall be
redetermined for any FHWA/FTA project if none of the following major steps has
occurred within the past three years: NEPA process completion; start of final
design; acquisition of a significant portion of the right-of-way; or approval
of the plans, specifications and estimates.
(6)
Consultation.
(a)
Agency
Responsibilities.
1. Executive
Office of Transportation and Construction (EOTC)
a. coordinates overall consultation process
for conformity findings of transportation plans and TIPs;
b. provides guidance and assistance to MPOs
in determining conformity of transportation plans, TIPs and projects, as
appropriate;
c. reviews MPO
transportation plans, TIPs and project air quality conformity determinations
for acceptability and content and coordinates submittal to the Department, EPA
and DOT;
d. performs project-level
conformity determinations during the environmental review process under NEPA
and MEPA;
e. provides the
Department with traffic-related parameters for calculating mobile source
emissions of the SIP;
f. serves as
the lead agency, in consultation with other MPO members, in SIP planning and
implementation for transportation initiatives pursuant to section 174(a) of the
Clean Air Act.
2.
Metropolitan Planning Organizations (MPOs)
a.
develops transportation plans and TIPs;
b. performs regional emissions analysis of
transportation plans and TIPs;
c.
makes conformity findings on transportation plans and TIPs;
d. develops public consultation procedures in
accordance with 23 CFR Part 450;
3. Department of Environmental Protection
(DEP)
a. serves as lead agency in overall SIP
development, coordination and implementation;
b. coordinates overall consultation process
for the SIP;
c. coordinates with
EPA on SIP-related issues;
d.
provides EOTC and the MPOs with mobile source inputs for air quality modeling
of transportation plans, TIPs and projects;
e. conducts conformity reviews of
transportation plans, TIPs and projects and issues findings of concurrence or
non-concurrence.
4.
Environmental Protection Agency (EPA)
a.
provides input and guidance, as needed, on analysis procedures for air quality
estimates, SIP preparation, conformity analyses and interpretation of EPA rules
and guidance;
b. consults with the
U.S. DOT on review of conformity determinations. 4. U.S. Department of
Transportation (DOT)
a. provides
input and guidance, as needed, on the transportation planning process and
issues that arise during the conformity process;
b. makes final conformity findings;
c. sends copies of conformity determinations
to EPA for input.
(b) The MPO shall make conformity
determinations according to 310 CMR 60.03(6) and with the SIP and in accordance
with the public involvement procedures established by the MPO in compliance
with 23 CFR part 450. This criterion applies during all periods.
(c)
State and Federal Agency
Consultation.
1. Prior to such
time that conformity analyses on transportation plans, TIPs and projects are
performed, or at the request of an involved agency, EOTC shall convene a
consultation meeting(s) with representatives from the MPOs, the Department, EPA
and DOT. Prior to a consultation meeting(s), EOTC shall circulate a meeting
agenda to the involved agencies. The specific purposes of the state and federal
agency consultation meeting are to:
a. select
CO and PM10 hotspot modeling procedures;
b. select regional emissions analysis models
including consulting on model development and assessing project design factors
for modeling;
c. identify analysis
methods to estimate vehicle miles travelled (VMT) and emissions from
non-regionally significant projects as required by 310 CMR
60.03(26)(b).
d. select inputs to
the most recent EPA-approved emissions factor model;
e. identify regionally significant projects
to be included in the regional emissions analysis including non-federally
funded projects;
f. identify
projects which have changed in design and scope from the transportation plan or
TIP;
g. identify exempt
projects;
h. identify exempt
projects and categories of exempt projects which should be treated as
non-exempt because they may have adverse air quality impacts and determining
appropriate air quality analysis methodologies for analyzing such
projects;
i. identify
transportation plan and TIP revisions which add or delete exempt
projects;
j. identify the latest
planning assumptions and determining consistency with SIP
assumptions;
k. determine if the
transportation plan and TIP are fiscally constrained; and
l. develop factors to reconcile Highway
Performance Monitoring System (HPMS) VMT estimates with network-based model VMT
estimates pursuant to 310 CMR 60.03(25)(b)2.
2. EOTC shall document the outcome(s) of the
consultation meeting(s) and shall circulate said documentation to the MPOs, the
Department, EPA and DOT.
(d)
State Agency
Consultation.
1. Prior to such
time that conformity analyses on transportation plans, TIPs and projects are
performed, or at the request of an involved agency, EOTC shall convene a
consultation meeting(s) with representatives from the MPOs and the Department.
EOTC shall circulate a meeting agenda to involved agencies. The specific
purpose of the state agency consultation meeting are to:
a. identify which events trigger conformity
in addition to events listed in 310 CMR 60.03(6);
b. consult on emissions analyses for
transportation activities which cross the borders of MPO or nonattainment
areas; and
c. consult on conformity
determinations outside MPO and nonattainment or maintenance areas.
2. EOTC shall document the
outcome(s) of the consultation meeting(s) and shall circulate said
documentation to the MPOs and the Department.
(e)
CMAQ
Consultation.
1. Prior to the
time that the MPOs perform required conformity analyses on transportation
plans, TIPs and projects, EOTC shall convene a consultation meeting(s) with
representatives from the MPOs and the Department for the purpose of:
a. determining and establishing criteria and
procedures for projects to be selected under the CMAQ program. Criteria to
select projects shall include, but shall not be limited to, whether or not the
project is a TCM in the SIP or listed as TCM under § 108(f) of the CAA,
quantity of potential emissions reductions, timing of air quality benefits,
impact on multiple pollutants, potential to reduce VMT, potential to alleviate
congestion, the intermodal aspects of the projects, cost effectiveness,
regional applicability, public awareness, promotion of technology, educational
value, innovation and potential to reduce emissions from heavy duty vehicles;
and
b. determining air quality
analysis procedures for CMAQ projects.
2. Prior to performing the required
conformity analyses on transportation plans, TIPs and projects, the MPOs shall:
a. develop a list of potential projects to be
funded under the CMAQ program;
b.
convene a consultation meeting which includes representatives from the MPO and
the Department for the purpose of selecting CMAQ projects using the criteria
developed pursuant to 310 CMR 60.03(6)(d)1.a.
(f)
Transportation Control
Measures.
1. Prior to making
conformity determinations for a transportation plan, TIP or project, the MPOs
and EOTC shall submit a list and status report of SIP TCMs, including TCMs
contained in the SIP prior to passage of the Clean Air Act Amendments of 1990,
to the Department for review and approval.
2. In the event that a SIP TCM has not been
implemented or is behind the schedule required by the SIP, the MPO and/or EOTC
shall submit to the Department, in writing:
a.
the reasons why the SIP TCM has not been implemented or has been
delayed;
b. the steps being taken
to get the SIP TCM on schedule;
c.
the funding source to be used to fund and implement the SIP TCM; and
d. an assessment of whether the SIP TCM may
need to be replaced with substitute SIP TCM and SIP revision in order to create
the expected emissions reductions.
(g)
Concurrence.
1. After a final conformity determination has
been made by an MPO, EOTC and the MPOs shall submit MPO-endorsed transportation
plans, TIPs or projects within 30 days of endorsement to the Department for
concurrence with the conformity determination.
2. The Department shall review the conformity
determinations of transportation plans, TIPs or projects and shall issue a
finding of concurrence or non-concurrence with the conformity determination, in
writing, within 30 days. If the Department has not issued a finding of
concurrence or non-concurrence within 30 days, the transportation plan, TIP or
project shall be presumed to conform to the SIP by the Department.
3. If the Department issues a finding of
non-concurrence with the conformity determination, EOTC and the MPO shall have
30 days to resolve any issues which resulted in the finding of non-concurrence.
If the issues which resulted in the finding of non-concurrence are not resolved
to the Department's satisfaction, the state air agency shall issue a finding,
in writing, of non-conformance with the SIP to EPA and DOT for further
action.
(h)
Public consultation procedures. Prior to making
conformity determinations on transportation plans, TIPs and projects, EOTC and
MPOs shall comply with the public review processes required under 23 CFR Part
450 planning regulations and provide an opportunity for public review and
comment. All public comments regarding plans for regionally significant
projects not receiving FHWA or FTA funding or approval which were not reflected
in the emissions analysis shall be specifically addressed in writing.
(i)
Circulation of
documents.
1. Draft
Transportation Plans, TIPs and projects shall be circulated to the Department,
EPA, FHWA and FTA and shall be available for public review by each MPO at each
Regional Planning Agency.
2.
Transportation Plans, TIPs and projects which have received a final conformity
determination by an MPO and have been approved by DOT shall be circulated to
the Department, EPA, FHWA and FTA and shall be available for public review by
each MPO at each Regional Planning Agency.
(7)
Content of Transportation
Plans.
(a)
Transportation plans adopted after January 1,1995
shall specifically describe the transportation system envisioned for certain
horizon years.
1. The agency or organization
developing the transportation plan may choose any years to be horizon years,
subject to the following restrictions:
a.
Horizon years shall be no more than ten years apart.
b. The first horizon year shall be no more
than ten years from the base year used to validate the transportation demand
planning model.
c. If the
attainment year is in the time span of the transportation plan, the attainment
year shall be a horizon year.
d.
The last horizon year shall be the last year of the transportation plan's
forecast period.
2. For
these horizon years:
a. The transportation
plan shall quantify and document the demographic and employment factors
influencing expected transportation demand, including land use forecasts, in
accordance with the SIP and consultation procedures in 310 CMR
60.03(6);
b. The highway and
transit system shall be described in terms of the regionally significant
additions or modifications to the existing transportation network which the
transportation plan envisions to be operational in the horizon years. Additions
and modifications to the highway network shall be sufficiently identified to
indicate intersections with existing regionally significant facilities, and to
determine their effects on route options between transportation analysis zones.
Each added or modified highway segment shall also be sufficiently identified in
terms of its design concept and design scope to allow modeling of travel times
under various traffic volumes, consistent with the modeling methods for
area-wide transportation analysis in use by the MPO. Transit facilities,
equipment, and services envisioned for the future shall be identified in terms
of design concept, design scope, and operating policies sufficient to allow
modeling of their transit ridership. The description of additions and
modifications to the transportation network shall also be sufficiently specific
to show that there is a reasonable relationship between expected land use and
the envisioned transportation system; and
c. Other future transportation policies,
requirements, services, and activities, including intermodal activities, shall
be described.
(b)
Savings The
requirements of 310 CMR 60.03 supplement other requirements of applicable law
or regulation governing the format or content of transportation
plans.
(8)
Relationship of Transportation Plan and TIP Conformity with the
NEPA and MEPA Processes. The degree of specificity required in the
transportation plan and the specific travel network assumed for air quality
modeling do not preclude the consideration of alternatives in the NEPA process,
the MEPA process or other project development studies. Should the NEPA process
or MEPA process result in a project with design concept and scope significantly
different from that in the transportation plan or TIP, the project shall meet
the criteria in 310 CMR 60.03(11) through (23) for projects not from a TIP
before NEPA process or MEPA completion.
(9)
Fiscal Constraints for
Transportation Plans and TIP. Transportation plans and TIPs shall
be fiscally constrained consistent with DOT's metropolitan planning regulations
at
23
CFR part 450.322(b)(11) and
450.324(e)
as in effect on the date of adoption of this rule in order to be found in
conformity. The determinations that a transportation plan or TIP is fiscally
constrained shall be subject to the consultation procedures in 310 CMR
60.03(6).
(10)
Criteria
and Procedures for Determining Conformity of Transportation Plans, programs and
Projects: General
(a) In order to
be found to conform, each transportation plan, program and FHWA/FTA project
shall satisfy the applicable criteria and procedures in 310 CMR 60.03(11)
through (23) as listed in 310 CMR 60.03(10)(b) Table 1 and shall comply with
all applicable conformity requirements of the SIP and of court orders for the
area which pertain specifically to the conformity determination requirements.
The criteria for making conformity determinations differ based on the action
under review (transportation plans, TIPs and FHWA/FTA projects), the time
period which the determination is made and the relevant pollutant.
(b) The following table indicates the
criteria and procedures in 310 CMR 60.03(11) through (23) which shall apply for
each action in each time period.
Table 1. - Conformity Criteria
|
ALL PERIODS
|
|
Transportation Plan
|
. latest planning assumptions 310 CMR
60.03(11)
. latest emissions model 310 CMR 60.03(12)
. conformity in accordance with consultation
procedures 310 CMR 60.03(6)
. timely implementation of TCMs 310 CMR
60.03(13)(b)
|
|
TIP
|
. latest planning assumptions 310 CMR
60.03(11)
. latest emissions model 310 CMR 60.03(12)
. conformity in accordance with consultation
procedures 310 CMR 60.03(6)
. timely implementation of TCMs 310 CMR
60.03(13)(c)
|
|
Project
(from a conforming plan and TIP)
|
. latest planning assumptions 310 CMR
60.03(11)
. latest emissions model 310 CMR 60.03(12)
. conformity in accordance with consultation
procedures 310 CMR 60.03(6)
. currently conforming plan/TIP 310 CMR
60.03(14)
. project from conforming plan/TIP 310 CMR
60.03(15)
. no causing/contributing to/increasing severity of
CO or PM10 violations in nonattainment and maintenance
areas 310 CMR 60.03(16)
|
|
Project (not from a conforming plan and TIP)
|
. latest planning assumptions 310 CMR
60.03(11)
. latest emissions model 310 CMR 60.03(12)
. conformity in accordance with consultation 310 CMR
60.03(6)
. timely implementation of TCMs 310 CMR
60.03(13)(d)
. currently conforming plan/TIP 310 CMR
60.03(14)
. no causing/contributing to/increasing severity of
CO or PM10 violations in nonattainment and maintenance
areas 310 CMR 60.03(16)
. FHWA/FTA projects shall comply with
PM10 control measures in the SIP 310 CMR
60.03(33)
|
|
INTERIM PERIOD (period between 12/27/93 and SIP
submittal or SIP deadline)
|
|
Transportation Plan
|
. contribute to reductions in ozone and CO
nonattainment areas 310 CMR 60.03(21)
. contribute to reductions in
PM10 and
NO2 nonattainment areas 310 CMR
60.03(34)
|
|
TIP
|
. contribute to reductions in ozone and CO
nonattainment areas 310 CMR 60.03(22)
. contribute to reductions in
PM10 and
NO2 nonattainment areas 310 CMR
60.03(35)
|
|
Project (from a conforming plan and TIP)
|
. FHWA/FTA project must eliminate/reduce severity and
number of CO violations in CO nonattainment areas 310 CMR 60.03(20)
|
|
Project (not from a conforming plan and TIP)
|
. FHWA/FTA project must eliminate/reduce severity and
number of CO violations in CO nonattainment areas 310 CMR 60.03(20)
. contribute to reductions in ozone and CO
nonattainment areas 310 CMR 60.03(23)
. contribute to reductions in PM and NO nonattainment
areas 310 CMR 60.03(35)
|
|
TRANSITIONAL PERIOD (period between SIP submittal and
EPA approval of SIP)
|
|
Transportation Plan
|
. consistent with motor vehicle emissions budget 310
CMR 60.03(17)
. contribute to reductions in ozone and CO
nonattainment areas 310 CMR 60.03(21)
. contribute to reductions in
PM10 and NO2 nonattainment areas
310 CMR 60.03(34)
|
|
TIP
|
. consistent with motor vehicle emissions budget 310
CMR 60.03(18)
. contribute to reductions in ozone and CO
nonattainment areas 310 CMR 60.03(22)
. contribute to reductions in
PM10 and NO2 nonattainment areas
310 CMR 60.03(35)
|
|
Project
(from a conforming plan and TIP)
|
. FHWA/FTA project must eliminate/reduce severity and
number of CO violations in CO nonattainment areas 310 CMR 60.03(20)
|
|
Project (not from a conforming plan and TIP)
|
. consistent with motor vehicle emissions budget 310
CMR 60.03(19)
. FHWA/FTA project must eliminate/reduce severity and
number of CO violations in CO nonattainment areas 310 CMR 60.03(20)
. contribute to reductions in ozone and CO
nonattainment areas 310 CMR 60.03(23)
. contribute to reductions in
PM10 and NO2 nonattainment areas
310 CMR 60.03(35)
|
|
CONTROL STRATEGY AND MAINTENANCE PERIOD (period after
EPA approval of SIP)
|
|
Transportation Plan
|
. consistent with motor vehicle emissions budget 310
CMR 60.03(17)
|
|
TIP
|
. consistent with motor vehicle emissions budget 310
CMR 60.03(18)
|
|
Project
(from a conforming plan and TIP)
|
. no additional criteria
|
|
Project (not from a conforming plan and TIP)
|
. consistent with motor vehicle emissions budget 310
CMR 60.03(19)
|
(11)
Latest Planning
Assumptions.
(a) During all
periods, conformity determinations, with respect to all other applicable
criteria in 310 CMR 60.03(12) through (23), shall be based upon the most recent
planning assumptions in force at the time of the conformity determination. The
conformity determination shall satisfy the requirements of 310 CMR 60.03(11)(b)
through (f).
(b) Assumptions
including but not limited to VMT per capita or per household, trip generation
per household, vehicle occupancy, household size, vehicle fleet mix, vehicle
ownership, and the geographic distribution of population growth shall be
derived from the estimates of current and future population, employment,
travel, and congestion most recently developed by the MPO or other agency
authorized to make such estimates and approved by the MPO. The conformity
determination shall also be based on the latest assumptions about current and
future background concentrations. Any revisions to these estimates uses as part
of the conformity determination, including projected shifts in geographic
location or level of population, employment, travel, and congestion shall be
approved by the MPO or other agency authorized to make such estimates for the
area after consultation with the Department.
(c) The conformity determination for each
transportation plan and TIP shall discuss how transit operating policies
(including fares and service levels) and assumed transit ridership have changed
since the previous conformity determination.
(d) The conformity determination shall
include reasonable assumptions about transit service and increases in transit
fares and road and bridge tolls over time.
(e) The conformity determination shall use
the latest existing information regarding the effectiveness of the TCMs which
have already been implemented.
(f)
Key assumptions shall be specified and included in the draft documents and
supporting materials used for the interagency and public consultation required
by 310 CMR 60.03(6).
(12)
Latest Emissions
Model.
(a) During all periods,
conformity determinations shall be based on the latest emission estimation
model available. This requirement is satisfied if the most current version of
the motor vehicle emissions model specified by EPA and used in the preparation
or revision of the SIP is used for the conformity analysis and the consultation
requirements in 310 CMR 60.03(6) are met.
(b) EPA shall consult with DOT to establish a
grace period following the specification of any new model.
1. The grace period shall be no less that
three months and no more than 24 months after notice of availability is
published in the Federal Register.
2. The length of the grace period shall
depend on the degree of change in the model and the scope of re-planning likely
to be necessary by MPOs in order to assure conformity. If the grace period will
be longer than three months, EPA shall announce the appropriate grace period in
the Federal Register.
(c) Conformity analyses for which the
emissions analysis was begun before the Federal Register
notice of availability of the latest emission model or during the period which
allows the use of the previous emissions model as defined in the
Federal Register and known as the "grace period" may continue
to use the previous version of the model for transportation plans and TIPs. The
previous model may also be used for projects if the analysis was begun during
the grace period or before the Federal Register notice of
availability, provided no more than three years have passed since the draft
environmental document was issued.
(13)
Timely Implementation of
TCMs.
(a) During all periods, the
transportation plan and TIP shall provide for the timely implementation of TCMs
in the SIP and in SIP revisions submitted to EPA. An FHWA/FTA project which is
not from a conforming plan and TIP shall provide for the timely implementation
of TCMs in the SIP and in SIP revisions submitted to EPA.
(b) For transportation plans, this criterion
is satisfied if the following two conditions are met:
1. The transportation plan, in describing the
envisioned future transportation system, provides for the timely completion or
implementation of all TCMs in the SIP and in SIP revisions submitted to EPA
including, but not limited to those which are eligible for funding under title
23 U.S.C. or the Federal Transit Act, and is consistent with schedules included
in the SIP and in SIP revisions submitted to EPA.
2. Nothing in the transportation plan
interferes with the implementation of any TCM in the SIP and in SIP revisions
submitted to EPA.
(c)
For TIPs, this criterion is satisfied if the following conditions are met:
1. An examination of the specific steps and
funding source(s) needed to fully implement each TCM indicates that TCMs,
including but not limited to those which are eligible for funding under title
23 U.S.C. or the Federal Transit Act are on or ahead of the schedule
established in the SIP in SIP revisions submitted to EPA, or, if such TCMs are
behind the schedule established in the SIP or in SIP revisions submitted to
EPA, 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 a nonattainment
or maintenance area. Maximum priority to approval or funding of the TCMs shall
include demonstrations with respect to funding acceleration, commitment of
staff or other agency resources, diligent efforts to seek approvals and similar
actions.
2. If TCMs in the SIP and
in SIP revisions submitted to EPA have previously been programmed for Federal
funding but the funds have not been obligated and the TCMs are behind the
schedule in the SIP and in SIP revisions submitted to EPA, then the 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 under ISTEA's Congestion Mitigation and Air
Quality Improvement Program.
3.
Nothing in the TIP may interfere with the implementation of any TCM in the SIP
and in SIP revisions submitted to EPA.
(d) For FHWA/FTA projects which are not from
a conforming transportation plan and TIP, this criterion is satisfied if the
project does not interfere with the implementation of any TCM in the SIP and in
SIP revisions submitted to EPA.
(14)
Project Approval: Currently
Conforming Transportation Plan and TIP. During all periods, there
shall be a currently conforming transportation plan and currently conforming
TIP at the time of project approval. This requirement is satisfied if the
current transportation plan and TIP have been found to conform to the SIP by
the MPO and DOT according to the procedures and criteria of 310 CMR 60.03 and
the Department has concurred with the conformity determination. Only one
conforming transportation plan or TIP may exist in an area at any time;
conformity determinations of a previous transportation plan or TIP expire once
the current plan or TIP is found to conform by DOT. The conformity
determination on a transportation plan or TIP shall also lapse if conformity is
not determined according to the frequency requirements of 310 CMR
60.03(5).
(15)
Projects
from a Transportation Plan and TIP.
(a) During all periods, transportation
projects shall come from a conforming transportation plan and TIP. If this
criterion is not satisfied, the project shall satisfy all criteria for a
project not from a conforming transportation plan and TIP referenced in 310 CMR
60.03(10) Table 1. A project is considered to be from a conforming
transportation plan if it meets the requirements of 310 CMR 60.03(15)(b) and
from a conforming TIP if it meets the requirements of 310 CMR
60.03(15)(c).
(b) A project is
considered to be from a conforming transportation plan if one of the following
conditions applies:
1. For projects which are
required to be identified in the transportation plan in order to satisfy 310
CMR 60.03(7), the project is specifically included in the conforming
transportation plan and the project's design concept and scope have not changed
significantly from those which were described in the transportation plan, or in
a manner which would significantly impact use of the facility; or
2. For projects which are not required to be
specifically identified in the transportation plan, the project is identified
in the conforming transportation plan, or is consistent with the policies and
purpose of the transportation plan and will not interfere with other projects
specifically included in the transportation plan.
(c) A project is considered to be from a
conforming TIP if the following conditions are met:
1. The project is included in the conforming
TIP and the design concept and scope of the project were adequate at the time
of the TIP conformity determination to determine its contribution to the TIP's
regional emissions and have not changed significantly from those which were
described in the TIP, or in a manner which would significantly impact use of
the facility; and
2. If the TIP
describes a project design concept and scope which includes project-level
emissions mitigation or control measures, enforceable written commitments to
implement such measures shall be obtained from the project sponsor and/or
operator as required by 310 CMR 60.03(29)(a) in order for the project to be
considered to come from a conforming program. Any change in these mitigation or
control measures that would significantly reduce their effectiveness
constitutes a change in the design concept and scope of the project.
(16)
Localized CO and PM10
Violations (Hot Spots).
(a) During all periods FHWA/FTA projects
shall not cause or contribute to any new localized CO or
PM10 violations or increase the frequency or severity of
any existing CO or PM10 violations in CO or
PM10 nonattainment and maintenance areas. This criterion
is satisfied if it is demonstrated that no new local violations will be created
and the severity or number of existing violations will not be increased as a
result of the project.
(b) The
demonstration shall be performed according to the requirements of 310 CMR
60.03(6)(c)1.a. and (27).
(c) For
projects which are not of the type identified by 310 CMR 60.03(27)(a) or (d),
this criterion may be satisfied if consideration of local factors clearly
demonstrates that no local violations presently exist and no new local
violations will be created as a result of the project. Otherwise, in CO
nonattainment and maintenance areas, a quantitative demonstration shall be
performed according to the requirements of 310 CMR 60.03(27)(b).
(17)
Motor Vehicle
Emissions Budget (Transportation Plan).
(a) In order to be found in conformity, the
transportation plan shall be found consistent with the motor vehicle emissions
budget(s) in the SIP or SIP package submitted to EPA through a quantitative
demonstration. This criterion applies during the transitional period and the
control strategy and maintenance periods, except as provided in 310 CMR
60.03(31). This criterion may be satisfied if the requirements in 310 CMR
60.03(17)(b) and (c) are met:
(b) A
regional emissions analysis shall be performed as follows:
1. The regional analysis shall estimate
emissions of the following pollutants and pollutant precursors for which the
SIP or SIP package submitted to EPA establishes an emissions budget:
a. VOC as an ozone precursor;
b. NOx as an ozone
precursor, unless the EPA Administrator determines that additional reductions
of NOx would not contribute to attainment;
c. CO;
d. PM10 (and its
precursors VOC and/or NOx, if the SIP or SIP package submitted to EPA
identifies transportation-related precursor emissions within the nonattainment
area as a significant contributor to the PM10
nonattainment problem or establishes a budget for such emissions); or
e. NOx (in NO2
nonattainment or maintenance areas).
2. The regional emissions analysis shall
estimate emissions from the entire transportation system, including all
regionally significant projects contained in the transportation plan and all
other regionally significant highway and transit projects expected in the
nonattainment or maintenance area in the timeframe of the transportation
plan;
3. The emissions analysis
methodology shall meet the requirements of 310 CMR 60.03(26);
4. For areas with a transportation plan that
meets the content requirements of 310 CMR 60.03(7)(a), the emissions analysis
shall be performed for each horizon year. Emissions in milestone years which
are between the horizon years may be determined by interpolation; and
5. For areas with a transportation plan that
does not meet the content requirements of 310 CMR 60.03(7)(a), the emissions
analysis shall be performed for any years in the time span of the
transportation plan provided they are not more than ten years apart and
provided the analysis is performed for the last year of the plan's forecast
period. If the attainment year is in the time span of the transportation plan,
the emissions analysis shall also be performed for the attainment year.
Emissions in milestone years which are between these analysis years may be
determined by interpolation.
(c) The regional emissions analysis shall
demonstrate that for each of the applicable pollutants or pollutant precursors
in 310 CMR 60.03(17)(b)1. the emissions are less than or equal to the motor
vehicle emissions budget as established in the SIP or SIP package submitted to
EPA as follows:
1. If the SIP or SIP package
submitted to EPA establishes emissions budgets for milestone years, emissions
in each milestone year are less than or equal to the motor vehicle emissions
budget established for that year;
2. For nonattainment areas, emissions in the
attainment year are less than or equal to the motor vehicle emissions budget
established in the SIP or SIP package submitted to EPA for that year;
3. For nonattainment areas, emissions in each
analysis or horizon year after the attainment year are less than or equal to
the motor vehicle emissions budget established by the SIP or SIP submission for
the attainment year. If emissions budgets are established for years after the
attainment year, emissions in each analysis year or horizon year shall be less
than or equal to the motor vehicle emissions budget for that year, if any, or
the motor vehicle emissions budget for the most recent budget year prior to the
analysis year or horizon year; and
4. For maintenance areas, emissions in each
analysis or horizon year are less than or equal to the motor vehicle emissions
budget established by the maintenance plan for that year, if any, or the
emissions budget for the most recent budget year prior to the analysis or
horizon year.
(18)
Motor Vehicle Emissions
Budget (TIP).
(a) In order to be
found in conformity, the TIP shall be found consistent with the motor vehicle
emissions budget(s) in the SIP or SIP package submitted to EPA through a
quantitative demonstration. This criterion applies during the transitional
period and the control strategy and maintenance periods. This criterion may be
satisfied if the requirements in 310 CMR 60.03(18)(b) and (c) are
met:
(b) For areas with a
conforming transportation plan that fully meets the content requirements of 310
CMR 60.03(7)(a), this criterion may be satisfied without additional regional
analysis if:
1. Each program year of the TIP
is consistent with the Federal funding which may be reasonably expected for
that year, and required State/local matching funds and funds for State/local
funding-only projects are consistent with the revenue sources expected over the
same period; and
2. The TIP is
consistent with the conforming transportation plan such that the regional
emissions analysis already performed for the plan applies to the TIP also. This
requires a demonstration that:
a. The TIP
contains all projects which shall be started in the TIP's timeframe in order to
achieve the highway and transit system envisioned by the transportation plan in
each of its horizon years;
b. All
TIP projects which are regionally significant are part of the specific highway
or transit system envisioned in the transportation plan's horizon years;
and
c. The design concept and scope
of each regionally significant project in the TIP is not significantly
different from that described in the transportation plan.
3. If the requirements in 310 CMR
60.03(18)(b)1. and 2. are not met, then:
a.
The TIP may be modified to meet those requirements; or
b. The transportation plan shall be revised
so that the requirements in 310 CMR 60.03(18)(b)1. and 2. are met. Once the
revised plan has been found to conform, this criterion is met for the TIP with
no additional analysis required except a demonstration that the TIP meets the
requirements of 310 CMR 60.03(18)(b)1. and 2.
(c) For areas with a transportation plan that
does not meet the content requirements of 310 CMR 60.03(7)(a), a regional
emissions analysis shall meet all of the following requirements:
1. The regional emissions analysis shall
estimate emissions from the entire transportation system, including all
projects contained in the proposed TIP, the transportation plan, and all other
regionally significant highway and transit projects expected in the
nonattainment or maintenance area in the timeframe of the transportation
plan;
2. The analysis methodology
shall meet the requirements of 310 CMR 60.03(26)(c); and
3. The regional analysis shall satisfy the
requirements of 310 CMR 60.03(17)(b)1.,5., and (c).
(19)
Motor Vehicle
Emissions Budget (Project not from a Plan and TIP).
(a) In order to be found in conformity, a
project which is not from a conforming transportation plan and a conforming TIP
shall be found consistent with the motor vehicle emissions budget(s) in the SIP
or SIP package submitted to EPA through a quantitative demonstration. This
criterion applies during the transitional period and the control strategy and
maintenance periods. It is satisfied if emissions from the implementation of
the project, when considered with the emissions from the projects in the
conforming transportation plan and TIP and all other regionally significant
projects expected in the area, do not exceed the motor vehicle emissions
budget(s) in the SIP or SIP package submitted to EPA.
(b) For areas with a conforming
transportation plan that meets the content requirements of 310 CMR 60.03(7)(a):
1. This criterion may be satisfied without
additional regional analysis if the project is included in the conforming
transportation plan, even if it is not specifically included in the latest
conforming TIP. This requires a demonstration that:
a. Allocating funds to the project will not
delay the implementation of projects in the transportation plan or TIP which
are necessary to achieve the highway and transit system envisioned by the
transportation plan in each of its horizon years;
b. The project is not regionally significant
or is part of the specific highway or transit system envisioned in the
transportation plan's horizon years; and
c. The design concept and scope of the
project is not significantly different from that described in the
transportation plan.
2.
If the requirements in 310 CMR 60.03(19)(b)1. are not met, a regional emissions
analysis shall be performed as follows:
a. The
analysis methodology shall meet the requirements of 310 CMR
60.03(26);
b. The analysis shall
estimate emissions from the transportation system, including the proposed
project and all other regionally significant projects expected in the
nonattainment or maintenance area in the timeframe of the transportation plan.
The analysis shall include emissions from all previously approved projects
which were not from a transportation plan and TIP; and
c. The emissions analysis shall meet the
requirements of 310 CMR 60.03(17)(b)1.,4., and (c).
(c) For areas with a
transportation plan that does not meet the content requirements of 310 CMR
60.03(7)(a), a regional emissions analysis shall be performed for the project
together with the conforming TIP and all other regionally significant projects
expected in the nonattainment or maintenance area. This criterion may be
satisfied if:
1. The analysis methodology
meets the requirements of 310 CMR 60.03(26)(c);
2. The analysis estimates emissions from the
transportation system, including the proposed project, and all other regionally
significant projects expected in the nonattainment or maintenance area in the
timeframe of the transportation plan; and
3. The regional analysis satisfies the
requirements of 310 CMR 60.03(17)(b)1.,5., and (c).
(20)
Localized CO
Violations (Hot Spots) in the Interim and Transitional Periods.
(a) Each FHWA/FTA project shall eliminate or
reduce the severity and number of localized CO violations in the area
substantially affected by the project in CO nonattainment areas. This criterion
applies during the interim and transitional periods only. This criterion is
satisfied with respect to existing localized CO violations if it is
demonstrated that existing localized CO violations will be eliminated or
reduced in severity and number as a result of the project.
(b) The demonstration shall be performed
according to the requirements of 310 CMR 60.03(6)(c)1.a. and (27).
(c) For projects which are not of the type
identified by 310 CMR 60.03(27)(a), this criterion may be satisfied if
consideration of local factors clearly demonstrates that existing CO violations
will be eliminated or reduced in severity and number. Otherwise, a quantitative
demonstration shall be performed according to the requirements of 310 CMR
60.03(27)(b).
(d) The requirements
of 310 CMR 60.03(20) shall lapse upon EPA approval of the control strategy SIP
revision.
(21)
Reductions in Ozone and CO Areas in the Interim and Transitional
Periods (Transportation Plan).
(a) A transportation plan shall contribute to
emissions reductions in ozone and CO nonattainment areas. This criterion
applies during the interim and transitional periods only. It applies to the net
effect on emissions of all projects contained in a new or revised
transportation plan. This criterion may be satisfied if a regional emissions
analysis is performed as described in 310 CMR 60.03(21)(b) through
(f).
(b) The analysis years for
which emissions are to be estimated shall be no more than ten years apart. The
first analysis year shall be no later than the first SIP milestone year (1995
for CO nonattainment areas and 1996 for ozone nonattainment areas). The second
analysis year shall be either the attainment year for the area (1996 for
moderate CO nonattainment areas and 1999 for serious ozone nonattainment
areas), or if the attainment year is the same as the first analysis year or
earlier, the second analysis year shall be at least five years beyond the first
analysis year. The last year of the transportation plan's forecast period shall
also be an analysis year.
(c) The
"Baseline" scenario for each of the analysis years is defined to be the future
transportation system that would result from current programs, composed of the
following (except that projects listed in 310 CMR 60.03(30) and (31) need not
be explicitly considered):
1. All in-place
regionally significant highway and transit facilities, services and
activities;
2. All ongoing travel
demand management or transportation system management activities; and
3. Completion of all regionally significant
projects, regardless of funding source, which are currently under construction
or are undergoing right-of-way acquisition (except for hardship acquisition and
protective buying); come from the first three years of the previously
conforming transportation plan and/or TIP; or have completed the NEPA process.
(For the first conformity determination on the transportation plan after
November 24,1993, a project may not be included in the "Baseline" scenario if
one of the following major steps has not occurred within the past three years:
NEPA process completion; start of final design; acquisition of a significant
portion of the right-of-way; or approval of the plans, specifications and
estimates. Such a project shall be included in the "Action" scenario, as
described in 310 CMR 60.03(21)(d).)
(d) The "Action" scenario for each of the
analysis years shall be defined as the transportation system that will result
in that year from the implementation of the proposed transportation plan, TIPs
adopted under it, and other expected regionally significant projects in the
nonattainment area. It will include the following (except that projects listed
in 310 CMR 60.03(30) and (31) need not be explicitly considered):
1. All facilities, services, and activities
in the "Baseline" scenario;
2.
Completion of all TCMs and regionally significant projects (including
facilities, services, and activities) specifically identified in the proposed
transportation plan which will be operational or in effect in the analysis
year, except that regulatory TCMs may not be assumed to begin at a future time
unless the regulation is already adopted by the enforcing jurisdiction or the
TCM is identified in the SIP;
3.
All travel demand management programs and transportation system management
activities known to the MPO, but not included in the SIP or utilizing any
Federal funding or approval, which have been fully adopted and/or funded by the
enforcing jurisdiction or sponsoring agency since the last conformity
determination on the transportation plan;
4. The incremental effects of any travel
demand management programs and transportation system management activities
known to the MPO, but not included in the SIP or utilizing any Federal funding
or approval, which were adopted and/or funded prior to the date of the last
conformity determination on the transportation plan, but which have been
modified since then to be more stringent or effective;
5. Completion of all expected regionally
significant highway and transit projects which are not from a conforming
transportation plan and TIP; and
6.
Completion of all expected regionally significant non-FHWA/FTA highway and
transit projects that have clear funding sources and commitments leading toward
their implementation and completion by the analysis year.
(e) Estimate the emissions predicted to
result in each analysis year from travel on the transportation systems defined
by the "Baseline" and "Action" scenarios and determine the difference in
regional VOC and NOx emissions (unless the Administrator
determines that additional reductions of NOx would not
contribute to attainment) between the two scenarios for ozone nonattainment
areas and the difference in CO emissions between the two scenarios for CO
nonattainment areas. The analysis shall be performed for each of the analysis
years according to the requirements of 310 CMR 60.03(26). Emissions in
milestone years which are between the analysis years may be determined by
interpolation.
(f) This criterion
is met if the regional VOC and NOx emissions (for ozone
nonattainment areas) and CO emissions (for CO nonattainment areas) predicted in
the "Action" scenario are less than the emissions predicted from the "Baseline"
scenario in each analysis year, and if this can reasonably be expected to be
true in the periods between the first milestone year and the analysis years.
The regional analysis shall show that the "Action" scenario contributes to a
reduction in emissions from the 1990 emissions by any nonzero amount.
(g) The requirements of 310 CMR 60.03(21)
shall lapse upon EPA approval of the control strategy SIP revision.
(22)
Reductions in
Ozone and CO Areas in the Interim and Transitional Periods (TIP).
(a) A TIP shall contribute to emissions
reductions in ozone and CO nonattainment areas. This criterion applies during
the interim and transitional periods only. It applies to the net effect on
emissions of all projects contained in a new or revised TIP. This criterion may
be satisfied if a regional emissions analysis is performed as described in 310
CMR 60.03(22)(b) through (f).
(b)
Determine the analysis years for which emissions are to be estimated. The first
analysis year shall be no later than the first milestone year (1995 in CO
nonattainment areas and 1996 in ozone nonattainment areas). The analysis years
shall be no more than ten years apart. The second analysis year shall be either
the attainment year for the area (1996 for moderate CO nonattainment areas and
1999 for serious ozone nonattainment areas), or if the attainment year is the
same as the first analysis year or earlier, the second analysis year shall be
at least five years beyond the first analysis year. The last year of the
transportation plan's forecast period shall also be an analysis year.
(c) The "Baseline" scenario is defined as the
future transportation system that would result from current programs, composed
of the following (except that projects listed in 310 CMR 60.03(30) and (31)
need not be explicitly considered):
1. All
in-place regionally significant highway and transit facilities, services and
activities;
2. All ongoing travel
demand management or transportation system management activities; and
3. Completion of all regionally significant
projects, regardless of funding source, which are currently under construction
or are undergoing right-of-way acquisition (except for hardship acquisition and
protective buying); come from the first three years of the previously
conforming TIP; or have completed the NEPA process. (For the first conformity
determination on the TIP after November 24,1993, a project may not be included
in the "Baseline" scenario if one of the following major steps has not occurred
within the past three years: NEPA process completion; start of final design;
acquisition of a significant portion of the right-of-way; or approval of the
plans, specifications and estimates. Such a project shall be included in the
"Action" scenario, as described in 310 CMR 60.03(22)(d).)
(d) Define the "Action" scenario as the
future transportation system that will result from the implementation of the
proposed TIP and other expected regionally significant projects in the
nonattainment area in the timeframe of the transportation plan. It will include
the following (except that projects listed in 310 CMR 60.03(30) and (31) need
not be explicitly considered):
1. All
facilities, services, and activities in the "Baseline" scenario;
2. Completion of all TCMs and regionally
significant projects (including facilities, services, and activities) included
in the proposed TIP, except that regulatory TCMs may not be assumed to begin at
a future time unless the regulation is already adopted by the enforcing
jurisdiction or the TCM is contained in the SIP;
3. All travel demand management programs and
transportation system management activities known to the MPO, but not included
in the SIP or utilizing any Federal funding or approval, which have been fully
adopted and/or funded by the enforcing jurisdiction or sponsoring agency since
the last conformity determination on the TIP;
4. The incremental effects of any travel
demand management programs and transportation system management activities
known to the MPO, but not included in the SIP or utilizing any Federal funding
or approval, which were adopted and/or funded prior to the date of the last
conformity determination on the TIP, but which have been modified since then to
be more stringent or effective;
5.
Completion of all expected regionally significant highway and transit projects
which are not from a conforming transportation plan and TIP; and
6. Completion of all expected regionally
significant non-FHWA/FTA highway and transit projects that have clear funding
sources and commitments leading toward their implementation and completion by
the analysis year.
(e)
Estimate the emissions predicted to result in each analysis year from travel on
the transportation systems defined by the "Baseline" and "Action" scenarios,
and determine the difference in regional VOC and NOx emissions (unless the
Administrator determines that additional reductions of
NOx would not contribute to attainment) between the two
scenarios for ozone nonattainment areas and the difference in CO emissions
between the two scenarios for CO nonattainment areas. The analysis shall be
performed for each of the analysis years according to the requirements of 310
CMR 60.03(26). Emissions in milestone years which are between analysis years
may be determined by interpolation.
(f) This criterion is met if the regional VOC
and NOx emissions in ozone nonattainment areas and CO
emissions in CO nonattainment areas predicted in the "Action" scenario are less
than the emissions predicted from the "Baseline" scenario in each analysis
year, and if this can reasonably be expected to be true in the period between
the analysis years. The regional analysis shall show that the "Action" scenario
contributes to a reduction in emissions from the 1990 emissions by any nonzero
amount.
(g) The requirements of 310
CMR 60.03(22) shall lapse upon EPA approval of the control strategy SIP
revision.
(23)
Reductions for Ozone and CO Areas in the Interim and Transitional
Periods (Project not from a Plan and TIP).
(a) A Transportation project which is not
from a conforming transportation plan and TIP shall contribute to emissions
reductions in ozone and CO nonattainment areas. This criterion applies during
the interim and transitional periods only. This criterion is satisfied if a
regional emissions analysis is performed which meets the requirements of 310
CMR 60.03(21) and which includes the transportation plan and project in the
"Action" scenario. If the project which is not from a conforming transportation
plan and TIP is a modification of a project currently in the plan or TIP, the
"Baseline" scenario shall include the project with its original design concept
and scope, and the "Action" scenario shall include the project with its new
design concept and scope.
(b) The
requirements of 310 CMR 60.03(23)(b) shall lapse upon EPA approval of the
control strategy SIP revision.
(24)
Transition from the Interim
Period and Transitional Periods to the Control Strategy Period.
(a)
Areas which submit a control
strategy SIP revision after November 24,1993.
1. The transportation plan and TIP shall be
demonstrated to conform according to transitional period criteria and
procedures by one year from the date the Clean Air Act requires submission of
such control strategy SIP revision. Otherwise, the conformity status of the
transportation plan and TIP will lapse, and no new project-level conformity
determinations may be made.
a. The conformity
of new transportation plans and TIPs may be demonstrated according to interim
period criteria and procedures for 90 days following submission of the control
strategy SIP revision, provided the conformity of such transportation plans and
TIPs is redetermined according to transitional period criteria and procedures
as required in 310 CMR 60.03(24)(a)1.
b. Beginning 90 days after submission of the
control strategy SIP revision, new transportation plans and TIPs shall
demonstrate conformity according to transitional period criteria and
procedures.
2. If EPA
disapproves the submitted control strategy SIP revision and so notifies the
Commonwealth, MPO, and DOT, which initiates the sanction process under Clean
Air Act §§ 179 or 110(m), the conformity status of the transportation
plan and TIP shall lapse 120 days after EPA's disapproval, and no new
project-level conformity determinations may be made. No new transportation
plan, TIP, or project may be found to conform until another control strategy
SIP revision is submitted and conformity is demonstrated according to
transitional period criteria and procedures.
3. Notwithstanding 310 CMR 60.03(24)(a)2., if
EPA disapproves the submitted control strategy SIP revision but determines that
the control strategy contained in the revision would have been considered
approvable with respect to requirements for emission reductions if all
committed measures had been submitted in enforceable form as required by Clean
Air Act § 110(a)(2)(A), the provisions of 310 CMR 60.03(24)(a)1. shall
apply for 12 months following the date of disapproval. The conformity status of
the transportation plan and TIP shall lapse 12 months following the date of
disapproval unless another control strategy SIP revision is submitted to EPA
and found to be complete.
(b)
Areas which have not
submitted a control strategy SIP revision.
1. For areas whose Clean Air Act deadline for
submission of the control strategy SIP revision is after November 25,1993 and
EPA has notified the Commonwealth, MPO, and DOT of a failure to submit a
control strategy SIP revision, which initiates the sanction process under Clean
Air Act sections 179 or 110(m):
a. No new
transportation plans or TIPs may be found to conform beginning 120 days after
the Clean Air Act deadline; and
b.
The conformity status of the transportation plan and TIP shall lapse one year
after the Clean Air Act deadline, and no new project-level conformity
determinations may be made.
2. For areas whose Clean Air Act deadline for
submission of the control strategy SIP was before November 24,1993 and EPA has
made a finding of failure to submit a control strategy implementation plan
revision, which initiates the sanction process under Clean Air Act §§
179 or 110(m), the following applies unless the failure has been remedied and
acknowledged by a letter from the EPA Regional Administrator:
a. No new transportation plans or TIPs may be
found to conform beginning March 24,1994; and
b. The conformity status of the
transportation plan and TIP shall lapse November 25,1994, and no new
project-level conformity determinations may be made.
(c)
Areas Which Have
not Submitted a Complete Control Strategy SIP Revision.
1. For areas where EPA notifies the
Commonwealth, MPO, and DOT after November 24,1993 that the control strategy SIP
revision submitted by the State is incomplete, which initiates the sanction
process under Clean Air Act sections 179 or 110(m), the following applies
unless the failure has been remedied and acknowledged by a letter from the EPA
Regional Administrator:
a. No new
transportation plans or TIPs may be found to conform beginning 120 days after
EPA's incompleteness finding; and
b. The conformity status of the
transportation plan and TIP shall lapse one year after the Clean Air Act
deadline, and no new project-level conformity determinations may be
made.
c. Notwithstanding 310 CMR
60.03(24)(c)1.a. and b., if EPA notes in its incompleteness finding that the
submittal would have been considered complete with respect to requirements for
emission reductions if all committed measures had been submitted in enforceable
form as required by Clean Air Act §110(a)(2)(A), the provisions of 310 CMR
60.03(24)(a)1. shall apply for a period of 12 months following the date of the
incompleteness determination. The conformity status of the transportation plan
and TIP shall lapse 12 months following the date of the incompleteness
determination unless another control strategy SIP revision is submitted to EPA
and found to be complete.
2. For areas where EPA has determined before
November 24,1993 that the control strategy SIP revision is incomplete, which
initiates the sanction process under Clean Air Act sections 179 or 110(m), the
following apply unless the failure has been remedied and acknowledged by a
letter from the EPA Regional Administrator:
a.
No new transportation plans or TIPs may be found to conform beginning March
24,1994; and
b. The conformity
status of the transportation plan and TIP shall lapse November 24,1994, and no
new project-level conformity determinations may be made.
c. Notwithstanding 310 CMR 60.03(24)(c)2.i.
and ii., if EPA notes in its incompleteness finding that the submittal would
have been considered complete with respect to requirements for emission
reductions if all committed measures had been submitted in enforceable form as
required by Clean Air Act § 110(a)(2)(A), the provisions of 310 CMR
60.03(24)(d)1. shall apply for a period of 12 months following the date of the
incompleteness determination. The conformity status of the transportation plan
and TIP shall lapse 12 months following the date of the incompleteness
determination unless another control strategy SIP revision is submitted to EPA
and found to be complete.
(d)
Areas which submitted a
control strategy SIP before November 24,1993.
1. The transportation plan and TIP shall be
demonstrated to conform according to transitional period criteria and
procedures by November 24,1994. Otherwise, their conformity status will lapse,
and no new project-level conformity determinations may be made.
a. The conformity of new transportation plans
and TIPs may be demonstrated according to interim period criteria and
procedures until February 22,1994, provided the conformity of such
transportation plans and TIPs is redetermined according to transitional period
criteria and procedures as required in 310 CMR 60.03(24)(d)1.
b. Beginning February 22,1994, new
transportation plans and TIPs shall demonstrate conformity according to
transitional period criteria and procedures.
2. If EPA has disapproved the most recent
control strategy SIP submission, the conformity status of the transportation
plan and TIP shall lapse March 24,1994, and no new project-level conformity
determinations may be made. No new transportation plans, TIPs, or projects may
be found to conform until another control strategy SIP revision is submitted
and conformity is demonstrated according to transitional period criteria and
procedures.
3. Notwithstanding 310
CMR 60.03(24)(d)2., if EPA has disapproved the submitted control strategy SIP
revision but determines that the control strategy contained in the revision
would have been considered approvable with respect to requirements for emission
reductions if all committed measures had been submitted in enforceable form as
required by Clean Air Act § 110(a)(2)(A), the provisions of 310 CMR
60.03(24)(d)1. shall apply for 12 months following November 24,1993. The
conformity status of the transportation plan and TIP shall lapse 12 months
following November 24,1993 unless another control strategy SIP revision is
submitted to EPA and found to be complete.
(e)
Projects. If the
currently conforming transportation plan and TIP have not been demonstrated to
conform according to transitional period criteria and procedures, the
requirements of 310 CMR 60.03(24)(e)1. and 2. shall be met.
1. Before a FHWA/FTA project which is
regionally significant and increases single-occupant vehicle capacity (a new
general purpose highway on a new location or adding general purpose lanes) may
be found to conform, the Department shall be consulted in accordance with 310
CMR 60.03(6) on how the emissions which the existing transportation plan and
TIP's conformity determination estimates for the "Action" scenario (as required
by 310 CMR 60.03(21) through (23) and 310 CMR 60.03(34) through (36) compare to
the motor vehicle emissions budget in the SIP submission or the projected motor
vehicle emissions budget in the SIP under development.
2. In the event of unresolved issues on
project-level conformity determinations, the Department shall make a
project-level finding of non-concurrence with the SIP in writing to EPA and DOT
for further action.
(f)
Redetermination of Conformity of the Existing Transportation Plan
and TIP According to the Transitional Period Criteria and
Procedures.
1. The
redetermination of the conformity of the existing transportation plan and TIP
according to transitional period criteria and procedures (as required by 310
CMR 60.03(24)(a)1. and (d)1.) does not require new emissions analysis and does
not have to satisfy the requirements of 310 CMR 60.03(11) and (12) if:
a. The control strategy SIP revision
submitted to EPA uses the MPO's modeling of the existing transportation plan
and TIP for its projections of motor vehicle emissions; and
b. The control strategy SIP does not include
any transportation projects which are not included in the transportation plan
and TIP.
2. A
redetermination of conformity as described in 310 CMR 60.03(f)1. is not
considered a conformity determination for the purposes of 310 CMR 60.03(5)(c)4.
or (d)4. regarding the maximum intervals between conformity determinations.
Conformity shall be determined according to all the applicable criteria and
procedures of
310 CMR 60.00 within three
years of the last determination which did not rely on 310 CMR
60.03(24)(f)1.
(g)
Ozone nonattainment areas.
1. The requirements of 310 CMR 60.03(24)(b)1.
apply if a serious or above ozone nonattainment area has not submitted the SIP
revision required to be submitted to EPA by November 15,1994 under §§
182(c)(2)(A) and 182(c)(2)(B) of the Clean Air Act is not submitted, even if
the area has submitted the SIP revision which CAA § 182(b)(1) requires to
be submitted to EPA November 15,1993.
2. The requirements of 310 CMR 60.03(24)(b)1.
apply if a moderate ozone nonattainment area which is using photochemical
dispersion modeling to demonstrate the "specific annual reductions as necessary
to attain" required by the CAA § 182(b)(1), and which has permission from
EPA to delay submission of such demonstration until November 15,1994, does not
submit such demonstrations by that date. The requirements of 310 CMR
60.03(24)(b)1. apply in this case even if the area has submitted the 15%
emission reduction demonstration required by the CAA §
182(b)(1).
3. The requirements of
310 CMR 60.03(24)(a) apply when the SIP revisions required by CAA §§
182(c)(2)(A) and 182(c)(2)(B) are submitted.
(h)
Maintenance
plans. If a control strategy SIP revision is not submitted to EPA
but a maintenance plan required by Clean Air Act § 175A is submitted to
EPA, the requirements of 310 CMR 60.03(24)(a) or (d) apply, with the
maintenance plan submission treated as a "control strategy SIP revision" for
the purposes of those requirements.
(25)
Requirements for Adoption or
Approval of Projects by Recipients of Funds Designated under Title 23 U.S.C. or
the Federal Transit Act. No recipient of federal funds designated
under Title 23 U.S.C. or the Federal Transit Act shall adopt or approve a
regionally significant highway or transit project, regardless of funding
source, unless there is a currently conforming transportation plan and TIP
consistent with the requirements of 310 CMR 60.03(14) and the requirements of
310 CMR 60.03(25)(a) through (e) are met (Adopt or approve, for the purposes of
310 CMR 60.03(25), shall mean the point after which the review of project
alternatives has been completed and the project has been defined by the final
NEPA document or by the final MEPA environmental document and after which the
final project alternative for final design and construction have been
determined):
(a) The project comes from a
conforming transportation plan and TIP consistent with the requirements of 310
CMR 60.03(15);
(b) The project is
included in the regional emissions analysis supporting the currently conforming
TIP's conformity determination, even if the project is not strictly "included"
in the TIP for the purposes of MPO project selection or endorsement, and the
project's design concept and scope have not changed significantly from those
which were included in the regional emissions analysis, or in a manner which
would significantly impact use of the facility;
(c) During the control strategy or
maintenance period, the project is consistent with the motor vehicle emissions
budget(s) in the SIP consistent with the requirements of 310 CMR
60.03(19);
(d) During the interim
period, the project contributes to emissions reductions or does not increase
emissions consistent with the requirements of 310 CMR 60.03(23) (in ozone and
CO nonattainment areas) or 310 CMR 60.03(36) in PM10 and
NO2 nonattainment areas); or
(e) During the transitional period, the
project satisfies the requirements of both 310 CMR 60.03(25)(c) and
(d).
(26)
Procedures for Determining Regional Transportation-Related
Emissions.
(a)
General requirements.
1. The regional emissions analysis for the
transportation plan, TIP, or project not from a conforming plan and TIP shall
include all regionally significant projects expected in the nonattainment or
maintenance area, including FHWA/FTA projects proposed in the transportation
plan and TIP and all other regionally significant projects which are disclosed
to the MPO as required by 310 CMR 60.03(6). Projects which are not regionally
significant are not required to be explicitly modeled using the network-based
transportation demand model, but VMT and emissions from such projects shall be
estimated by the MPO in accordance with reasonable professional practice. The
effects of TCMs and similar projects that are not regionally significant may
also be estimated in accordance with reasonable professional
practice.
2. The emissions analysis
shall not include for emissions reduction credit any TCMs which have been
delayed beyond the scheduled date(s) until such time as implementation has been
assured. If the TCM has been partially implemented and it can be demonstrated
that it is providing quantifiable emission reduction benefits, the emissions
analysis may include that emissions reduction credit.
3. Emissions reduction credit from projects,
programs, or activities which require a regulation in order to be implemented
shall not be included in the emissions analysis unless the regulation is
already adopted by the enforcing jurisdiction. Adopted regulations are required
for demand management strategies for reducing emissions which are not
specifically identified in the SIP, and for control programs which are external
to the transportation system itself, such as tailpipe or evaporative emission
standards, limits on gasoline volatility, inspection and maintenance programs,
and oxygenated or reformulated gasoline or diesel fuel. A regulatory program
may also be considered to be adopted if an opt-in to a Federally enforced
program has been approved by EPA, if EPA has promulgated the program (if the
control program is a Federal responsibility, such as tailpipe standards), or if
the Clean Air Act requires the program without need for individual State action
and without any discretionary authority for EPA to set its stringency, delay
its effective date, or not implement the program.
4. Notwithstanding 310 CMR 60.03(26)(a)3.,
during the transitional period, control measures or programs which are
committed to in a SIP as described in 310 CMR 60.03(17) through (19), but which
has not received final EPA action in the form of a finding of incompleteness,
approval, or disapproval may be assumed for emission reduction credit for the
purpose of demonstrating that the requirements of 310 CMR 60.03(17) through
(19) are satisfied.
5. A regional
emissions analysis for the purpose of satisfying the requirements of 310 CMR
60.03(21) through (23) may account for the programs in 310 CMR 60.03(26)(a)4.,
but the same assumptions about these programs shall be used for both the
"Baseline" and "Action" scenarios.
(b) Serious, severe and extreme ozone
nonattainment areas and serious carbon monoxide areas after January 1,1995,
estimates of regional transportation-related emissions used to support
conformity determinations shall be made according to procedures which meet the
requirements in 310 CMR 60.03(26)(b)1. through 5.
1. A network-based transportation demand
model or models relating travel demand and transportation system performance to
land-use patterns, population demographics, employment, transportation
infrastructure, and transportation policies shall be used to estimate travel
within the metropolitan planning area of the nonattainment area. Such a model
shall possess the following attributes:
a. The
modeling methods and the functional relationships used in the model(s) shall in
all respects be in accordance with acceptable professional practice, and
reasonable for purposes of emission estimation;
b. The network-based model(s) shall be
validated against ground counts for a base year that is not more than ten years
prior to the date of the conformity determination. Land use, population, and
other inputs shall be based on the best available information and appropriate
to the validation base year;
c. For
peak-hour or peak-period traffic assignments, a capacity sensitive assignment
methodology shall be used;
d.
Zone-to-zone travel times used to distribute trips between origin and
destination pairs shall be in reasonable agreement with the travel times which
result from the process of assignment of trips to network links. Where use of
transit currently is anticipated to be a significant factor in satisfying
transportation demand, these times should also be used for modeling mode
splits;
e. Free-flow speeds on
network links shall be based on empirical observations;
f. Peak and off-peak travel demand and travel
times shall be provided;
g. Trip
distribution and mode choice shall be sensitive to pricing, where pricing is a
significant factor, if the network model is capable of such determinations and
the necessary information is available;
h. The model(s) shall utilize and document a
logical correspondence between the assumed scenario of land development and use
and the future transportation system for which emissions are being estimated.
Reliance on a formal land-use model is not specifically required but is
encouraged;
i. A dependence of trip
generation on the accessibility of destinations via the transportation network
(including pricing) is specifically required as soon as possible as the use of
such a network model becomes feasible and practicable. Such a model would
assess the impact of proposed transportation infrastructure changes on land use
pattern, and incorporate feedback from that assessment in calculating trip
generation rates, trip distribution and mode splits, and vehicle miles of
travel.
j. A dependence of regional
economic and population growth on the accessibility of destinations via the
transportation system is strongly encouraged but not specifically required,
unless the network model is capable of such determinations and the necessary
information is available; and
k.
Consideration of emissions increases from construction-related congestion is
not specifically required.
2. Highway Performance Monitoring System
(HPMS) estimates of vehicle miles traveled shall be considered the primary
measure of vehicle miles traveled within the portion of the nonattainment or
maintenance area and for the functional classes of roadways included in HPMS,
for urban areas which are sampled on a separate urban area basis. A factor (or
factors) shall be developed to reconcile and calibrate the network-based model
estimates of vehicle miles traveled in the base year of its validation to the
HPMS estimates for the same period, and these factors shall be applied to model
estimates of future vehicle miles traveled. In this factoring process,
consideration will be given to differences in the facility coverage of the HPMS
and the modeled network description. Departure from these procedures is
permitted with the concurrence of DOT and EPA.
3. Reasonable methods shall be used to
estimate nonattainment area vehicle travel on off-network roadways within the
urban transportation planning area, and on roadways outside the urban
transportation planning area.
4.
Reasonable methods in accordance with good practice shall be used to estimate
VMT and emissions from exempt projects not included in the network-based model
in accordance with 310 CMR 60.03(6)(c)1.g.
5. Reasonable methods in accordance with good
practice shall be used to estimate VMT and emissions from federal actions
reported to EOTC and the MPO in accordance with
310 CMR
60.04, "Criteria for Determining Conformity
of General Federal Actions".
6.
Reasonable methods in accordance with good practice shall be used to estimate
traffic speeds and delays in a manner that is sensitive to the estimated volume
of travel on each roadway segment represented in the network model.
7. Ambient temperatures shall be consistent
with those used to establish the motor vehicle emissions budget in the SIP.
Factors other than temperatures, for example the fraction of travel in a hot
stabilized engine mode, may be modified after interagency consultation
according to 310 CMR 60.03(6) if the newer estimates incorporate additional or
more geographically specific information or represent a logically estimated
trend in such factors beyond the period considered in the SIP.
(c)
Areas Which are
not Serious, severe, or Extreme Ozone Nonattainment Areas or Serious Carbon
Monoxide Areas, or Before January 1,1995.
1. Procedures which satisfy some or all of
the requirements of 310 CMR 60.03(26)(a) shall be used in all areas not subject
to 310 CMR 60.03(26)(a) in which those procedures have been the previous
practice of the MPO.
2. Regional
emissions may be estimated by methods which do not explicitly or
comprehensively account for the influence of land use and transportation
infrastructure on vehicle miles traveled and traffic speeds and congestion.
Such methods must account for VMT growth by extrapolating historical VMT or
projecting future VMT by considering growth in population and historical growth
trends for vehicle miles travelled per person. These methods must also consider
future economic activity, transit alternatives, and transportation system
policies.
(d)
Projects Not From a Conforming Plan and TIP in Isolated
Nonattainment and Maintenance Areas. 310 CMR 60.03(26)(d) applies
to any nonattainment or maintenance area or any portion thereof which does not
have a metropolitan transportation plan or TIP and whose projects are not part
of the emissions analysis of any MPO's metropolitan transportation plan or TIP
(because the nonattainment or maintenance area or portion thereof does not
contain a metropolitan planning area or portion of a metropolitan planning area
and is not part of a Metropolitan Statistical Area or Consolidated Metropolitan
Statistical Area which is or contains a nonattainment or maintenance area).
1. Conformity demonstrations for projects in
these areas may satisfy the requirements of 310 CMR 60.03(19),(23) and (36)
with one regional emissions analysis which includes all the regionally
significant projects in the nonattainment or maintenance area (or portion
thereof).
2. The requirements of
310 CMR 60.03(19) shall be satisfied according to the procedures in 310 CMR
60.03(19)(c), with references to the "transportation plan" taken to mean the
statewide transportation plan.
3.
The requirements of 310 CMR 60.03(23) and (36) which reference "transportation
plan" or "TIP" shall be taken to mean those projects in the statewide
transportation plan or statewide TIP which are in the nonattainment or
maintenance area (or portion thereof).
4. The requirement of 310 CMR 60.03(25)(b)
shall be satisfied if:
a. The project is
included in the regional emissions analysis which includes all regionally
significant highway and transportation projects in the nonattainment or
maintenance area (or portion thereof) and supports the most recent conformity
determination made according to the requirements of 310 CMR 60.03(19) or (23)
or (36) (as modified by 310 CMR 60.03(26)(d)2. and 3.), as appropriate for the
time period and pollutant; and
b.
The project's design concept and scope have not changed significantly from
those which were included in the regional emissions analysis, or in a manner
which would significantly impact use of the facility.
(e)
PM10
From
Construction-Related Fugitive Dust.
1. For areas in which the SIP does not
identify construction-related fugitive PM10 as a
contributor to the nonattainment problem, the fugitive
PM10 emissions associated with highway and transit
project construction are not required to be considered in the regional
emissions analysis.
2. In
PM10 nonattainment and maintenance areas with SIPs which
identify construction-related fugitive PM10 emissions as
a contributor to the nonattainment problem, the regional
PM10 emissions analysis shall consider
construction-related fugitive PM10 and shall account for
the level of construction activity, the fugitive PM10
control measures in the SIP and the dust-producing capacity of the proposed
activities.
(27)
Procedures for Determining
Localized CO Concentrations (Hot-Spot Analysis).
(a) In the following cases, CO hot-spot
analyses shall be based on the applicable air quality models, data bases, and
other requirements specified in 40 CFR part 51 Appendix W ("Guideline on Air
Quality Models (Revised)" (1988), supplement A (1987) and supplement B (1993),
EPA publication no. 450/2-78-027R), unless, after the interagency consultation
process described in 310 CMR 60.03(6) and with the approval of the EPA Regional
Administrator, these models, data bases, and other requirements are determined
to be inappropriate:
1. For projects in or
affecting locations, areas, or categories of sites which are identified in the
SIP as sites of current violation or possible current violation;
2. For those intersections at
Level-of-Service D, E, or F, or those that will change to Level-of-Service D,
E, or F because of increased traffic volumes related to a new project in the
vicinity;
3. For any project
involving or affecting any of the intersections which the SIP identifies as the
top three intersections in the nonattainment or maintenance area based on the
highest traffic volumes;
4. For any
project involving or affecting any of the intersections which the SIP
identifies as the top three intersections in the nonattainment or maintenance
area based on the worst Level-of-Service; and
5. Where use of the "Guideline" models is
practicable and reasonable given the potential for violations.
(b) In cases other than those
described in 310 CMR 60.03(27)(a), other quantitative methods may be used if
they represent reasonable and common professional practice.
(c) CO hot-spot analyses shall include the
entire project, and may be performed only after the major design features which
will significantly impact CO concentrations have been identified. The
background concentration 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.
(d) PM10 hot-spot
analysis must be performed for projects which are located as sites at which
violations have been verified by monitoring, and at sites which have
essentially identical vehicle and roadway emission and dispersion
characteristics (including sites near one at which a violation has been
monitored). The projects which require PM10 hot-spot
analysis shall be determined through the interagency consultation process
required in 310 CMR 60.03(6). In PM10 nonattainment and
maintenance areas, new or expanded bus and rail terminals and transfer points
which increase the number of diesel vehicles congregating at a single location
require hot-spot analysis. DOT may choose to make a categorical conformity
determination on bus and rail terminals or transfer points based on appropriate
modeling of various terminal sizes, configurations and activity levels. The
requirements of 310 CMR 60.03(27)(d) for quantitative hot-spot analysis will
not take effect until EPA releases modeling guidance on this subject and
announces that these requirements are in effect in the Federal
Register.
(e) Hot-spot
analysis assumptions shall be consistent with those in the regional emissions
analysis for those inputs which are required for both analyses.
(f) CO and PM10
mitigation or control measures shall be assumed in the hot-spot analysis only
where there are written commitments from the project sponsor and/or operator to
the implementation of such measures, as required by 310 CMR
60.03(29)(a).
(g) CO and
PM10 hot-spot analyses are not required to consider
construction-related activities which cause temporary increases in emissions.
Each site which is affected by construction-related activities shall be
considered separately, using established "Guideline" methods. Temporary
increases are defined as those which occur only during the construction phase
and last five years or less at any individual site.
(28)
Using the Motor Vehicle
Emissions Budget in the SIP.
(a)
In interpreting a SIP motor vehicle emissions budget(s), the MPO and DOT may
not infer additions to the budget(s) that are not explicitly intended by the
SIP or SIP submission. Unless the SIP explicitly quantifies the amount by which
motor vehicle emissions could be higher while still allowing a demonstration of
compliance with the milestone, attainment or maintenance requirement and
explicitly states an intent that some or all of this additional amount should
be available to the MPO and DOT in the emission budget for conformity purposes,
the MPO may not interpret the budget to be higher than the SIP's estimate of
future emissions. This applies in particular to the SIP which demonstrate that
after implementation of control measures in the SIP:
1. Emissions from all sources will be less
than the total emissions that would be consistent with a required demonstration
of an emissions reduction milestone;
2. Emissions from all sources will result in
achieving attainment prior to the attainment deadline and/or ambient
concentrations in the attainment deadline year will be lower than needed to
demonstrate attainment; or
3.
Emissions will be lower than needed to provide for continued
maintenance.
(b) A
conformity demonstration shall not trade emissions among budgets which the SIP
allocates for different pollutants or precursors, or among budgets allocated to
motor vehicles and other sources, without a SIP revision or a SIP which
establishes mechanisms for such trades.
(c) If the SIP estimates future emissions by
geographic subarea of the nonattainment area, the MPO and DOT are not required
to consider this to establish subarea budgets, unless the SIP explicitly
indicates an intent to create such subarea budgets for the purposes of
conformity.
(d) If a nonattainment
area includes more than one MPO, the SIP may establish motor vehicle emissions
budgets for each MPO, or else the MPOs shall collectively make a conformity
determination for the entire nonattainment area.
(29)
Enforceability of Design
Concept and Scope and Project-Level Mitigation and Control
Measures.
(a) Prior to
determining that a transportation project is in conformity, the MPO, other
recipient of funds designated under title 23 U.S.C. or the Federal Transit Act,
FHWA, or FTA shall obtain from the project sponsor and/or operator written
commitments to implement in the construction of the project and operation of
the resulting facility or service any project-level mitigation or control
measures which are identified as conditions for NEPA process completion with
respect to local CO or PM10 impacts. Before making
conformity determinations written commitments shall also be obtained for
project-level mitigation or control measures which are conditions for making
conformity determinations for a transportation plan or TIP and included in the
project design concept and scope which is used in the regional emissions
analysis required by 310 CMR 60.03(17) through (19) and (21) through (23) or
used in the project-level hot-spot analysis required by 310 CMR 60.03(16) and
(20).
(b) Project sponsors
voluntarily committing to mitigation measures to facilitate positive conformity
determinations shall comply with the obligations of such commitments.
(c) During the control strategy and
maintenance periods, if the MPO or project sponsor believes the mitigation or
control measure is no longer necessary for conformity, the project sponsor or
operator may be relieved of its obligation to implement the mitigation or
control measure if it can demonstrate that the requirements of 310 CMR
60.03(16),(17), and (18) are satisfied without the mitigation or control
measure, and so notifies the agencies involved in the interagency consultation
process required under 310 CMR 60.03(6). The MPO and DOT shall confirm that the
transportation plan and TIP still satisfy the requirements of 310 CMR 60.03(17)
and (18) and that the project still satisfies the requirements of 310 CMR
60.03(16), and therefore that the conformity determinations for the
transportation plan, TIP, and project are still valid.
(30)
Exempt
Projects. Notwithstanding the other requirements of 310 CMR 60.03,
highway and transit projects of the types listed in Table 2 are exempt from the
requirement that a conformity determination be made. Such projects may proceed
toward implementation even in the absence of a conforming transportation plan
and TIP. A particular action of the type listed in Table 2 is not exempt if the
MPO in consultation with other agencies (see310 CMR
60.03(6)(c)1. (viii), the EPA, the Department and the FHWA (in the case of a
highway project) or the FTA (in the case of a transit project) concur that it
has potentially adverse emissions impacts for any reason. States and MPOs shall
ensure that exempt projects do not interfere with TCM implementation.
Table 2. - Exempt Projects
|
SAFETY
|
|
Railroad/highway crossing
|
|
Hazard elimination program
|
|
Safer non-federal-aid system roads
|
|
Shoulder improvements
|
|
Increasing sight distance
|
|
Safety improvement program
|
|
Traffic control devices and operating assistance
other than signalization projects
|
|
Railroad/highway crossing warning devices
|
|
Guardrails, median barriers and crash cushions
|
|
Pavement resurfacing and/or rehabilitation
|
|
Pavement marking demonstration
|
|
Emergency relief (
23 U.S.C. 125
)
|
|
Fencing
|
|
Skid treatments
|
|
Safety roadside rest areas
|
|
Adding medians
|
|
Truck climbing lanes outside the urbanized
area
|
|
Lighting improvements
|
|
Widening narrow pavements or reconstructing bridges
(no additional travel lanes)
|
|
Emergency Truck pullovers
|
|
MASS TRANSIT
|
|
Operating assistance to transit agencies
|
|
Purchase of support vehicles
|
|
Rehabilitation of transit
vehicles4
|
|
Purchase of office, shop and operating equipment for
existing facilities
|
|
Purchase of operating equipment for vehicles (e.g.
radios, fareboxes, lifts, etc.)
|
|
Construction or renovation of power, signal and
communications systems
|
|
Construction of small passenger shelters and
information kiosks
|
|
Reconstruction or renovation of transit buildings and
structures (e.g., rail or bus buildings, storage and maintenance facilities,
stations terminals, and ancillary structures
|
|
Rehabilitation or reconstruction of track structures,
track and trackbed in existing rights-of-way
|
|
Purchase of new buses and rail cars to replace
existing vehicles or for minor expansions of the
fleet1
|
|
Construction of new bus or rail storage/maintenance
facilities categorically excluded in 23 CFR 771
|
|
AIR QUALITY
|
|
Continuation of ridesharing and vanpooling promotion
activities at current levels
|
|
Bicycle and pedestrian facilities
|
|
OTHER
|
|
Specific activities which do not involve or lead
directly to construction, such as: planning and technical studies grants for
training and research programs planning activities conducted pursuant to titles
23 and 49 U.S.C. federal-aid systems revisions
|
|
Engineering to assess social, economic and
environmental effects of the proposed action or alternatives to that
action
|
|
Noise attenuation
|
|
Advance land acquisitions ( 23 CFR 712 or 23 CFR 771
)
|
|
Acquisition of scenic easements
|
|
Plantings, landscaping, etc.
|
|
Sign removal
|
|
Directional and informational signs
|
4PM10
nonattainment or maintenance areas, such projects are exempt only if they are
in compliance with control measures in the SIP.
|
Transportation enhancement activities (except
rehabilitation and operation of historic transportation buildings, structures
or facilities
|
|
Repair of damage caused by natural disasters, civil
unrest, or terrorist acts, except projects involving substantial functional,
locational or capacity changes
|
(31)
Projects Exempt From Regional Emissions Analyses.
Notwithstanding the other requirements of 310 CMR 60.03(31), highway and
transit projects of the types listed in Table 3 are exempt from regional
emissions analysis requirements. The local effects of these projects with
respect to CO or PM10 concentrations shall be considered
to determine if a hot-spot analysis is required prior to making a project-level
conformity determination. These projects may then proceed to the project
development process even in the absence of a conforming transportation plan and
TIP. A particular action of the type listed in Table 3 is not exempt from
regional emissions analysis if the MPO in consultation with other agencies
(see310 CMR 60.03(31)(6)(c)1.h., the EPA, the Department and
the FHWA (in the case of a highway project) or the FTA (in the case of a
transit project) concur that it has potential regional impacts for any reason.
Table 3. - Projects Exempt From Regional Emissions
Analyses
|
Intersection channelization projects
|
|
Intersection signalization projects at individual
intersections
|
|
Interchange reconfiguration projects
|
|
Changes in vertical and horizontal alignment
|
|
Truck size and weight inspection stations
|
|
Bus terminals and transfer points
|
(32)
Criteria and Procedures for
PM10
and
NO2
Nonattainment
Areas. The requirements of 310 CMR 60.03(33) through (36) shall be
applicable only at such time that the Commonwealth of Massachusetts is
redesignated by EPA from a PM10 or
NO2 attainment area to a PM10 or
NO2 nonattainment area.
(33)
Compliance With
PM10
Control
Measures. The FHWA/FTA project shall comply with
PM10 control measures in the SIP. This criterion applies
during all periods. It is satisfied if control measures (for the purpose of
limiting PM10 emissions from the construction activities
and/or normal use and operation associated with the project) contained in the
SIP are included in the final plans, specifications, and estimates for the
project.
(34)
Reductions in PM10
and NO2
Areas in
the Interim and Transitional Periods (Transportation Plan).
(a) A transportation plan shall contribute to
emission reductions or shall not increase emissions in
PM10 and NO2 nonattainment areas.
This criterion applies only during the interim and transitional periods. It
applies to the net effect on emissions of all projects contained in a new or
revised transportation plan. This criterion may be satisfied if the
requirements of either 310 CMR 60.03(34)(b) or (c) are met.
(b) Demonstrate that implementation of the
plan and all other regionally significant projects expected in the
nonattainment area will contribute to reductions in emissions of
PM10 in a PM10 nonattainment area
(and of each transportation-related precursor of PM10 in
PM10 nonattainment areas if the EPA Regional
Administrator or the director of the State air agency has made a finding that
such precursor emissions from within the nonattainment area are a significant
contributor to the PM10 nonattainment problem and has so
notified the MPO and DOT) and of NOx in an
NO2 nonattainment area, by performing a regional
emissions analysis as follows:
1. Determine
the analysis years for which emissions are to be estimated. Analysis years
shall be no more than ten years apart. The first analysis year shall be no
later than 1996 (for NO2 areas) or four years and six
months following the date of designation (for PM10
areas). The second analysis year shall be either the attainment
year for the area, or if the attainment year is the same as the first analysis
year or earlier, the second analysis year shall be at least five years beyond
the first analysis year. The last year of the transportation plan's forecast
period shall also be an analysis year.
2. Define for each of the analysis years the
"Baseline" scenario, as defined in 310 CMR 60.03(21) (c), and the "Action"
scenario, as defined in 310 CMR 60.03(21)(d).
3. Estimate the emissions predicted to result
in each analysis year from travel on the transportation systems defined by the
"Baseline" and "Action" scenarios and determine the difference between the two
scenarios in regional PM10 emissions in a
PM10 nonattainment area (and transportation-related
precursors of PM10 in PM10
nonattainment areas if the EPA Regional Administrator or the director of the
State air agency has made a finding that such precursor emissions from within
the nonattainment area are a significant contributor to the
PM10 nonattainment problem and has so notified the MPO
and DOT) and in NOx emissions in an
NO2 nonattainment area. The analysis must be performed
for each of the analysis years according to the requirements of 310 CMR
60.03(26). The analysis must address the periods between the analysis years and
the periods between 1990, the first milestone year (if any), and the first of
the analysis years. Emissions in milestone years which are between the analysis
years may be determined by interpolation.
4. Demonstrate that the regional
PM10 emissions and PM10 precursor
emissions, where applicable, (for PM10 nonattainment
areas) and NOx emissions (for NO2
nonattainment areas) predicted in the 'Action' scenario are less than the
emissions predicted from the 'Baseline' scenario in each analysis year, and
that this can reasonably be expected to be true in the periods between the
first milestone year (if any) and the analysis years.
(c) Demonstrate that when the projects in the
transportation plan and all other regionally significant projects expected in
the nonattainment area are implemented, the transportation system's total
highway and transit emissions of PM10 in a
PM10 nonattainment area (and transportation-related
precursors of PM10 in PM10
nonattainment areas if the EPA Regional Administrator or the director of the
Air Division of the Department has made a finding that such precursor emissions
from within the nonattainment area are a significant contributor to the
PM10 nonattainment problem and has so notified the MPO
and DOT) and of NOx in an NO2
nonattainment area will not be greater than baseline levels, by performing a
regional emissions analysis as follows:
1.
Determine the baseline regional emissions of PM10 and
PM10 precursors, where applicable (for
PM10 nonattainment areas) and NOx
(for NO2 nonattainment areas) from highway and transit
sources. Baseline emissions are those estimated to have occurred during
calendar year 1990, unless the SIP revision required by § 51.396 of the
federal conformity rule defines the baseline emissions for a
PM10 area to be those occurring in a different calendar
year for which a baseline emissions inventory was developed for the purpose of
developing a control strategy implementation plan.
2. Estimate the emissions of the applicable
pollutant(s) from the entire transportation system, including projects in the
transportation plan and TIP and all other regionally significant projects in
the nonattainment area, according to the requirements of 310 CMR 60.03(26).
Emissions shall be estimated for analysis years which are no more than ten
years apart. The first analysis year shall be no later than 1996 (for
NO2 areas) or four years and six months following the
date of designation (for PM10 areas). The second
analysis year shall be either the attainment year for the area, or if the
attainment year is the same as the first analysis year or earlier, the second
analysis year shall be at least five years beyond the first analysis year. The
last year of the transportation plan's forecast period shall also be an
analysis year.
3. Demonstrate that
for each analysis year the emissions estimated in 310 CMR 60.03(34) (c)2. are
no greater than baseline emissions of PM10 and
PM10 precursors, where applicable (for
PM10 nonattainment areas) or NOx
(for NO2 nonattainment areas) from highway and transit
sources.
(35)
Reductions in PM10
and NO2
areas in
the interim and transitional periods (TIP).
(a) A TIP shall contribute to emission
reductions or shall not increase emissions in PM10 and
NO2 nonattainment areas. This criterion applies only
during the interim and transitional periods. It applies to the net effect on
emissions of all projects contained in a new or revised TIP. This criterion may
be satisfied if the requirements of either 310 CMR 60.03(35)(b) or (c) are
met.
(b) Demonstrate that
implementation of the plan and TIP and all other regionally significant
projects expected in the nonattainment area will contribute to reductions in
emissions of PM10 in a PM10
nonattainment area (and transportation-related precursors of
PM10 in PM10 nonattainment areas
if the EPA Regional Administrator or the director of the State air agency has
made a finding that such precursor emissions from within the nonattainment area
are a significant contributor to the PM10 nonattainment
problem and has so notified the MPO and DOT) and of NOx
in an NO2 nonattainment area, by performing a regional
emissions analysis as follows:
1. Determine
the analysis years for which emissions are to be estimated, according to the
requirements of 310 CMR 60.03(34)(b)1.
2. Define for each of the analysis years the
"Baseline" scenario, as defined in 310 CMR 60.03(22) (c), and the "Action"
scenario, as defined in 310 CMR 60.03(22)(d).
3. Estimate the emissions predicted to result
in each analysis year from travel on the transportation systems defined by the
"Baseline" and "Action" scenarios as required by 310 CMR 60.03(34) (b)3., and
make the demonstration required by 310 CMR 60.03(34)(b)4.
(c) Demonstrate that when the projects in the
transportation plan and TIP and all other regionally significant projects
expected in the area are implemented, the transportation system's total highway
and transit emissions of PM10 in a
PM10 nonattainment area (and transportation-related
precursors of PM10 in PM10
nonattainment areas if the EPA Regional Administrator or the director of the
State air agency has made a finding that such precursor emissions from within
the nonattainment area are a significant contributor to the PM10
nonattainment problem and has so notified the MPO and DOT) and of
NOx in an NO2 nonattainment area
will not be greater than baseline levels, by performing a regional emissions
analysis as required by 310 CMR 60.03(34)(c)1. through 3.
(36)
Reductions in
PM10
and
NO2
areas in the interim and
transitional periods (project not from a plan and TIP). A
transportation project which is not from a conforming transportation plan and
TIP shall contribute to emission reductions or shall not increase emissions in
PM10 and NO2 nonattainment areas.
This criterion applies during the interim and transitional periods only. This
criterion is met if a regional emissions analysis is performed which meets the
requirements of 310 CMR 60.03(34) and which includes the transportation plan
and project in the 'Action' scenario. If the project which is not from a
conforming transportation plan and TIP is a modification of a project currently
in the transportation plan or TIP, and 310 CMR 60.03(34)(b) is used to
demonstrate satisfaction of this criterion, the 'Baseline' scenario shall
include the project with its original design concept and scope, and the
'Action' scenario must include the project with its new design concept and
scope.
