Current through Register 1531, September 27, 2024
(1)
Purpose Scope and
Authority. 310 CMR 60.05 is promulgated pursuant to M.G.L. c. 21N,
§ 3(d) and is also promulgated pursuant to M.G.L. c. 21A, §§ 2,
8 and 16, and M.G.L. c. 111, §§ 2C and 142A through 142M, to prevent
and abate conditions of air pollution from the greenhouse gas emissions from
the mobile sources specified in 310 CMR 60.05. The purpose of 310 CMR 60.05 is
to assist the Commonwealth in achieving the GHG emissions reduction goals
adopted pursuant to M.G.L. c. 21N, § (3)(b) and to establish an annually
declining aggregate GHG emissions limit pursuant to M.G.L. c. 21N, § 3(d),
by:
(a) Requiring MassDOT to demonstrate its
aggregate MassDOT GHG emissions reduction limits as established in 310 CMR
60.05(6) are achieved;
(b)
Requiring the MPOs to evaluate and report the aggregate transportation GHG
emissions impacts of Regional Transportation Plans (RTPs), and Transportation
Improvement Programs (TIPs);
(c)
Requiring the MPOs, in consultation with MassDOT, to develop and utilize
procedures to prioritize and select projects in RTPs and TIPs based on factors
that include aggregate transportation GHG emissions impacts; and
(d) Requiring MassDOT to evaluate and report
the aggregate transportation GHG emissions impacts of State Transportation
Improvement Programs (STIPs) and state-funded projects that are not included in
STIPs.
(2)
Definitions.
Aggregate Transportation GHG Emissions
means total GHG emissions estimated by MassDOT, in collaboration with the
Department, from the multimodal surface transportation system and its
facilities including the highway and transit networks.
Aggregate MassDOT GHG Emissions means
total GHG emissions estimated by MassDOT as occurring from the combustion of
fuels in mobile equipment owned by MassDOT and the MBTA and of heating fuels at
MassDOT and MBTA facilities.
Appropriate Planning Assumptions means
the data, models, and expectations about future year conditions that serve as
inputs to forecasting models used for estimating future year GHG emissions.
This shall include best assumptions about future land use, transportation
system condition and operations, and travel costs.
Build Condition means transportation
facilities and projects that have a reasonable expectation of being open and
operating by the end of applicable milestone and horizon years
(e.g., 2020, 2030, 2035, and 2040, as appropriate).
Consultation means 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.
Department means the Massachusetts
Department of Environmental Protection.
EOEEA means the Massachusetts
Executive Office of Energy and Environmental Affairs.
Greenhouse Gas (GHG) Emissions means,
for the purposes of 310 CMR 60.05, carbon dioxide
(CO2).
Horizon Year means a year for which
the transportation plan describes the envisioned transportation system.
MassDOT means the Massachusetts
Department of Transportation.
Metropolitan Planning Organizations
(MPOs) means the Massachusetts organizations 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. §§ 5301 through
5340. It is the forum for cooperative transportation decision-making. For the
purposes of 310 CMR 60.05, 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. §§ 5301 through
5340 shall be subject to the same requirements as MPOs under 310 CMR
60.05.
No-build Condition means existing
transportation facilities plus those projects that are under construction, have
been advertised, or have been included in the first year of the RTPs, TIPs or
STTPs.
Regional Planning Agencies (RPA) means
one of the 13 Massachusetts commissions, councils, or councils of government
authorized to be formed under M.G.L. c. 40B.
Regional Transit Authority (RTA) means
one of the 16 Massachusetts regional transit authorities including the
Massachusetts Bay Transportation Authority (MBTA).
Regional Transportation Plan (RTP)
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.
Statewide Transportation Improvement Program
(STIP) means the compilation of the 13 regional TIPs prepared
annually by MassDOT and includes a listing of priority transportation projects
(highway and transit) listed by funding category and fiscal year.
Transportation GHG Emissions Impact
means an increase or decrease of GHG emissions from the combustion of fuels in
vehicles traveling on roadways in Massachusetts.
Transportation Improvement Program
(TIP) means a staged, multiyear, intermodal program of
transportation projects covering a metropolitan planning area which is
consistent with the regional transportation plan, and developed pursuant to 23
CFR Part 450.
(3)
Applicability.
(a)
General. The provisions of 310 CMR 60.05 shall apply
to MassDOT, MPOs, RTAs, the Department and EOEEA.
(4)
Effective Dates.
(a) MassDOT and the MPOs shall apply the
requirements of 310 CMR 60.05(5) to RTPs, TIPs, and STIPs effective October 1,
2015, with the start of federal fiscal year 2016. In keeping with this
effective date, the GHG emission analysis shall be included in the RTPs, TIPs,
and STIPs that are due on September 30,2015, and in each subsequent version of
these documents.
(b)310 CMR
60.05(6) and (7) shall apply to MassDOT beginning in calendar year
2018.
(5)
General Requirements for Transportation Planning and
Investment.
(a) The MPOs shall:
1. Evaluate and report the aggregate
transportation GHG emissions impacts of RTPs and TIPs.
2. In consultation with MassDOT, develop and
utilize procedures to prioritize and select projects in RTPs and TIPs based on
factors that include aggregate transportation GHG emissions impacts.
3. Quantify net transportation GHG emissions
impacts resulting from the projects in RTPs and TIPs and certify in a statement
included with RTPs and TIPs pursuant to 23 CFR Part 450 that the MPO has made
efforts to minimize aggregate transportation GHG emissions impacts.
4. Determine in consultation with the RPA
that the appropriate planning assumptions used for transportation GHG emissions
modeling are consistent with local land use policies, or that local authorities
have made documented and credible commitments to establishing such
consistency.
(b) MassDOT
shall evaluate and report the transportation GHG emissions impacts of STIPs and
state-funded projects that are not included in STIPs.
(c) Prior to adoption and approval of RTPs
and TIPs by MPOs and STIPs by MassDOT, MassDOT shall:
1. Determine that the MPOs have adopted and
implemented procedures to prioritize and select projects in the RTPs and TIPs
based on factors that include aggregate transportation GHG emissions
impacts.
2. Calculate the net GHG
transportation emission reductions achieved through implementation of the
projects and programs included in RTPs, TIPs, STIPs, and state-funded projects
that are not included in STIPs.
3.
Determine in consultation with the RPAs that the appropriate planning
assumptions used for transportation GHG emissions modeling are consistent with
existing local land use policies, or that local authorities have made
documented and credible commitments to establishing such consistency.
(d) MassDOT shall certify that the
requirements of 310 CMR 60.05(5)(a) through (c) have been met in a statement
included with the endorsed RTPs, TIPs, and STIPs pursuant to 23 CFR Part
450.
(6)
Requirements for Aggregate MassDOT GHG Emissions.
(a) MassDOT shall:
1. Quantify aggregate MassDOT GHG emissions
annually to demonstrate whether the aggregate emissions limits in Table 310 CMR
60.05(6) have been achieved.
2.
Report to the Department, by March 1, 2019, March 1, 2020 and March 1, 2021,
aggregate MassDOT GHG emissions for the prior calendar year, in an electronic
format specified by the Department.
3. The March 1st
report shall address any exceedance of the limits in 310 CMR 60.05(6):
Table, in consultation with the Department, through
supplemental measures proposed in the March 1st
report, including an estimate of the emission reductions expected from each
supplemental measure and the implementation status and schedule of each
supplemental measure listed in a March 1st report,
until the supplemental measure is complete.
310 CMR 60.05(6): Table
|
Maximum Annual Aggregate MassDOT GHG Emissions
|
|
Calendar Year
|
Maximum Allowable Aggregate MassDOT GHG Emissions
(million metric tons of CO2)
|
|
2018
|
0.303
|
|
2019
|
0.298
|
|
2020
|
0.293
|
(b) Supplemental measures taken by MassDOT
may include, but are not limited to, the following:
1. Decrease vehicle miles travelled within
the MBTA and MassDOT fleet;
2.
Promote Transportation Demand Management;
3. Increase plug-in and plug-in hybrid
electric vehicle use within the MBTA and MassDOT fleet;
4. Promote plug-in and plug-in hybrid
electric vehicle use by motorists;
5. Increase energy efficiency of MBTA and
MassDOT facilities; and
6. Increase
the use of renewable energy at MBTA and MassDOT facilities.
(7)
General
Requirements for Determining Aggregate Transportation GHG Emissions in the
Transportation Planning Process.
(a) MassDOT shall:
1. Quantify aggregate transportation GHG
emissions annually to demonstrate whether the aggregate emissions targets in
310 CMR 60.05(7): Table have been achieved.
2. Report to the Department, by July 1, 2019,
July 1, 2020 and July 1, 2021, aggregate transportation GHG emissions for the
prior calendar year, in an electronic format specified by the Department.
310 CMR 60.05(7): Table
|
Maximum Annual Aggregate Transportation GHG
Emissions
|
|
Calendar Year
|
Maximum Allowable Aggregate Transportation GHG
Emissions (million metric tons of CO2)
|
|
2018
|
24.582
|
|
2019
|
24.122
|
|
2020
|
23.682
|
(8)
Interagency
Consultation
(a)
Agency Responsibilities.
1.
MassDOT.
a. Coordinates overall consultation process
for evaluation of aggregate transportation GHG emissions impacts of RTPs, TIPs,
and STIPs;
b. Provides guidance and
assistance to MPOs in assessing aggregate transportation GHG emissions impacts
of RTPs, TIPs, and STIPs and projects included in the plans, as appropriate,
including guidance on modeling and aggregate transportation GHG emissions
impact calculation methods and prioritizing and selecting projects based on
factors that include transportation GHG emissions impacts;
c. Reviews MPO RTPs and TIPs, and aggregate
transportation GHG emission analysis for acceptability and content and
coordinates submittal to the Department within 30 days of endorsement for the
Department's review; and
d. At the
request of the Department, models and projects aggregate transportation GHG
emissions using appropriate planning assumptions for the horizon years
modeled.
2.
Metropolitan Planning Organizations (MPOs).
a. Develop RTPs and TIPs;
b. Ensure that RPAs are using appropriate
planning assumptions;
c. Perform
regional aggregate transportation GHG emissions impact analysis of RTPs and
TIPs;
d. Calculate aggregate
transportation GHG emissions impacts for RTPs and TIPs; and
e. Develop public consultation procedures for
aggregate transportation GHG emissions impact reporting and related GWSA
requirement consistent with current and approved regional public participation
plans.
3.
RTAs.
a. Conduct
comprehensive service reviews (CSRs);
b. Identify service enhancements to increase
passenger ridership;
c. Identify
vehicle technology and operational improvements that can reduce aggregate
transportation GHG emissions; and
d. Work within the MPO process to prioritize
and fund GHG reduction projects and investments.
4.
Department of Environmental
Protection.
a. Provides MassDOT
and the MPOs with mobile source inputs for emissions analysis of RTPs, TIPs,
STIPs, and projects included in these plans;
b. Reviews of RTPs, TIPs, STIPs, and
projects; and
c. Provides comments
to MassDOT and MPO's on aggregate transportation GHG emissions reduction
projects and projections, including supplemental projects.
5.
Executive Office of Energy and
Environmental Affairs (EOEEA).
a. Provides MassDOT with user access to
software tracking tools and training, and support as needed for MassDOT users;
and
b. Provides comments to the
Department and MassDOT on progress, including deficiencies and areas of concern
regarding aggregate transportation GHG emission reductions.
(b)
Agency
Consultation.
1. Prior to such
time that aggregate transportation GHG emission impact analysis of RTPs, TIPs,
STIPs and projects included in these plans is performed, or at the request of
an involved agency, MassDOT shall convene a consultation meeting(s) or conduct
similar electronic correspondence with representatives from the MPOs, RTAs,
RPAs, EOEEA, and the Department. Prior to convening any consultation
meeting(s), MassDOT shall circulate a meeting agenda to the involved agencies.
The specific purposes of the state agency consultation meeting(s) and/or
correspondence are to:
a. Determine
appropriate emissions analysis models and/or other analysis techniques,
including consulting on model development and assessing project design factors
for modeling;
b. Select inputs to
the most recent EPA-approved or similar emissions factor model;
c. Identify and confirm regionally
significant projects to be included in the regional and/or statewide emissions
analysis;
d. Identify projects
which have changed in design and scope from the RTP or TIP;
e. Identify exempt projects;
f. Identify exempt projects and categories of
exempt projects which should be treated as nonexempt because they may have
adverse air quality impacts and determine appropriate air quality analysis
methodologies for analyzing such projects;
g. Identify RTP, TIP, and STIP revisions
which add or delete exempt projects; and
h. Identify appropriate planning assumptions
relevant to aggregate transportation GHG emission estimation procedures and
calculations.
2. MassDOT
shall document the outcome(s) of the consultation meeting(s) and shall
circulate said documentation to the MPOs, RTAs, EOEEA, and the
Department.
(c)
Public Consultation Procedures. Prior to making final
endorsements on the RTPs, TIPs, STIPs, and projects included in these plans,
MassDOT and the MPOs shall include the aggregate transportation GHG emission
impact assessment in RTPs, TIPs, and STIPs and provide an opportunity for
public review and comment on the RTPs, TIPs, and STIPs.
(9)
Enforcement. The
Department shall enforce the requirements of 310 CMR 60.05 in accordance with
the applicable federal and Massachusetts law including, but not limited to,
M.G.L. c. 21A, § 16; c. 111, § 2C; c. 111, §§ 142A through
142M; c. 21N, § 7(d), and
310 CMR
5.00: Administrative
Penalty.
