310 CMR 7.38 Certification of Tunnel Ventilation Systems In the Metropolitan Boston Air Pollution Control District

• Library: Code of Massachusetts Regulations
• Edition: 2020
• Currency: Current through Register Vol. 1433, December 25, 2020
• Citation: 310 CMR 7.38
• Year: 2020

(1) Applicability.

(a) The requirements of 310 CMR 7.38 shall apply to the construction and operation of any tunnel ventilation system for highway projects proposed to be built in the Metropolitan Boston Air Pollution Control District, construction of which begins on or after January 1, 1991, including, but not limited to, the Central Artery/Third Harbor Tunnel project. The requirements of 310 CMR 7.38 apply in addition to requirements to implement guidelines of the Department to ensure comprehensive and systematic air quality analysis of highway projects, and all other review procedures applicable to highway projects pursuant to the State Implementation Plan (SIP), the purpose of said review to ensure the consistency of such projects with the requirements of the SIP. Tunnel ventilation systems subject to 310 CMR 7.38 are not subject to the requirements of 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02.

(b) Any tunnel ventilation system which, when constructed, is subject to a federal New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants, shall be subject to such standard and shall operate in compliance with such standard.

(2) Preconstruction Certification. No person shall cause, permit or allow the construction of any tunnel ventilation system and project roadway subject to 310 CMRAir Pollution Control310 CMR 7.00 without first certifying to the Department, and receiving the Department's written acceptance of such certification, that any tunnel ventilation system, project roadway and roadway network within the project area, when operated in strict accordance with its design, standard operating and standard maintenance procedure, will not:

(a) cause or exacerbate a violation of any National Ambient Air Quality Standard, as set forth at 40 CFR 50, or a Massachusetts Ambient Air Quality Standard as set forth at 310 CMRAmbient Air Quality Standards For The Commonwealth Of Massachusetts310 CMR 6.00; or

(b) cause or exacerbate a violation of the Department's one hour ambient NO2 guideline of 320 ug/m 3; or

(c) result in an actual or projected increase in the total amount of non-methane hydrocarbons measured within the project area when compared with the no-build alternative.

(3) Preconstruction Department Certification Process.

(a) Any proponent of a project subject to 310 CMR 7.38 is required to submit such information sufficient for the Department to review the certification. Such information shall include, but is not limited to, the following 1. an analysis of the existing and projected non-methane hydrocarbon emissions from the project area, including the emissions from the tunnel ventilation system, the project roadway and the roadway network in the project area; 2. a comparative analysis which quantifies the air quality impact within the project area predicted to occur after the project is built and the no-build alternative; 3. information concerning ventilation building heights and locations, conceptual site plan, design criteria for the proposed ventilation equipment and project roadway, standard operating procedures and standard maintenance procedures for the tunnel ventilation system; 4. an analysis of the projected vehicle miles traveled, average vehicle speeds and vehicle hours that are expected to occur within the project area when the project is completed compared with the projected vehicle miles traveled, projected average vehicle speeds, and projected vehicle hours travelled under the no-build alternative and 5. an identification and analysis of feasible pollution prevention measures designed to reduce vehicle miles travelled including identification of the available short and long-term measures, commitments to implement said measures, and a schedule for implementing said measures.

(b) The Department shall within 30 days of receipt of a certification required by 310 CMR 7.38(2), make a determination whether all information necessary for review of said certification has been submitted. Upon making this determination, the Department shall notify the project proponent. The Department shall review the certification and shall after notice and public hearing, accept or reject said certification in writing no later than 90 days after the Department determines that all information necessary to review the certification has been submitted. No construction on a tunnel ventilation system or project roadway shall commence until the certification has been accepted. The Department may...