[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67416-67419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23692]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 34797 (Sub-No. 1)]


New England Transrail, LLC, d/b/a Wilmington & Woburn Terminal 
Railway--Construction, Acquisition and Operation Exemption--in 
Wilmington and Woburn, Mass.

AGENCY: Surface Transportation Board.

ACTION: Notice of intent to prepare an environmental impact statement; 
notice of availability of the draft scope of study for the 
environmental impact statement; notice of scoping meeting; and request 
for comments on draft scope.

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SUMMARY: On June 24, 2016, New England Transrail, LLC (NET) filed a 
petition for exemption with the Surface Transportation Board (Board) 
pursuant to 49 U.S.C. 10502 and 10901 in Docket No. FD 34797 (Sub-No. 
1). NET intends to acquire, construct and operate various rail lines 
and construct and operate transloading facilities, where goods and 
materials are transferred from rail to truck, in the towns of 
Wilmington and Woburn, Massachusetts. NET proposes to acquire 5,727 
feet of existing track, to rehabilitate or construct a combined 10,838 
feet of track, and to operate as a rail carrier over the total 16,565 
feet of track on and adjacent to property currently owned by the Olin 
Corporation at 51 Eames Street in Wilmington.\1\ NET anticipates moving 
goods and materials (e.g. bricks, newspaper, steel, glycols, biofuels, 
liquid natural gas, vegetable oils, wood chips, sand, and gravel) and 
transloading them from rail cars directly onto trucks, into holding 
tanks, or into a warehouse on site for temporary storage.
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    \1\ Generally, Board authorization is not required for proposals 
by existing carriers to acquire or construct rail facilities and 
``excepted'' ancillary track (spur, industrial or side tracks used 
to support line-haul services). 49 U.S.C. 10906; Nicholson v. ICC, 
711 F.2d 364, 367-8 (D.C. Cir. 1983); but see Effingham R.R.--Pet. 
for Declaratory Order--Constr. at Effingham, Ill., 2 S.T.B. 606, 
609-10 (1997) (Board has licensing authority over proposal by new 
carrier to construct and operate over Sec.  10906 track that would 
constitute its entire operation).
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    Because this project has the potential to result in significant 
environmental impacts, the Board's Office of Environmental Analysis 
(OEA) has determined that the preparation of an Environmental Impact 
Statement (EIS) is appropriate pursuant to the National Environmental 
Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.).\2\ The 
purpose of this Notice of Intent is to inform stakeholders--including 
members of the public; Tribes; federal, state, and local agencies; 
environmental groups; potential shippers and other parties--interested 
in or potentially affected by the proposed project of the decision to 
prepare an EIS. OEA will hold a public scoping meeting as part of the 
NEPA process. Oral and written comments submitted during scoping will 
assist OEA in issuing a Final Scope of Study that defines the range of 
actions, alternatives, and impacts to be considered in the EIS. The 
date and location for the public meeting, along with the Draft Scope of 
Study for review and comment, are provided below.
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    \2\ See New Eng. Transrail, LLC--Constr., Acquis., & Operation 
Exemption--in Wilmington & Woburn, Mass., (2016 Decision) FD 34797, 
slip op. at 5 (STB served May 17, 2016).
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Background

    I. The Prior Proceedings. In December 2003, NET filed its original 
petition for exemption for authority to acquire, construct and operate 
track to use in conjunction with a reload facility at the Olin site in 
Docket No. FD 34391. OEA \3\ conducted an environmental review and 
issued an Environmental Assessment (EA) in August 2004 and a Post-EA in 
December 2004. After issuance of the Post-EA, a number of parties 
informed the Board that NET had modified its proposed project to 
include, among other changes, the processing of municipal solid waste 
(MSW) at the facility without notifying OEA and that therefore, the 
environmental review was incomplete.
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    \3\ OEA was formerly known as the Board's Section of 
Environmental Analysis (SEA).
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    In May 2005, the Board issued a decision dismissing the case 
without prejudice to NET filing a new petition or application based on 
its current project plans. The Board concluded that the project had 
changed significantly from the proposal presented in the petition and 
that NET had not informed OEA of the changes until after the 
environmental review had been completed. Because the petition was 
modified to the point that analysis already performed by the Board 
became substantially deficient and required extensive revision, the 
Board found that it was appropriate to terminate the proceeding.\4\
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    \4\ See New Eng. Transrail, LLC--Constr., Acquis., & Operation 
Exemption--in Wilmington & Woburn, Mass., FD 34391 (STB served May 
3, 2005).
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    In December 2005, NET filed its petition for exemption in a new 
docket, Docket No. FD 34797, for acquisition, construction, and 
operation authority. NET outlined its plans to rehabilitate the 
existing track on the property and to construct new sections of track 
to support a facility to handle construction and demolition debris 
(C&D) and MSW. Following NET's filing, opposing parties argued that 
some or all of NET's planned activities would not constitute ``rail 
transportation,'' and in 2006, a coalition of parties asked the Board 
to address the threshold issue of the extent of this agency's 
jurisdiction over the proposed project. Additionally, in 2006, the U.S. 
Environmental Protection Agency (EPA) added the project site to the 
National Priorities List (NPL) under the Comprehensive Environmental 
Response, Compensation, and Liability

[[Page 67417]]

Act (CERCLA or Superfund). EPA suggested that, in order to fully 
address the proposal's effect on potentially contaminated soil and 
groundwater, the Board defer issuing even a preliminary analysis under 
NEPA of the potential environmental impacts of NET's proposal until EPA 
had completed the relevant portion of its Remedial Investigation and 
Feasibility Study (RI/FS) of the site.
    In July 2007, the Board issued a decision finding that NET would, 
if authorized, become a rail carrier subject to the Board's 
jurisdiction and thus would need authority to acquire, construct and 
operate the track. The Board also addressed the extent to which the 
handling of C&D and MSW would come within the scope of the Board's 
jurisdiction, but the issue was not decided because the Board deferred 
environmental review until EPA had completed the relevant portion of 
its RI/FS Study at the site.\5\ In May 2016, the Board lifted the 
deferral after EPA submitted a letter stating that the facts no longer 
supported continuing to defer the Board's environmental review in the 
case.\6\ The Board also directed NET to file an updated petition for 
exemption in a new sub-docket detailing its current plans for the 
site.\7\
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    \5\ See New Eng. Transrail, LLC--Constr., Acquis., & Operation 
Exemption--in Wilmington & Woburn, Mass., FD 34797 (STB served July 
10, 2007).
    \6\ See Letter from EPA (Nov. 6, 2015).
    \7\ See 2016 Decision.
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    II. The Instant Proceeding. On June 24, 2016, NET filed an updated 
petition for exemption outlining its current proposal with the Board in 
Docket No. FD 34797 (Sub-No. 1).\8\ As stated above, NET proposes to 
acquire, construct and operate track and to construct and operate 
transloading facilities on and adjacent to the Olin site. NET plans to 
move goods and materials, including bricks, newspaper, steel, glycols, 
biofuels, liquid natural gas, vegetable oils, wood chips, sand, and 
gravel and transload them from rail cars directly onto trucks, into 
holding tanks, or into a warehouse on site for temporary storage. This 
Notice of Intent initiates the EIS process and scoping for this 
proceeding.
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    \8\ NET's current plans do not include operating a municipal 
solid waste transfer station at the facility.
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    Date and Location of Public Scoping Meeting: The public scoping 
meeting will be held at the following location on the date listed:

 October 25, 2016; 5:30-8:00 p.m. at Wilmington Middle School, 
25 Carter Lane, Wilmington, MA 01887

    The scoping meeting will be held in an open house format for the 
first half hour followed by a brief presentation by OEA. After the 
presentation, interested parties will be provided an opportunity for 
public comment at an open microphone for the balance of the scoping 
meeting. A court reporter will transcribe the public comments.
    The meeting location complies with the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.). Persons that need special 
accommodations should telephone OEA's toll-free number for this project 
at 877-573-8930.
    OEA invites written public comments on all aspects of the Draft 
Scope of Study and is providing a 60-day public comment period which 
begins on September 30, 2016. These written comments may be submitted 
(1) during the scoping meetings, or (2) by mailing or submitting 
comments electronically using the filing instructions below. Comments 
should be submitted by November 29, 2016 to assure full consideration 
during the scoping process. OEA will issue a Final Scope of Study after 
the close of the scoping comment period
    Summary of the Board's Environmental Review Process: The NEPA 
process is intended to assist the Board and the public in identifying 
and assessing the potential environmental consequences of a proposed 
action before a decision on the proposed action is made. OEA is 
responsible for ensuring that the Board complies with NEPA and related 
environmental statutes. The first stage of the EIS process is scoping. 
Scoping is an open process for determining the range of actions, 
alternatives and the potential scope of environmental issues to be 
addressed in the EIS. As part of the scoping process, OEA has 
developed, and has made available for public comment in this notice, a 
Draft Scope of Study for the EIS. A scoping meeting will be held in the 
project area to provide further opportunities for public involvement 
and input during the scoping process at the time and location set out 
above. In addition to comments on the Draft Scope of Study, interested 
parties are encouraged to comment on potential alternatives for the 
proposed project, including the no-action alternative.
    To assist OEA in identifying a range of reasonable and feasible 
alternatives that could meet the purpose and need for the proposed 
project, OEA requested detailed information from NET on the alternative 
sites that were examined as part of project site selection in a letter 
dated August 29, 2016. NET states in its response, dated September 7, 
2016, that it examined alternative sites in Tewksbury, MA, and another 
in North Billerica, MA. NET determined that the Tewksbury site would be 
too small for the development of a multi-commodity freight facility. 
NET also found the North Billerica site unsuitable because of its 
location away from the center of the region and concerns regarding 
highway accessibility. OEA invites the public to comment on any 
potential, reasonable and feasible alternatives that could meet the 
purpose and need for NET's proposed project.
    At the conclusion of the scoping comment period, OEA will issue a 
Final Scope of Study for the EIS. After issuing the Final Scope of 
Study, OEA will prepare a Draft EIS for the project. The Draft EIS will 
address the environmental issues and concerns identified during the 
scoping process and assess all reasonable and feasible alternatives, 
including the no-action alternative. The Draft EIS will also contain 
OEA's preliminary recommendations for environmental mitigation 
measures. Upon completion, the Draft EIS will be made available for 
review and comment by the public, government agencies, and other 
interested parties. OEA will prepare a Final EIS that considers and 
responds to comments on the Draft EIS. In reaching its decision in this 
case, the Board will consider the Draft EIS, the Final EIS, all 
environmental comments received, and OEA's final recommendations 
regarding environmental mitigation measures.
    EPA is participating as a cooperating agency in this EIS based on 
its special expertise of environmental matters at the site and 
jurisdiction by law consistent with 40 CFR 1501.6. Throughout the 
development of the EIS, OEA will coordinate with EPA as the CERCLA 
process progresses for the project site. In addition, OEA will be 
consulting with various federal, state and local agencies with specific 
knowledge of the potential environmental impacts that may be associated 
with the proposed project. OEA is also initiating government-to-
government consultation with potentially affected tribes, including but 
not limited to: Narragansett Indian Tribe, Mashpee Wampanoag Tribe, and 
Wampanoag Tribe of Gay Head (Aquinnah).
    Filing Environmental Comments: Scoping comments submitted by mail 
should be addressed to: Danielle Gosselin, Office of Environmental 
Analysis, Surface Transportation Board, 395 E Street SW., Washington, 
DC 20423-0001, Attention: Docket No. FD 34797 (Sub-No. 1).
    Comments may also be submitted electronically via email through the

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project email address, [email protected].
    Please refer to Docket No. FD 34797 (Sub-No. 1) in all 
correspondence, including emails regarding this project.
    Scoping Comments are due by November 29, 2016.

FOR FURTHER INFORMATION CONTACT: Danielle Gosselin by mail at Office of 
Environmental Analysis, Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001, or call OEA's toll-free number for the 
project at 877-573-8930. Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339. The Web site for the Board is www.stb.gov. For further 
information about the proposed project, the Board's environmental 
review process, or this EIS, you may also visit the Board-sponsored 
project Web site at www.newenglandtransraileis.com. The project Web 
site includes a map of the project area including NET's proposed 
project.

Draft Scope of Study for the EIS

Purpose and Need

    According to NET, the principal purpose of the proposed project is 
to add rail transloading capacity close to the center of the Boston 
metropolitan area. Further, NET states that the proposed facility would 
allow for lower rail rates and improved service scheduling for 
customers.
    The proposed project involves a request by NET for a license or 
approval from the Board. The proposed project is not a federal 
government-proposed or sponsored project. Thus, the project's purpose 
and need should be informed by both the applicant's goals and the 
agency's enabling statute, here, 49 U.S.C. 10901. Section 10901 
provides that the Board must approve a construction request unless it 
finds that the construction is ``inconsistent with the public 
convenience and necessity.'' Therefore, the statute creates a 
presumption that rail construction is in the public interest and will 
be approved.

Proposed Action and Alternatives

    NET's proposed project involves the acquisition of 5,727 feet of 
existing track, the rehabilitation and construction of a combined 
10,838 feet of new track, and operation as a rail carrier over the 
total 16,565 feet of track. Other major elements of the proposed 
project would include demolishing existing buildings, constructing 
transloading facilities and warehouses, and moving goods and materials 
and transloading them from rail cars directly onto trucks, into holding 
tanks, or into a warehouse on site for temporary storage.
    NET estimates that it would operate two round trip trains per day 
with approximately 30 rail cars. NET also estimates that approximately 
400 round trip vehicle trips per day (365 truck trips per day and 35 
employee vehicle trips) could be generated at the height of operations. 
Train operations are expected to occur between 11:00 p.m. and 6:00 
a.m., and truck deliveries are expected to occur outside weekday 
morning and evening commuter peak hours.
    The EIS will analyze and compare the potential impacts of (1) 
acquisition, construction and operation for the proposed project, (2) 
any reasonable and feasible alternatives that could allow NET to meet 
its purpose and need, and (3) the no-action alternative (denial of the 
application).

Environmental Impact Analysis

Proposed Acquisition, Construction and Operation

    Analyses in the EIS will address the proposed activities associated 
with the acquisition, construction and operation of the project and 
their potential environmental impacts, as appropriate.

Impact Categories

    The EIS will analyze potential direct, indirect, and cumulative 
impacts \9\ of NET's proposed acquisition, construction and operation 
activities, or in the case of the no-action alternative, the absence of 
these activities.
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    \9\ NEPA requires the Board to consider direct, indirect, and 
cumulative impacts. Direct and indirect impacts are both caused by 
the action. 40 CFR 1508.8(a)-(b). A cumulative impact is the 
``incremental impact of the action when added to other past, 
present, and reasonably foreseeable future actions regardless of 
what agency (Federal or non-federal) or person undertakes such other 
actions.'' 40 CFR 1508.7.
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    Impact areas addressed will include an analysis of transportation 
systems, safety, land use, recreation, biological resources, water 
resources, including wetlands and other waters of the U.S., geology and 
soils, air quality and climate, noise and vibration, energy resources, 
socioeconomics as they relate to physical changes in the environment, 
cultural and historic resources, aesthetics and environmental justice. 
Other categories of potential impacts may also be included as a result 
of comments received during the scoping process or on the Draft EIS. 
The EIS will include a discussion of each of these categories as they 
currently exist in the project area and will address the potential 
direct, indirect, and cumulative impacts of each alternative being 
studied in detail on each category, as described below:
1. Transportation Systems
    The EIS will:
    a. Evaluate the potential impacts resulting from the proposed 
project on the existing transportation network in the project area.
    b. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts to transportation systems, as appropriate.
2. Safety
    The EIS will:
    a. Describe existing road/rail grade crossing safety and analyze 
the potential for an increase in accidents related to the proposed 
operation, as appropriate.
    b. Describe existing rail operations and analyze the potential for 
increased probability of train accidents, as appropriate.
    c. Evaluate the potential for disruption and delays to the movement 
of emergency vehicles.
    d. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts to safety, as appropriate.
3. Land Use
    The EIS will:
    a. Evaluate the potential impacts of each alternative on existing 
land use patterns within the project area and identify those land uses 
that would be potentially impacted by the proposed project.
    b. Analyze the potential impacts associated with each alternative 
to land uses identified within the project area.
    c. Evaluate consistency with Coastal Zone Management Program, as 
applicable.
    d. Propose mitigation measures to avoid, minimize or eliminate 
potential impacts to land use, as appropriate.
4. Recreation
    The EIS will:
    a. Evaluate existing conditions and the potential impacts of the 
proposed project on recreational areas and opportunities for 
recreational activities provided in the project area.
    b. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts on recreational areas and opportunities for 
recreational activities, as appropriate.
5. Biological Resources
    The EIS will:
    a. Evaluate the existing biological resources within the project 
area, including vegetative communities, wildlife, fisheries, wetlands, 
and federal

[[Page 67419]]

and state threatened or endangered species, and the potential impacts 
to these resources resulting from the proposed project.
    b. Propose mitigation measures to avoid, minimize, eliminate, or 
compensate for potential impacts to biological resources, as 
appropriate.
6. Water Resources
    The EIS will:
    a. Describe the existing surface water and groundwater resources 
within the project area, including lakes, rivers, streams, ponds, 
wetlands, and floodplains and analyze the potential impacts on these 
resources.
    b. Describe the permitting requirements with regard to wetlands, 
river crossings, water quality, floodplains, and erosion control.
    c. Propose mitigation measures to avoid, minimize, eliminate, or 
compensate for potential project impacts to water resources, as 
appropriate.
    d. Describe EPA's CERCLA process as it relates to on and off-site 
water resources.
7. Geology and Soils
    The EIS will:
    a. Describe the geology, soils, and seismic conditions found within 
the project area, including unique or problematic geologic formations 
or soils, prime farmland, and hydric soils, and analyze the potential 
impacts on these resources resulting from each alternative.
    b. Evaluate any potential measures to avoid or construct through 
unique or problematic geologic formations or soils.
    c. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts to geology and soils, as appropriate.
    d. Describe EPA's CERCLA process as it relates to geology and 
soils.
8. Air Quality and Climate
    The EIS will:
    a. Evaluate the air emissions from the potential operation of the 
proposed project including potential greenhouse gas emissions, as 
appropriate.
    b. Evaluate the potential air quality impacts resulting from the 
proposed project construction activities.
    c. Evaluate the potential impacts of the proposed project on global 
climate change and the potential impacts of global climate change on 
the proposed project.
    d. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts, as appropriate.
9. Noise and Vibration
    The EIS will:
    a. Describe the potential noise and vibration impacts during the 
proposed project construction.
    b. Describe the potential noise and vibration impacts of the 
proposed project operation.
    c. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts to sensitive noise receptors, as appropriate.
10. Energy Resources
    The EIS will:
    a. Describe and evaluate the potential impact of the proposed 
project on the distribution of energy resources in the project area.
    b. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts to energy resources, as appropriate.
11. Socioeconomics
    The EIS will:
    a. Analyze the effects of the potential temporary influx of 
construction workers and creation of permanent rail facilities jobs to 
the project area.
    b. Propose mitigation measures to avoid, minimize or eliminate 
potential project-related adverse impacts to social and economic 
resources, as appropriate.
12. Cultural and Historic Resources
    The EIS will:
    a. Identify historic buildings, structures, sites, objects, or 
districts eligible for listing on or listed on the National Register of 
Historic Places (historic properties) within the area of potential 
effects for each alternative. The cultural resources identified will be 
categorized into three major groups: Tribal resources, archaeological 
resources, and built resources.
    b. Consult with federally recognized Native American tribes to 
identify properties with religious and cultural significance to the 
tribes within the area of potential effects for each alternative 
(tribal resources), and analyze potential project impacts to them.
    c. Identify prehistoric-era and historic-era archaeological 
resources by using professionals who meet the Secretary of the Interior 
Professional Qualifications Standards (SOIPQS) in the discipline of 
archaeology, and analyze potential project impacts to them.
    d. Identify built resources by using professionals who meet the 
SOIPQS in the disciplines of history or architectural history, and 
analyze potential project impacts to them.
    e. Propose measures to avoid, minimize, or mitigate potentially 
adverse project impacts to tribal resources, built resources, and 
archaeological resources that are historic properties, as appropriate.
13. Aesthetics
    The EIS will:
    a. Describe the potential impacts of the proposed project on any 
areas identified or determined to be of high visual quality.
    b. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts on aesthetics, as appropriate.
14. Environmental Justice
    The EIS will:
    a. Evaluate the potential impacts resulting from the proposed 
project on local and regional minority and low-income populations.
    b. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts on environmental justice populations, as 
appropriate.

    Decided: September 27, 2016.

    By the Board, Victoria Rutson, Director, Office of Environmental 
Analysis
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016-23692 Filed 9-29-16; 8:45 am]
 BILLING CODE 4915-01-P