[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Notices]
[Pages 45389-45390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16164]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0026]


Notice of Availability of a Final General Conformity 
Determination for the California High-Speed Rail System, San Francisco 
to San Jose Section

AGENCY: Federal Railroad Administration (FRA), U.S. Department of 
Transportation (DOT).

ACTION: Notice.

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SUMMARY: FRA is providing this notice to advise the public that it is 
issuing a Final General Conformity Determination (FCD) for the San 
Francisco to San Jose Section of the California High-Speed Rail (HSR) 
System (Project). The Project is located between Fourth and King Street 
Station in San Francisco, CA, and Scott Boulevard in Santa Clara, CA, 
along and adjacent to the existing Caltrain rail corridor.

FOR FURTHER INFORMATION CONTACT: Lana Lau, Supervisory Environmental

[[Page 45390]]

Protection Specialist, RPD, telephone: (202) 923-5314, email: 
[email protected]; or Marlys Osterhues, Chief Environment and Project 
Engineering, RPD, telephone: (202) 493-0413, email: 
[email protected].

SUPPLEMENTARY INFORMATION: Pursuant to 23 U.S.C. 327 (Section 327), the 
California High-Speed Rail Authority (Authority) has assumed FRA's 
environmental review responsibilities under the National Environmental 
Policy Act (NEPA; 42 U.S.C. 4321 et seq.). However, under Section 327, 
FRA remains responsible for compliance with the Clean Air Act General 
Conformity requirements. In compliance with NEPA and the California 
Environmental Quality Act (CEQA), the Authority published a Final 
Environmental Impact Record/Final Environmental Impact Statement (EIR/
EIS) for the San Francisco to San Jose Section of the California High-
Speed Rail (HSR) System on June 10, 2022.
    FRA prepared a Draft General Conformity Determination, pursuant to 
40 CFR part 93, subpart B, which establishes the process for complying 
with the General Conformity requirements of the Clean Air Act. FRA 
published a notice in the Federal Register on May 2, 2022, advising the 
public of the availability of the Draft Conformity Determination for a 
30-day review and comment period. The Draft Conformity Determination 
was published at http://www.regulations.gov, Docket No. FRA-2022-0026. 
The comment period of the Draft Conformity Determination closed on June 
2, 2022. FRA received one comment on the Draft General Conformity 
Determination on behalf of the City of Brisbane. The commenter stated 
``the Draft GCD findings are erroneous because it is based upon the 
Project's EIR/EIS, which provides inaccurate and incomplete 
information.'' The commenter also identified specific statements in the 
Draft General Conformity Determination where the commenter believed the 
analysis was deficient. FRA prepared a response to the City's comment, 
which is included as Attachment B to the Final General Conformity 
Determination.
    FRA prepared the Final General Conformity Determination pursuant to 
40 CFR part 93, subpart B, and based on the Authority's coordination 
with the U.S. Environmental Protection Agency (EPA), Bay Area Air 
Quality Management District (BAAQMD), and the California Air Resources 
Board (CARB). The analysis found that construction period emissions for 
one of the Project alternatives (Alternative B) would exceed the 
General Conformity de minimis threshold for Nitrogen Oxides (NOx). 
However, operation of the Project would result in an overall reduction 
of regional emissions of all applicable air pollutants and would not 
cause a localized exceedance of an air quality standard. Consistent 
with the General Conformity Rule, the Authority will ensure all 
remaining emissions that exceed the de minimis thresholds, after 
implementation of the impact avoidance and minimization features and 
onsite mitigation measures, will be completely mitigated to zero 
through agreements with the applicable air districts. Based on this 
commitment, FRA determined the Project will conform to the requirements 
in the approved State Implementation Plan.
    The Final General Conformity Determination is available at http://www.regulations.gov, Docket No. FRA-2022-0026, and FRA's website at 
https://railroads.dot.gov/environment/environmental-reviews/clean-air-act-california-general-conformity-determinations,

    Issued in Washington, DC
Marlys A. Osterhues,
Chief Environment and Project Engineering.
[FR Doc. 2022-16164 Filed 7-27-22; 8:45 am]
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