[Federal Register Volume 65, Number 228 (Monday, November 27, 2000)]
[Proposed Rules]
[Pages 70676-70678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30113]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA-01-082-7212b; A-1-FRL-6905-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Massachusetts; Amendment to the Massachusetts Port Authority/Logan 
Airport Parking Freeze and City of Boston/East Boston Parking Freeze

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve a State Implementation Plan 
(SIP) revision submitted by the Commonwealth of Massachusetts. This SIP 
revision will establish a state process to allow the transfer of 
parking spaces from the East Boston Parking Freeze to the Logan Parking 
Freeze provided the total Logan Parking Freeze inventory number remains 
at or below 21,790 parking spaces. The intended effect of this action 
is to allow the shifting of airport-related parking out of the East 
Boston community and on to airport property where it belongs. There is 
no net change in parking spaces allowed in the established parking 
freezes by this action. This action is being taken under the Clean Air 
Act. Public comments on this document are requested and will be 
considered before taking final action on this SIP revision.

DATES: Written comments must be received on or before December 27, 
2000.

ADDRESSES: Comments may be mailed to David Conroy, Unit Manager, Air 
Quality Planning, Office of Ecosystem Protection (mail code CAQ), U.S. 
Environmental Protection Agency, EPA-New England, One Congress Street, 
Suite 1100, Boston, MA 02114-2023. Copies of the Commonwealth's 
submittal are available for public inspection during normal business 
hours, by appointment at the Office of Ecosystem Protection, U.S. 
Environmental Protection Agency, EPA-New England, One Congress Street, 
11th floor, Boston, MA and Consumer and Transportation Division, Bureau 
of Waste Prevention, Massachusetts Department of Environmental 
Protection, One Winter Street, 9th Floor, Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, (617) 918-1668 or e-
mail [email protected].

SUPPLEMENTARY INFORMATION: On November 3, 2000, the Massachusetts 
Department of Environmental Protection (MA DEP) submitted a proposed 
revision to its State Implementation Plan (SIP). The proposed revisions 
are amendments to the Massachusetts Port Authority (Massport)/Logan 
Airport Parking Freeze and City of Boston/East Boston Parking Freeze. 
This proposed revision allows the Commonwealth to administratively 
approve the transfer of parking spaces from the East Boston Parking 
Freeze to the Logan Parking Freeze provided the total parking space 
inventory number for the Logan Parking Freeze remains at or below 
21,790 parking spaces. Once adopted, future modifications in the 
parking freeze inventories for the East Boston and Logan Airport 
Parking Freezes will be regulated by the Commonwealth's revisions to 
Massachusetts State Regulations 310 CMR 7.30 and 310 CMR 7.31.
    The amendments will not affect the total number of airport-related 
parking spaces allowed under the Logan Airport and East Boston Parking 
Freezes and will further the goal of transferring airport-related 
parking spaces out of the East Boston neighborhood to Logan Airport.
    MA DEP has requested that EPA parallel process this proposed SIP 
revision. Under this procedure, EPA-New England Regional Office works 
closely with the MA DEP, the state air agency, while the Commonwealth 
is developing new or revised regulations. The state submits a copy of 
the proposed regulation or other revisions to EPA before conducting its 
public hearing. EPA reviews this proposed state action, and prepares a 
notice of proposed rulemaking. EPA's notice of proposed rulemaking is 
published in the Federal Register during the same time frame that the 
Commonwealth is holding its public hearing. The Commonwealth and EPA 
then provide for concurrent public comment periods on both the state 
action and Federal action. After the Commonwealth submits the formal 
SIP revision request (including a response to all public comments 
raised during the state's public participation process, and the 
approved amended Massachusetts State Regulations 310 CMR 7.30 and 310 
CMR 7.31,) EPA will prepare a final rulemaking notice. If the 
Commonwealth's formal SIP submittal contain changes which occur after 
EPA's notice of proposed rulemaking, such changes must be described in 
EPA's final rulemaking action. If the Commonwealth's changes are 
significant, then EPA must decide whether it is appropriate to re-
propose the state's action.

I. Background

Existing Logan Parking Freeze and East Boston Parking Freeze

    Since 1975, Logan Airport has been subject to a freeze on the 
number of commercial parking spaces available for use by Logan air 
travelers and visitors. In the mid-seventies, EPA developed the Logan 
Parking Freeze as one strategy in the Transportation Control Plan of 
its federally promulgated plan for the Boston Region in 1975 as part of 
a comprehensive strategy to reduce air pollution caused by automobile 
emissions. The goal was to achieve the ozone and carbon monoxide 
National Ambient Air Quality Standards (NAAQS) established by the Clean 
Air Act.
    The Logan Airport Parking Freeze was reaffirmed and committed to as 
a Reasonable Available Control Measure (RACM) in the 1979 and 1982 
State Implementation Plan revisions required by the Clean Air Act 
Amendments of 1977. Through the 1979 and 1982 SIP, the Commonwealth 
incorporated the Federal Implementations Plan's parking freeze 
provisions by reference committing the Commonwealth to implement and 
enforce the parking freeze as a state regulation as well as a Federal 
law.
    In 1989, the Logan Airport Parking Freeze was amended and the East 
Boston Parking Freeze was adopted by the Commonwealth of Massachusetts. 
Unlike the 1975 Logan Freeze, which targeted only commercial parking, 
the 1989 state action limited and regulated the management of all major 
airport-related parking in the Logan Airport and East Boston Parking 
Freeze areas. The parking supply at Logan Airport was capped at 19,315 
parking spaces. In addition, Logan-related park and fly and rental car 
parking spaces in East Boston were capped at existing levels. On April 
26, 1991, MA DEP certified the parking freeze numbers for the East 
Boston Parking Freeze area at 4,012 rental motor vehicle parking spaces 
and 2,475 park and fly parking spaces. EPA approved the Logan Airport 
Parking Freeze and East Boston Parking Freeze amendments into the 
Massachusetts SIP on March 16, 1993, Federal Register (58 FR 14153-
14157).
    The Logan Airport and East Boston Parking Freezes were designed to 
meet the following objectives: mitigating the traffic related air 
quality impacts of airport access on both the regional level and on the 
neighborhood level; reducing the number of vehicle trips (i.e., 
employee and air traveler drop-off/pick up trips) by providing a mix of 
on-airport parking and off-airport satellite

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parking centers outside of the parking freeze areas; managing the 
parking supply for Logan to stabilize overall ground access; and 
developing a unified access management plan for Logan Airport. One of 
the goals of the current Logan Airport Parking Freeze and East Boston 
Parking Freeze is to encourage the relocation of park and fly parking 
spaces from the East Boston neighborhoods to Logan Airport to reduce 
localized traffic and air quality impacts.

Summary of Proposed Action

    There are four provisions being proposed in the amended 
Massachusetts State Regulations 310 CMR 7.30 Massport/Logan Airport 
Parking Freeze and 310 CMR 7.31 City of Boston, East Boston Parking 
Freeze:
    (1) Should Massport, or its nominee, acquire in fee (or lease for a 
term in excess of five years) property within the East Boston Parking 
Freeze on which park and fly parking spaces included in the East Boston 
Parking Freeze area inventory, are located, such spaces, upon 
notification by Massport to the MA DEP and the Boston Air Pollution 
Control Commission, and approval by MA DEP, may be automatically and 
permanently converted to commercial parking spaces within the Logan 
Airport Parking Freeze area.
    (2) Commercial and employee parking spaces within the Logan Airport 
Parking Freeze area shall be limited to 19,315 parking spaces of which 
there shall be no more than 5,225 employee parking spaces and no fewer 
than 14,090 commercial parking spaces. The total 19,315 parking spaces 
may be administratively increased to 21,790 parking spaces by MA DEP, 
on a one-for-one basis, as allowed by the permanent relocation of East 
Boston Parking Freeze park and fly parking spaces to the Logan Parking 
Freeze area commercial parking spaces.
    (3) In the event that any property within the boundaries of the 
Logan Airport Parking Freeze area is conveyed in fee by Massport, such 
property shall be removed from the Logan Parking Freeze area and become 
part of the East Boston Parking Freeze area at the time of such 
conveyance.
    (4) Upon the relocation of any rental motor vehicle parking spaces 
from the East Boston Freeze area to the Logan Airport Parking Freeze 
area, the number of rental motor vehicle parking spaces certified by 
the MA DEP for the East Boston Freeze area shall be permanently reduced 
by the number of parking spaces relocated to the Logan Airport Parking 
Freeze area.

II. Proposed Action

    EPA is proposing to approve the Massachusetts SIP revision which 
will allow MA DEP to administratively approve future modifications to 
the Logan Parking Freeze and the East Boston Parking Freeze in 
accordance with the proposed amendments to Massachusetts State 
Regulations 310 CMR 7.30 Massport/Logan Airport Parking Freeze and 310 
CMR 7.31 City of Boston/East Boston Parking Freeze, which were 
submitted on November 3, 2000. EPA is soliciting public comments on the 
issues discussed in this notice or on other relevant matters. These 
comments will be considered before taking final action. Interested 
parties may participate in the Federal rulemaking procedure by 
submitting written comments to the EPA-New England office listed in the 
ADDRESSES section of this document.
    Interested parties are also encouraged to participate in the 
concurrent state process by presenting oral or written testimony at the 
Commonwealth's December 4, 2000 public hearing, and submitting written 
comment on or before 5:00 p.m. on Monday, December 4, 2000, to 
Christine Kirby, Massachusetts Department of Environmental Protection, 
Bureau of Waste Prevention, One Winter Street, 9th Floor, Boston, MA 
02108 during the state's comment period. Please contact Ms. Christine 
Kirby, Massachusetts Department of Environmental Protection, Bureau of 
Waste Prevention, Division of Consumer and Transportation Programs at 
(617) 292-5631 for additional information on the Commonwealth's public 
participation process.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.


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    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 14, 2000.
Mindy S. Lubber,
Regional Administrator, EPA-New England.
[FR Doc. 00-30113 Filed 11-24-00; 8:45 am]
BILLING CODE 6560-50-P