[Federal Register Volume 66, Number 48 (Monday, March 12, 2001)]
[Rules and Regulations]
[Pages 14318-14320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5854]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA-01-082-7212a; A-1-FRL-6931-3]


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: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Massachusetts. This revision 
establishes 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. This action is being taken under the Clean 
Air Act.

EFFECTIVE DATE: This rule will become effective on April 11, 2001.

ADDRESSES: Copies of the documents relevant to this action 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; Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, Room M-1500, 401 M Street, (Mail Code 
6102), SW., Washington, DC; and Planning and Evaluation 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 27, 2000 (65 FR 70676-70678), 
EPA published a Notice of Proposed Rulemaking (NPR) for the 
Commonwealth of Massachusetts. The NPR proposed approval of amendments 
to the Massachusetts Port Authority (Massport)/Logan Airport Parking 
Freeze and City of Boston/East Boston Parking Freeze. The revisions 
allows the Commonwealth to automatically 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. Future 
modifications in the parking freeze inventories for the Logan Airport 
and East Boston Parking Freezes will be regulated by the Commonwealth's 
revisions to Massachusetts State Regulations 310 CMR 7.30 and 310 CMR 
7.31. The formal SIP revision was submitted by Massachusetts on 
December 8, 2000 and December 26, 2000.
    Originally, Massachusetts requested that EPA parallel process this 
SIP revision. In accordance with this process, EPA held a thirty day 
comment period which overlapped the Commonwealth's public participation 
period. During the Commonwealth's comment period, two comments were 
submitted to the Massachusetts Department of Environmental Protection 
(MA DEP) from Massport and from EPA-New England. Massport's comment 
provided substitution of the language in 310 CMR 7.30(5)(b) which 
enables MA DEP to keep an up-to-date administrative record of the Logan 
and East Boston Parking Freeze inventories. EPA-New England's comment 
addressed public access to information on the number of MA DEP-
certified parking spaces in the Logan Airport and East Boston Parking 
Freeze areas. MA DEP has made a commitment to make these parking freeze 
inventory numbers available on its web site (http://www.magnet.state.ma.us/dep/dephome.htm) and will also encourage 
Massport and the City of Boston to do the same.
    Other specific requirements of Massport/Logan Airport Parking 
Freeze and City of Boston/East Boston Parking Freeze, and the rationale 
for EPA's proposed action are explained in the NPR and will not be 
restated here. No public comments were received by EPA on the NPR.

Final Action

    EPA is approving the modifications 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'' as revisions 
to the Massachusetts SIP.

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.

[[Page 14319]]

    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.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 11, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: December 28, 2000.
Mindy S. Lubber,
Regional Administrator, EPA-New England.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart W--Massachusetts

    2. Section 52.1120 is amended by adding paragraph (c)(130) to read 
as follows:


Sec. 52.1120  Identification of plan.

* * * * *
    (c) * * *
    (130) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on December 8, 
2000 and December 26, 2000.
    (i) Incorporation by reference.
    (A) Massachusetts State Regulation 310 CMR 7.30 ``Massport/Logan 
Airport Parking Freeze,'' effective in the Commonwealth of 
Massachusetts on December 22, 2000.
    (B) Massachusetts State Regulation 310 CMR 7.31 ``City of Boston/
East Boston Parking Freeze,'' effective in the Commonwealth of 
Massachusetts on December 22, 2000.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 8, 2000 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Letter from the Massachusetts Department of Environmental 
Protection dated December 26, 2000 submitting the final state certified 
copies of State regulations 310 CMR 7.30 ``Massport/Logan Airport 
Parking Freeze'' and 310 CMR 7.31 ``City of Boston/East Boston Parking 
Freeze.''

    3. In Sec. 52.1167, Table 52.1167 is amended by revising entries 
``310 CMR 7.30 Massport/Logan Airport Parking Freeze'' and ``310 CMR 
7.31 City of Boston/East Boston Parking Freeze'' to read as follows:


Sec. 52.1167  EPA-approved  Massachusetts State regulations.

* * * * *

                                                   Table 52.1167.--EPA-Approved Rules and Regulations
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                                             Date submitted by                                 Federal Register                     Comments/unapproved
  State  citation        Title/subject             State           Date approved by EPA            citation          52.1120(c)           sections
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                   *                  *                  *                  *                  *                  *                  *
310 CMR 7.30.......  Massport/Logan         12/26/00..........  March 12, 2001              [Insert FR citation               130  Applies to the
                      Airport Parking                                                        from published date].                  parking of motor
                      Freeze.                                                                                                       vehicles on Massport
                                                                                                                                    property.
310 CMR 7.31.......  City of Boston/East    12/26/00..........  March 12, 2001              [Insert FR citation               130  Applies to the
                      Boston Parking                                                         from published date].                  parking of motor
                      Freeze.                                                                                                       vehicles within the
                                                                                                                                    area of East Boston.
 
                   *                  *                  *                  *                  *                  *                  *
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[[Page 14320]]

[FR Doc. 01-5854 Filed 3-9-01; 8:45 am]
BILLING CODE 6560-50-P