82_FR_57647 82 FR 57415 - Air Plan Approval; Massachusetts; Logan Airport Parking Freeze

82 FR 57415 - Air Plan Approval; Massachusetts; Logan Airport Parking Freeze

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 232 (December 5, 2017)

Page Range57415-57418
FR Document2017-26182

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Massachusetts. This SIP revision increases the total number of commercial parking spaces allowed in the Logan Airport Parking Freeze Area by 5,000 parking spaces. The intended effect of this action is to reduce carbon monoxide (CO) and nitrogen oxide (NO<INF>X</INF>) emissions by reducing the increased vehicle miles traveled (VMT) resulting from insufficient available parking. This action is being taken under the Clean Air Act.

Federal Register, Volume 82 Issue 232 (Tuesday, December 5, 2017)
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Proposed Rules]
[Pages 57415-57418]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26182]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0590; FRL-9971-59-Region 1]


Air Plan Approval; Massachusetts; Logan Airport Parking Freeze

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a

[[Page 57416]]

State Implementation Plan (SIP) revision submitted by the Commonwealth 
of Massachusetts. This SIP revision increases the total number of 
commercial parking spaces allowed in the Logan Airport Parking Freeze 
Area by 5,000 parking spaces. The intended effect of this action is to 
reduce carbon monoxide (CO) and nitrogen oxide (NOX) 
emissions by reducing the increased vehicle miles traveled (VMT) 
resulting from insufficient available parking. This action is being 
taken under the Clean Air Act.

DATES: Written comments must be received on or before January 4, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0590 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anne McWilliams, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, 
MA 02109--3912, telephone number: (617) 918-1697, email: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

 Table of Contents

I. Background
II. State Submittal
III. EPA's Assessment of the State Submittal
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    Since 1975, Boston Logan International Airport (Logan Airport) has 
been subject to a freeze on the number of commercial parking spaces 
available for use by Logan Airport travelers and visitors. In the mid-
seventies, EPA developed the Logan Parking Freeze as part of a 
comprehensive strategy to reduce air pollution caused by automobile 
emissions. The goal was to achieve the ozone and CO National Ambient 
Air Quality Standards (NAAQS) established by EPA under the Clean Air 
Act (CAA).
    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 revisions, the 
Commonwealth incorporated the Federal Implementation Plan's parking 
freeze provisions by reference, committing the Commonwealth to 
implement and enforce the parking freeze as a state regulation, 310 
Code of Massachusetts Regulations (CMR) 7.30 Massachusetts Port 
Authority (Massport)/Logan Airport Parking Freeze, as well as 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, the Massachusetts Department of Environmental Protection 
(MassDEP) 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. See 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 a regional and 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 parking centers outside of the 
parking freeze area; 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 reduce localized traffic and air quality impacts.
    On March 21, 2001, EPA approved revisions to 310 CMR 7.30 Massport/
Logan Airport Parking Freeze and 310 CMR 7.31 City of Boston/East 
Boston Parking Freeze which allow the permanent relocation of certain 
categories of parking spaces from the East Boston Parking Freeze area 
inventory to the Logan Airport Parking Freeze area. See 66 FR 14318. 
One of the goals of the amendments was to encourage the relocation of 
the park-and-fly spaces from the East Boston neighborhoods, reducing 
localized traffic and air quality impacts.
    According to the most recent Logan Airport Spaces Inventory, the 
number of existing Total Parking Freeze Spaces is 21,088. In the 
Massport Policy Memorandum submitted by MassDEP,\1\ Massport details 
how parking is becoming more constrained at Logan Airport. Since 1975, 
there has been a 220% increase in passengers at Logan, but only an 80% 
increase in Logan's commercial parking supply.
---------------------------------------------------------------------------

    \1\ The Massport Policy Memorandum submitted to MassDEP in a 
letter dated June 6, 2016 can be found in the docket for this 
rulemaking.
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II. State Submittal

    On July 13, 2017, MassDEP submitted amendments to 310 CMR 7.30 
Massport/Logan Airport Parking Freeze as a formal revision to the 
Massachusetts State Implementation Plan (SIP). Revised 310 CMR 7.30 
increases the total number of commercial spaces in the Logan Parking 
Freeze area by 5,000 spaces to a total of 26,088. In the event that the 
remaining 702 park-and-fly spaces in the East Boston Parking Freeze cap 
were converted to commercial spaces at Logan Airport in the future, the 
maximum total number of spaces permitted would be 26,790.
    The revision also requires Massport to complete the following 
studies within 24 months of June 30, 2017: (1) Potential

[[Page 57417]]

improvements to high occupancy vehicle access to Logan; (2) a cost and 
pricing assessment for different modes of transportation to and from 
Logan in order to generate revenue for the promotion of HOV use by 
airport travelers and visitors; and (3) the feasibility and 
effectiveness of potential operational measures to reduce non-HOV pick-
up/drop-off modes of transportation to Logan Airport.
    Finally, the revision allows Massport to satisfy its annual 
reporting requirements through its submission of annual Environmental 
Data Reports or similar airport-wide documents under the Massachusetts 
Environmental Policy Act (MEPA).

III. EPA's Assessment of the State Submittal

    The Technical Analysis submitted by MassDEP \2\ demonstrates the 
current insufficient parking at Logan Airport. In 2014, Massport 
diverted or valet-parked passenger vehicles on 103 out of 260 working 
days.\3\ On such days, vehicles are diverted to other on-airport 
facilities or to off-site facilities such as Suffolk Downs, or vehicles 
are valet-parked, stacked at parking facilities or at other on-airport 
locations. Such operations are inconvenient to passengers, increases 
VMT at the airport, and has potential long-term ramifications for 
future mode choice. Passengers who are unable to park at Logan Airport 
are more likely to use pick-up/drop-off modes in the future.
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    \2\ ``Technical Analysis'' prepared by Vanasse Hangen Brustlin 
(VHB) dated December 11, 2015 listed as Exhibit B is available in 
the docket for this rulemaking.
    \3\ It should be noted that Massport continued to be in full 
compliance with the Logan Airport Parking Freeze throughout 2014.
---------------------------------------------------------------------------

    The Technical Analysis concludes that building more parking spaces 
meets the current and future parking demand. Parking on site results in 
fewer trips than drop-off/pick-up modes per air passenger. The air 
quality analysis shows that emissions of VOC, NOX, and 
CO2 are reduced by 20-25 percent if additional on-airport 
parking is built compared to a no build scenario.\4\ In addition, 
MassDEP emphasizes that any new parking garage built as a consequence 
of the revised regulation would be subject to review under the 
Massachusetts Environmental Policy Act (MEPA), which would require 
Massport to submit and review an Environmental Notification Report 
(ENR) and Environmental Impact Report (EIR). Massport would also be 
required to commit, through the MEPA Section 61 Findings, to additional 
mitigation measures with respect to the garage's environmental impacts.
---------------------------------------------------------------------------

    \4\ See Section VII. Analysis of Vehicle Emissions Resulting 
from VMT Changes of the ``Technical Analysis.''
---------------------------------------------------------------------------

    Clean Air Act (CAA) section 110(l) provides that EPA shall not 
approve any implementation plan revision if it would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA, i.e. 
demonstrate anti-backsliding. The Massport/Logan Parking Freeze was 
originally implemented to reduce mobile source emissions in order to 
achieve the CO and Ozone NAAQS. Massachusetts is currently meeting both 
standards.\5\ However, the current constrained parking encourages more 
people to choose drop-off/pick-up travel modes, which increases the 
vehicle miles traveled and air emissions. The submitted amendment will 
result in reduced vehicle trips and thereby reduce air emissions.
---------------------------------------------------------------------------

    \5\ For the most recent air quality design values, see 
www.epa.gov/air-trends/air-quality-design-values.
---------------------------------------------------------------------------

    MassDEP has demonstrated that the addition of 5,000 parking spaces 
to the Logan Airport Freeze area will result in a decrease in VMT which 
in turn will reduce VOC, NOX and CO air emissions. EPA 
proposes to find that the revisions to 310 CMR 7.30 meet the 
requirements of CAA section 110(l). In addition, EPA proposes to 
approve revised 310 CMR 7.30 into the SIP because it will strengthen 
the SIP by reducing pollutant emissions. 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 this proposed rule by following the 
instructions listed in the ADDRESSES section of this Federal Register.

IV. Proposed Action

    EPA is proposing to approve and incorporate into the Massachusetts 
SIP revised 310 CMR 7.30 Massport/Logan Airport Parking Freeze 
submitted on July 13, 2017. The revision increases the total number of 
commercial parking spaces allowed in the Logan Airport Parking Freeze 
Area by 5,000 parking spaces.

V. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference 310 CMR 7.30 Massport/Logan Airport Parking Freeze. The EPA 
has made, and will continue to make, these documents generally 
available electronically through http://www.regulations.gov and/or in 
hard copy at the appropriate EPA office.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible

[[Page 57418]]

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Dated: November 13, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-26182 Filed 12-4-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                        Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules                                                57415

                                                  E. Unfunded Mandates Reform Act                         document to which each comment                        warrant, or petty officer designated by
                                                     The Unfunded Mandates Reform Act                     applies, and provide a reason for each                the Captain of the Port North Carolina
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   suggestion or recommendation.                         (COTP) for the enforcement of the safety
                                                  Federal agencies to assess the effects of                  We encourage you to submit                         zone.
                                                  their discretionary regulatory actions. In              comments through the Federal                             Captain of the Port means the
                                                  particular, the Act addresses actions                   eRulemaking Portal at http://                         Commander, Sector North Carolina.
                                                  that may result in the expenditure by a                 www.regulations.gov. If your material                    Construction crews means persons
                                                  State, local, or tribal government, in the              cannot be submitted using http://                     and vessels involved in support of
                                                  aggregate, or by the private sector of                  www.regulations.gov, contact the person               construction.
                                                  $100,000,000 (adjusted for inflation) or                in the FOR FURTHER INFORMATION                           (c) Regulations. (1) The general
                                                  more in any one year. Though this                       CONTACT section of this document for                  regulations governing safety zones in
                                                  proposed rule would not result in such                  alternate instructions.                               § 165.23 apply to the area described in
                                                  an expenditure, we do discuss the                          We accept anonymous comments. All                  paragraph (a) of this section.
                                                  effects of this rule elsewhere in this                  comments received will be posted                         (2) With the exception of construction
                                                  preamble.                                               without change to http://                             crews, entry into or remaining in this
                                                                                                          www.regulations.gov and will include                  safety zone is prohibited.
                                                  F. Environment                                          any personal information you have                        (3) All vessels within this safety zone
                                                    We have analyzed this proposed rule                   provided. For more about privacy and                  when this section becomes effective
                                                  under Department of Homeland                            the docket, visit http://                             must depart the zone immediately.
                                                  Security Management Directive 023–01                    www.regulations.gov/privacyNotice.                       (4) The Captain of the Port, North
                                                  and Commandant Instruction                                 Documents mentioned in this NPRM                   Carolina can be reached through the
                                                  M16475.lD, which guide the Coast                        as being available in the docket, and all             Coast Guard Sector North Carolina
                                                  Guard in complying with the National                    public comments, will be in our online                Command Duty Officer, Wilmington,
                                                  Environmental Policy Act of 1969 (42                    docket at http://www.regulations.gov                  North Carolina at telephone number
                                                  U.S.C. 4321–4370f), and have made a                     and can be viewed by following that                   910–343–3882.
                                                  preliminary determination that this                     Web site’s instructions. Additionally, if                (5) The Coast Guard and designated
                                                  action is one of a category of actions that             you go to the online docket and sign up               security vessels enforcing the safety
                                                  do not individually or cumulatively                     for email alerts, you will be notified                zone can be contacted on VHF–FM
                                                  have a significant effect on the human                  when comments are posted or a final                   marine band radio channel 13 (165.65
                                                  environment. This proposed rule                         rule is published.                                    MHz) and channel 16 (156.8 MHz).
                                                  involves a safety zone lasting for 2 hours                                                                       (d) Enforcement. The U.S. Coast
                                                                                                          List of Subjects in 33 CFR Part 165
                                                  on 33 separate days that would prohibit                                                                       Guard may be assisted in the patrol and
                                                  entry into a portion of Oregon Inlet for                  Harbors, Marine safety, Navigation                  enforcement of the safety zone by
                                                  bridge construction. Normally such                      (water), Reporting and recordkeeping                  Federal, State, and local agencies.
                                                  actions are categorically excluded from                 requirements, Security measures,                         (e) Enforcement Period. This
                                                  further review under paragraph 34(g) of                 Waterways.                                            regulation will be enforced from January
                                                  Figure 2–1 of Commandant Instruction                      For the reasons discussed in the                    8 through March 3, 2018, with alternate
                                                  M16475.lD. A preliminary Record of                      preamble, the Coast Guard proposes to                 dates of March 4 through April 15, 2018.
                                                  Environmental Consideration                             amend 33 CFR part 165 as follows:                        (f) Public Notification. The Coast
                                                  supporting this determination is                                                                              Guard will notify the public of the
                                                  available in the docket where indicated                 PART 165—REGULATED NAVIGATION                         specific two hour closures at least 48
                                                  under ADDRESSES. We seek any                            AREAS AND LIMITED ACCESS AREAS                        hours in advance by transmitting
                                                  comments or information that may lead                                                                         Broadcast Notice to Mariners via VHF–
                                                  to the discovery of a significant                       ■ 1. The authority citation for part 165
                                                                                                          continues to read as follows:                         FM marine channel 16.
                                                  environmental impact from this
                                                                                                                                                                  Dated: November 27, 2017.
                                                  proposed rule.                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                          33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Bion B. Stewart,
                                                  G. Protest Activities                                   Department of Homeland Security Delegation            Captain, U.S. Coast Guard, Captain of the
                                                    The Coast Guard respects the First                    No. 0170.1.                                           Port North Carolina.
                                                  Amendment rights of protesters.                         ■ 2. Add § 165.T05–0964 to read as                    [FR Doc. 2017–26147 Filed 12–4–17; 8:45 am]
                                                  Protesters are asked to contact the                     follows:                                              BILLING CODE 9110–04–P
                                                  person listed in the FOR FURTHER
                                                  INFORMATION CONTACT section to                          § 165.T05–0964 Safety Zone; Oregon Inlet,
                                                  coordinate protest activities so that your              Dare County, NC.
                                                                                                                                                                ENVIRONMENTAL PROTECTION
                                                  message can be received without                           (a) Location. The following area is a               AGENCY
                                                  jeopardizing the safety or security of                  safety zone: All navigable waters of
                                                  people, places, or vessels.                             Oregon Inlet, from approximate position               40 CFR Part 52
                                                                                                          35°46′23″ N., 75°32′18″ W., thence
                                                  V. Public Participation and Request for                 southeast to 35°46′18″ N., 75°32′12″ W.,              [EPA–R01–OAR–2017–0590; FRL–9971–59-
                                                  Comments                                                thence southwest to 35°46′16″ N.,                     Region 1]
                                                    We view public participation as                       75°32′16″ W., thence northwest to
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                Air Plan Approval; Massachusetts;
                                                  essential to effective rulemaking, and                  35°46′20″ N., 75°32′23″ W., thence                    Logan Airport Parking Freeze
                                                  will consider all comments and material                 northeast back to the point of origin
                                                  received during the comment period.                     (NAD 1983) in Dare County, NC.                        AGENCY:  Environmental Protection
                                                  Your comment can help shape the                           (b) Definitions. As used in this                    Agency.
                                                  outcome of this rulemaking. If you                      section—                                              ACTION: Proposed rule.
                                                  submit a comment, please include the                      Designated representative means a
                                                  docket number for this rulemaking,                      Coast Guard Patrol Commander,                         SUMMARY: The Environmental Protection
                                                  indicate the specific section of this                   including a Coast Guard commissioned,                 Agency (EPA) is proposing to approve a


                                             VerDate Sep<11>2014   18:01 Dec 04, 2017   Jkt 244001   PO 00000   Frm 00033   Fmt 4702   Sfmt 4702   E:\FR\FM\05DEP1.SGM   05DEP1


                                                  57416                 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules

                                                  State Implementation Plan (SIP)                         Table of Contents                                     traffic-related air quality impacts of
                                                  revision submitted by the                               I. Background                                         airport access on both a regional and
                                                  Commonwealth of Massachusetts. This                     II. State Submittal                                   neighborhood level; reducing the
                                                  SIP revision increases the total number                 III. EPA’s Assessment of the State Submittal          number of vehicle trips (i.e., employee
                                                  of commercial parking spaces allowed                    IV. Proposed Action                                   and air traveler drop-off/pick up trips)
                                                  in the Logan Airport Parking Freeze                     V. Incorporation by Reference                         by providing a mix of on-airport parking
                                                  Area by 5,000 parking spaces. The                       VI. Statutory and Executive Order Reviews             and off-airport satellite parking centers
                                                  intended effect of this action is to                    I. Background                                         outside of the parking freeze area;
                                                  reduce carbon monoxide (CO) and                                                                               managing the parking supply for Logan
                                                  nitrogen oxide (NOX) emissions by                          Since 1975, Boston Logan                           to stabilize overall ground access; and
                                                  reducing the increased vehicle miles                    International Airport (Logan Airport)                 developing a unified access
                                                  traveled (VMT) resulting from                           has been subject to a freeze on the                   management plan for Logan Airport.
                                                  insufficient available parking. This                    number of commercial parking spaces                   One of the goals of the current Logan
                                                                                                          available for use by Logan Airport
                                                  action is being taken under the Clean                                                                         Airport Parking Freeze and East Boston
                                                                                                          travelers and visitors. In the mid-
                                                  Air Act.                                                                                                      Parking Freeze is to encourage the
                                                                                                          seventies, EPA developed the Logan
                                                                                                                                                                relocation of park-and-fly parking
                                                  DATES: Written comments must be                         Parking Freeze as part of a
                                                                                                                                                                spaces from the East Boston
                                                  received on or before January 4, 2018.                  comprehensive strategy to reduce air
                                                                                                                                                                neighborhoods to reduce localized
                                                                                                          pollution caused by automobile
                                                  ADDRESSES:   Submit your comments,                                                                            traffic and air quality impacts.
                                                                                                          emissions. The goal was to achieve the                   On March 21, 2001, EPA approved
                                                  identified by Docket ID No. EPA–R01–
                                                                                                          ozone and CO National Ambient Air
                                                  OAR–2017–0590 at http://                                                                                      revisions to 310 CMR 7.30 Massport/
                                                                                                          Quality Standards (NAAQS) established
                                                  www.regulations.gov, or via email to                                                                          Logan Airport Parking Freeze and 310
                                                                                                          by EPA under the Clean Air Act (CAA).
                                                  mcwilliams.anne@epa.gov. For                               The Logan Airport Parking Freeze was               CMR 7.31 City of Boston/East Boston
                                                  comments submitted at Regulations.gov,                  reaffirmed and committed to as a                      Parking Freeze which allow the
                                                  follow the online instructions for                      Reasonable Available Control Measure                  permanent relocation of certain
                                                  submitting comments. Once submitted,                    (RACM) in the 1979 and 1982 State                     categories of parking spaces from the
                                                  comments cannot be edited or removed                    Implementation Plan revisions required                East Boston Parking Freeze area
                                                  from Regulations.gov. For either manner                 by the Clean Air Act Amendments of                    inventory to the Logan Airport Parking
                                                  of submission, the EPA may publish any                  1977. Through the 1979 and 1982 SIP                   Freeze area. See 66 FR 14318. One of the
                                                  comment received to its public docket.                  revisions, the Commonwealth                           goals of the amendments was to
                                                  Do not submit electronically any                        incorporated the Federal                              encourage the relocation of the park-
                                                  information you consider to be                          Implementation Plan’s parking freeze                  and-fly spaces from the East Boston
                                                  Confidential Business Information (CBI)                 provisions by reference, committing the               neighborhoods, reducing localized
                                                  or other information whose disclosure is                Commonwealth to implement and                         traffic and air quality impacts.
                                                  restricted by statute. Multimedia                                                                                According to the most recent Logan
                                                                                                          enforce the parking freeze as a state
                                                  submissions (audio, video, etc.) must be                                                                      Airport Spaces Inventory, the number of
                                                                                                          regulation, 310 Code of Massachusetts
                                                  accompanied by a written comment.                                                                             existing Total Parking Freeze Spaces is
                                                                                                          Regulations (CMR) 7.30 Massachusetts
                                                  The written comment is considered the                                                                         21,088. In the Massport Policy
                                                                                                          Port Authority (Massport)/Logan Airport
                                                  official comment and should include                                                                           Memorandum submitted by MassDEP,1
                                                                                                          Parking Freeze, as well as Federal law.
                                                  discussion of all points you wish to                       In 1989, the Logan Airport Parking                 Massport details how parking is
                                                  make. The EPA will generally not                        Freeze was amended and the East                       becoming more constrained at Logan
                                                  consider comments or comment                            Boston Parking Freeze was adopted by                  Airport. Since 1975, there has been a
                                                  contents located outside of the primary                 the Commonwealth of Massachusetts.                    220% increase in passengers at Logan,
                                                  submission (i.e. on the web, cloud, or                  Unlike the 1975 Logan Freeze, which                   but only an 80% increase in Logan’s
                                                  other file sharing system). For                         targeted only commercial parking, the                 commercial parking supply.
                                                  additional submission methods, please                   1989 state action limited and regulated               II. State Submittal
                                                  contact the person identified in the ‘‘For              the management of all major airport-
                                                  Further Information Contact’’ section.                                                                           On July 13, 2017, MassDEP submitted
                                                                                                          related parking in the Logan Airport and              amendments to 310 CMR 7.30 Massport/
                                                  For the full EPA public comment policy,                 East Boston Parking Freeze areas. The
                                                  information about CBI or multimedia                                                                           Logan Airport Parking Freeze as a
                                                                                                          parking supply at Logan Airport was                   formal revision to the Massachusetts
                                                  submissions, and general guidance on                    capped at 19,315 parking spaces. In
                                                  making effective comments, please visit                                                                       State Implementation Plan (SIP).
                                                                                                          addition, Logan-related park-and-fly and              Revised 310 CMR 7.30 increases the
                                                  http://www.epa.gov/dockets/                             rental car parking spaces in East Boston
                                                  commenting-epa-dockets.                                                                                       total number of commercial spaces in
                                                                                                          were capped at existing levels. On April              the Logan Parking Freeze area by 5,000
                                                  FOR FURTHER INFORMATION CONTACT:                        26, 1991, the Massachusetts Department                spaces to a total of 26,088. In the event
                                                  Anne McWilliams, Air Quality Planning                   of Environmental Protection (MassDEP)                 that the remaining 702 park-and-fly
                                                  Unit, U.S. Environmental Protection                     certified the parking freeze numbers for              spaces in the East Boston Parking Freeze
                                                  Agency, EPA New England Regional                        the East Boston Parking Freeze area at                cap were converted to commercial
                                                  Office, 5 Post Office Square—Suite 100,                 4,012 rental motor vehicle parking                    spaces at Logan Airport in the future,
                                                                                                          spaces and 2,475 park-and-fly parking
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                                                  (Mail code OEP05–2), Boston, MA                                                                               the maximum total number of spaces
                                                  02109—3912, telephone number: (617)                     spaces. EPA approved the Logan Airport                permitted would be 26,790.
                                                  918–1697, email: mcwilliams.anne@                       Parking Freeze and East Boston Parking                   The revision also requires Massport to
                                                  epa.gov.                                                Freeze amendments into the                            complete the following studies within
                                                                                                          Massachusetts SIP on March 16, 1993.                  24 months of June 30, 2017: (1) Potential
                                                  SUPPLEMENTARY INFORMATION:                              See 58 FR 14153–14157.
                                                  Throughout this document whenever                          The Logan Airport and East Boston                    1 The Massport Policy Memorandum submitted to
                                                  ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             Parking Freezes were designed to meet                 MassDEP in a letter dated June 6, 2016 can be found
                                                  EPA.                                                    the following objectives: Mitigating the              in the docket for this rulemaking.



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                                                                         Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules                                              57417

                                                  improvements to high occupancy                            to commit, through the MEPA Section                     310 CMR 7.30 Massport/Logan Airport
                                                  vehicle access to Logan; (2) a cost and                   61 Findings, to additional mitigation                   Parking Freeze. The EPA has made, and
                                                  pricing assessment for different modes                    measures with respect to the garage’s                   will continue to make, these documents
                                                  of transportation to and from Logan in                    environmental impacts.                                  generally available electronically
                                                  order to generate revenue for the                            Clean Air Act (CAA) section 110(l)                   through http://www.regulations.gov
                                                  promotion of HOV use by airport                           provides that EPA shall not approve any                 and/or in hard copy at the appropriate
                                                  travelers and visitors; and (3) the                       implementation plan revision if it                      EPA office.
                                                  feasibility and effectiveness of potential                would interfere with any applicable
                                                                                                            requirement concerning attainment and                   VI. Statutory and Executive Order
                                                  operational measures to reduce non-
                                                                                                            reasonable further progress, or any other               Reviews
                                                  HOV pick-up/drop-off modes of
                                                  transportation to Logan Airport.                          applicable requirement of the CAA, i.e.                    Under the Clean Air Act, the
                                                     Finally, the revision allows Massport                  demonstrate anti-backsliding. The                       Administrator is required to approve a
                                                  to satisfy its annual reporting                           Massport/Logan Parking Freeze was                       SIP submission that complies with the
                                                  requirements through its submission of                    originally implemented to reduce                        provisions of the Act and applicable
                                                  annual Environmental Data Reports or                      mobile source emissions in order to                     Federal regulations. 42 U.S.C. 7410(k);
                                                  similar airport-wide documents under                      achieve the CO and Ozone NAAQS.                         40 CFR 52.02(a). Thus, in reviewing SIP
                                                  the Massachusetts Environmental Policy                    Massachusetts is currently meeting both                 submissions, EPA’s role is to approve
                                                  Act (MEPA).                                               standards.5 However, the current                        state choices, provided that they meet
                                                                                                            constrained parking encourages more                     the criteria of the Clean Air Act.
                                                  III. EPA’s Assessment of the State                        people to choose drop-off/pick-up travel                Accordingly, this proposed action
                                                  Submittal                                                 modes, which increases the vehicle                      merely approves state law as meeting
                                                    The Technical Analysis submitted by                     miles traveled and air emissions. The                   Federal requirements and does not
                                                  MassDEP 2 demonstrates the current                        submitted amendment will result in                      impose additional requirements beyond
                                                  insufficient parking at Logan Airport. In                 reduced vehicle trips and thereby                       those imposed by state law. For that
                                                  2014, Massport diverted or valet-parked                   reduce air emissions.                                   reason, this proposed action:
                                                  passenger vehicles on 103 out of 260                         MassDEP has demonstrated that the                       • Is not a significant regulatory action
                                                  working days.3 On such days, vehicles                     addition of 5,000 parking spaces to the                 subject to review by the Office of
                                                  are diverted to other on-airport facilities               Logan Airport Freeze area will result in                Management and Budget under
                                                  or to off-site facilities such as Suffolk                 a decrease in VMT which in turn will                    Executive Orders 12866 (58 FR 51735,
                                                  Downs, or vehicles are valet-parked,                      reduce VOC, NOX and CO air emissions.                   October 4, 1993) and 13563 (76 FR 3821,
                                                  stacked at parking facilities or at other                 EPA proposes to find that the revisions                 January 21, 2011);
                                                  on-airport locations. Such operations                     to 310 CMR 7.30 meet the requirements                      • Does not impose an information
                                                  are inconvenient to passengers,                           of CAA section 110(l). In addition, EPA                 collection burden under the provisions
                                                  increases VMT at the airport, and has                     proposes to approve revised 310 CMR                     of the Paperwork Reduction Act (44
                                                  potential long-term ramifications for                     7.30 into the SIP because it will                       U.S.C. 3501 et seq.);
                                                  future mode choice. Passengers who are                    strengthen the SIP by reducing pollutant                   • Is certified as not having a
                                                  unable to park at Logan Airport are                       emissions. EPA is soliciting public                     significant economic impact on a
                                                  more likely to use pick-up/drop-off                       comments on the issues discussed in                     substantial number of small entities
                                                  modes in the future.                                      this notice or on other relevant matters.               under the Regulatory Flexibility Act (5
                                                    The Technical Analysis concludes                        These comments will be considered                       U.S.C. 601 et seq.);
                                                  that building more parking spaces meets                   before taking final action. Interested                     • Does not contain any unfunded
                                                  the current and future parking demand.                    parties may participate in the Federal                  mandate or significantly or uniquely
                                                  Parking on site results in fewer trips                    rulemaking procedure by submitting                      affect small governments, as described
                                                  than drop-off/pick-up modes per air                       written comments to this proposed rule                  in the Unfunded Mandates Reform Act
                                                  passenger. The air quality analysis                       by following the instructions listed in                 of 1995 (Pub. L. 104–4);
                                                  shows that emissions of VOC, NOX, and                     the ADDRESSES section of this Federal                      • Does not have Federalism
                                                  CO2 are reduced by 20–25 percent if                       Register.                                               implications as specified in Executive
                                                  additional on-airport parking is built                    IV. Proposed Action                                     Order 13132 (64 FR 43255, August 10,
                                                  compared to a no build scenario.4 In                                                                              1999);
                                                                                                              EPA is proposing to approve and
                                                  addition, MassDEP emphasizes that any                                                                                • Is not an economically significant
                                                  new parking garage built as a                             incorporate into the Massachusetts SIP
                                                                                                                                                                    regulatory action based on health or
                                                  consequence of the revised regulation                     revised 310 CMR 7.30 Massport/Logan
                                                                                                                                                                    safety risks subject to Executive Order
                                                  would be subject to review under the                      Airport Parking Freeze submitted on
                                                                                                                                                                    13045 (62 FR 19885, April 23, 1997);
                                                                                                            July 13, 2017. The revision increases the
                                                  Massachusetts Environmental Policy                                                                                   • Is not a significant regulatory action
                                                  Act (MEPA), which would require                           total number of commercial parking
                                                                                                                                                                    subject to Executive Order 13211 (66 FR
                                                  Massport to submit and review an                          spaces allowed in the Logan Airport
                                                                                                                                                                    28355, May 22, 2001);
                                                  Environmental Notification Report                         Parking Freeze Area by 5,000 parking
                                                                                                                                                                       • Is not subject to requirements of
                                                  (ENR) and Environmental Impact Report                     spaces.
                                                                                                                                                                    section 12(d) of the National
                                                  (EIR). Massport would also be required                    V. Incorporation by Reference                           Technology Transfer and Advancement
                                                                                                                                                                    Act of 1995 (15 U.S.C. 272 note) because
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                                                    2 ‘‘Technical  Analysis’’ prepared by Vanasse             In this rule, the EPA is proposing to
                                                  Hangen Brustlin (VHB) dated December 11, 2015             include in a final EPA rule regulatory                  application of those requirements would
                                                  listed as Exhibit B is available in the docket for this   text that includes incorporation by                     be inconsistent with the Clean Air Act;
                                                  rulemaking.                                               reference. In accordance with                           and
                                                     3 It should be noted that Massport continued to
                                                                                                            requirements of 1 CFR 51.5, the EPA is                     • Does not provide EPA with the
                                                  be in full compliance with the Logan Airport                                                                      discretionary authority to address, as
                                                  Parking Freeze throughout 2014.                           proposing to incorporate by reference
                                                     4 See Section VII. Analysis of Vehicle Emissions                                                               appropriate, disproportionate human
                                                  Resulting from VMT Changes of the ‘‘Technical              5 For the most recent air quality design values, see   health or environmental effects, using
                                                  Analysis.’’                                               www.epa.gov/air-trends/air-quality-design-values.       practicable and legally permissible


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                                                  57418                     Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules

                                                  methods, under Executive Order 12898                              state implementation plan (SIP) revision                            INFORMATION CONTACT  section. For the
                                                  (59 FR 7629, February 16, 1994).                                  submitted by the State of West Virginia.                            full EPA public comment policy,
                                                     In addition, the SIP is not approved                           This revision pertains to the removal of                            information about CBI or multimedia
                                                  to apply on any Indian reservation land                           source-specific SIP requirements for the                            submissions, and general guidance on
                                                  or in any other area where EPA or an                              following five facilities in West Virginia                          making effective comments, please visit
                                                  Indian tribe has demonstrated that a                              that have permanently shutdown:                                     http://www2.epa.gov/dockets/
                                                  tribe has jurisdiction. In those areas of                         Mountaineer Carbon Company;                                         commenting-epa-dockets.
                                                  Indian country, the rule does not have                            Standard Lafarge; Follansbee Steel                                  FOR FURTHER INFORMATION CONTACT:
                                                  tribal implications and will not impose                           Corporation; International Mill Service,                            Irene Shandruk, (215) 814–2166, or by
                                                  substantial direct costs on tribal                                Inc.; and Columbian Chemicals                                       email at shandruk.irene@epa.gov.
                                                  governments or preempt tribal law as                              Company. These sources have
                                                                                                                                                                                        SUPPLEMENTARY INFORMATION:
                                                  specified by Executive Order 13175 (65                            permanently ceased operation;
                                                  FR 67249, November 9, 2000).                                      therefore, SIP requirements for these                               I. Background
                                                  List of Subjects in 40 CFR Part 52                                sources are obsolete and no longer
                                                                                                                                                                                           The West Virginia SIP at 40 Code of
                                                                                                                    necessary for attaining and maintaining
                                                    Environmental protection, Air                                                                                                       Federal Regulations (CFR) part 52,
                                                                                                                    the national ambient air quality
                                                  pollution control, Carbon monoxide,                                                                                                   subpart XX, § 52.2520(d) contains
                                                                                                                    standards (NAAQS). This action is being
                                                  Incorporation by reference,                                                                                                           source-specific requirements, which
                                                                                                                    taken under the Clean Air Act (CAA).
                                                  Intergovernmental relations, Lead,                                                                                                    were incorporated into the West
                                                                                                                    DATES: Written comments must be                                     Virginia SIP over the course of many
                                                  Nitrogen dioxide, Ozone, Particulate
                                                                                                                    received on or before January 4, 2018.                              years to allow the State to demonstrate
                                                  matter, Reporting and recordkeeping
                                                  requirements, Sulfur oxides, Volatile                             ADDRESSES: Submit your comments,                                    attainment with various NAAQS.
                                                  organic compounds.                                                identified by Docket ID No. EPA–R03–                                Subsequently, several of these sources
                                                                                                                    OAR–2017–0555 at http://                                            have permanently ceased operation
                                                    Dated: November 13, 2017.                                       www.regulations.gov, or via email to                                rendering source-specific requirements
                                                  Deborah A. Szaro,                                                 pino.maria@epa.gov. For comments                                    for these facilities obsolete.
                                                  Acting Regional Administrator, EPA New                            submitted at Regulations.gov, follow the                               SIP revisions pertaining to the
                                                  England.                                                          online instructions for submitting                                  removal of obsolete SIP requirements for
                                                  [FR Doc. 2017–26182 Filed 12–4–17; 8:45 am]                       comments. Once submitted, comments                                  sources that have permanently
                                                  BILLING CODE 6560–50–P                                            cannot be edited or removed from                                    shutdown are considered
                                                                                                                    Regulations.gov. For either manner of                               administrative, non-substantive
                                                                                                                    submission, EPA may publish any                                     changes. If a source has permanently
                                                  ENVIRONMENTAL PROTECTION                                          comment received to its public docket.                              shutdown, the emissions are
                                                  AGENCY                                                            Do not submit electronically any                                    permanently reduced to zero, so
                                                                                                                    information you consider to be                                      removing source-specific SIP
                                                  40 CFR Part 52
                                                                                                                    confidential business information (CBI)                             requirements for that source will not
                                                  [EPA–R03–OAR–2017–0555; FRL–9971–57–                              or other information whose disclosure is                            interfere with attainment and
                                                  Region 3]                                                         restricted by statute. Multimedia                                   maintenance of any NAAQS, reasonable
                                                                                                                    submissions (audio, video, etc.) must be                            further progress or any other applicable
                                                  Approval and Promulgation of Air                                  accompanied by a written comment.                                   CAA requirement. See CAA section
                                                  Quality Implementation Plans; West                                The written comment is considered the                               110(l).
                                                  Virginia; Removal of Source-Specific                              official comment and should include
                                                  Requirements for Permanently                                      discussion of all points you wish to                                II. Summary of SIP Revision and EPA
                                                  Shutdown Facilities                                               make. EPA will generally not consider                               Analysis
                                                  AGENCY:  Environmental Protection                                 comments or comment contents located                                  On August 25, 2017, West Virginia
                                                  Agency (EPA).                                                     outside of the primary submission (i.e.                             submitted a SIP revision requesting that
                                                  ACTION: Proposed rule.                                            on the web, cloud, or other file sharing                            the consent orders for the sources listed
                                                                                                                    system). For additional submission                                  in Table 1 be removed from the West
                                                  SUMMARY: The Environmental Protection                             methods, please contact the person                                  Virginia SIP located at 40 CFR part 52,
                                                  Agency (EPA) is proposing to approve a                            identified in the FOR FURTHER                                       subpart XX, § 52.2520(d).

                                                                 TABLE 1—SOURCE-SPECIFIC REQUIREMENTS PROPOSED FOR REMOVAL FROM THE WEST VIRGINIA SIP
                                                                                                                                                                                                                  EPA Approval date/
                                                                                                                                                                                               State effective
                                                                          Source name                                                                 Order                                                      Federal Register (FR)
                                                                                                                                                                                                    date                citation

                                                  Mountaineer Carbon Company ............................               Consent Order ......................................................           7/2/82                  9/1/82,
                                                                                                                                                                                                                          47 FR 38532
                                                  Standard Lafarge ..................................................   Consent Order ......................................................         11/14/91                 7/25/94,
                                                                                                                        CO–SIP–91–30 ....................................................                                 59 FR 37696
                                                  Follansbee Steel Corporation ...............................          Consent Order ......................................................         11/14/91                 7/25/94,
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                                                                                                                        CO–SIP–91–31 ....................................................                                 59 FR 37696
                                                  International Mill Service, Inc ...............................       Consent Order ......................................................         11/14/91                 7/25/94,
                                                                                                                        CO–SIP–91–33 ....................................................                                 59 FR 37696
                                                  Columbian Chemicals Company ..........................                Consent Order ......................................................          1/31/00                  8/2/00,
                                                                                                                        CO–SIP–2000–3 ..................................................                                  65 FR 47339




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Document Created: 2017-12-04 23:45:28
Document Modified: 2017-12-04 23:45:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before January 4, 2018.
ContactAnne McWilliams, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109--3912, telephone number: (617) 918-1697, email: [email protected]
FR Citation82 FR 57415 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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