83 FR 9438 - Air Plan Approval; Massachusetts; Logan Airport Parking Freeze

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 44 (March 6, 2018)

Page Range		9438-9440
FR Document		2018-04488

The Environmental Protection Agency (EPA) is approving 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 at Logan Airport. This action is being taken under the Clean Air Act.

Federal Register, Volume 83 Issue 44 (Tuesday, March 6, 2018)

[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Rules and Regulations]
[Pages 9438-9440]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-04488]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0590; FRL-9974- 96--Region 1]

Air Plan Approval; Massachusetts; Logan Airport Parking Freeze

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 (NOX)
emissions by reducing the increased vehicle miles traveled (VMT)
resulting from insufficient available parking at Logan Airport. This
action is being taken under the Clean Air Act.

DATES: This rule is effective on April 5, 2018.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2017-0590. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

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, tel. (617) 918-1697, email mcwilliams.anne@epa.gov.

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

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

On December 5, 2017 (83 FR 57415), EPA published a Notice of
Proposed Rulemaking (NPRM) for the Commonwealth of Massachusetts. The
NPRM proposed approval of revisions to 310 Code of Massachusetts
Regulations (CMR) 7.30 Massachusetts Port Authority (Massport)/Logan
Airport Parking Freeze. The formal SIP revision was submitted by
Massachusetts on July 13, 2017.
The 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.
In addition, the revision requires Massport to complete the
following studies within 24 months of June 30, 2017: (1) Potential
improvements to high occupancy vehicle access to Logan Airport; (2) a
cost and pricing assessment for different modes of transportation to
and from Logan Airport in order to generate revenue for the promotion
of high-occupancy

[[Page 9439]]

vehicle (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).
The rationale for EPA's proposed action is explained in the NPR and
will not be restated here. EPA received comments from the Conservation
Law Foundation (CLF) in support of the NPRM after the close of the
comment period, and they have been included in the docket for this
action. Initially, CLF opposed the addition of 5,000 commercial parking
spaces. However, with the development of a binding agreement between
CLF and Massport, CLF now supports this SIP revision due to the agreed
upon addition of substantial transportation mitigation measures and
increased HOV targets. The only comment received during the public
comment period was not germane or specific to this rulemaking, and did
not state how or why the rule should be changed. Therefore, no
additional response to the comment will be provided here.

II. Final Action

EPA is approving revised 310 CMR 7.30 Massport/Logan Airport
Parking Freeze as a revision to the Massachusetts SIP.

III. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of 310 CMR
7.30 Massport/Logan Airport Parking Freeze described in the amendments
to 40 CFR part 52 set forth below. The EPA has made, and will continue
to make, these documents generally available through https://www.regulations.gov.

IV. 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 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 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 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).
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 action 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 7, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: February 26, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA New England.

Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart W--Massachusetts

0
2. In Sec. 52.1120, in paragraph (c), amend the table by revising the
entry ``310 CMR 7.30'' to read as follows:

Sec. 52.1120 Identification of plan.

* * * * *
(c) * * *

[[Page 9440]]

EPA Approved Massachusetts Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval date
State citation Title/subject effective date \1\ Explanations
----------------------------------------------------------------------------------------------------------------

* * * * * * *
310 CMR 7.30............. Massport/Logan 6/30/2017 3/6/2018............ Revises the existing
Airport Parking [Insert Federal commercial parking
Freeze. Register citation]. freeze limits and
requires the
Massachusetts Port
Authority to complete
several studies to
evaluate ways to further
support alternative
transit options.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
Register notice cited in this column for the particular provision.

* * * * *
[FR Doc. 2018-04488 Filed 3-5-18; 8:45 am]
BILLING CODE 6560-50-P

9438 Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Rules and Regulations

B. Submission to Congress and the § 52.2059 Control strategy: Particulate material, such as copyrighted material,
Comptroller General matter. is not placed on the internet and will be
* * * * * publicly available only in hard copy
The Congressional Review Act, 5 (w) Determination of Attainment. EPA form. Publicly available docket
U.S.C. 801 et seq., as added by the Small has determined based on 2014 to 2016 materials are available at https://
Business Regulatory Enforcement ambient air quality monitoring data, that www.regulations.gov or at the U.S.
Fairness Act of 1996, generally provides the Lebanon County, Pennsylvania Environmental Protection Agency, EPA
that before a rule may take effect, the moderate nonattainment area has New England Regional Office, Office of
agency promulgating the rule must attained the 2012 annual fine particulate Ecosystem Protection, Air Quality
submit a rule report, which includes a matter (PM2.5) primary national ambient Planning Unit, 5 Post Office Square—
copy of the rule, to each House of the air quality standard (NAAQS). This Suite 100, Boston, MA. EPA requests
Congress and to the Comptroller General determination, in accordance with 40 that if at all possible, you contact the
of the United States. EPA will submit a CFR 51.1015, suspends the contact listed in the FOR FURTHER
report containing this action and other requirements for this area to submit an INFORMATION CONTACT section to
required information to the U.S. Senate, attainment demonstration, associated schedule your inspection. The Regional
the U.S. House of Representatives, and reasonably available control measures, a Office’s official hours of business are
the Comptroller General of the United reasonable further progress plan, Monday through Friday, 8:30 a.m. to
States prior to publication of the rule in contingency measures, and other 4:30 p.m., excluding legal holidays.
the Federal Register. A major rule planning state implementation plan FOR FURTHER INFORMATION CONTACT:
cannot take effect until 60 days after it revisions related to attainment of the Anne McWilliams, Air Quality Planning
is published in the Federal Register. standard for as long as this area Unit, U.S. Environmental Protection
This action is not a ‘‘major rule’’ as continues to meet the 2012 annual PM2.5 Agency, EPA New England Regional
defined by 5 U.S.C. 804(2). NAAQS. Office, 5 Post Office Square—Suite 100,
C. Petitions for Judicial Review [FR Doc. 2018–04424 Filed 3–5–18; 8:45 am] (Mail code OEP05–2), Boston, MA
BILLING CODE 6560–50–P 02109–3912, tel. (617) 918–1697, email
Under section 307(b)(1) of the CAA,
mcwilliams.anne@epa.gov.
petitions for judicial review of this
SUPPLEMENTARY INFORMATION:
action must be filed in the United States ENVIRONMENTAL PROTECTION
Court of Appeals for the appropriate Throughout this document whenever
AGENCY ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
circuit by May 7, 2018. Filing a petition
for reconsideration by the Administrator EPA.
40 CFR Part 52
of this final rule does not affect the Table of Contents
[EPA–R01–OAR–2017–0590; FRL–9974–
finality of this action for the purposes of 96—Region 1] I. Background and Purpose
judicial review nor does it extend the II. Final Action
time within which a petition for judicial Air Plan Approval; Massachusetts; III. Incorporation by Reference
review may be filed, and shall not Logan Airport Parking Freeze IV. Statutory and Executive Order Reviews
postpone the effectiveness of such rule
or action. AGENCY: Environmental Protection I. Background and Purpose
This action determining that the Agency (EPA). On December 5, 2017 (83 FR 57415),
Lebanon County Area attained the 2012 ACTION: Final rule. EPA published a Notice of Proposed
annual PM2.5 NAAQS may not be Rulemaking (NPRM) for the
SUMMARY: The Environmental Protection Commonwealth of Massachusetts. The
challenged later in proceedings to Agency (EPA) is approving a State
enforce its requirements. (See section NPRM proposed approval of revisions to
Implementation Plan (SIP) revision 310 Code of Massachusetts Regulations
307(b)(2).) submitted by the Commonwealth of (CMR) 7.30 Massachusetts Port
List of Subjects in 40 CFR Part 52 Massachusetts. This SIP revision Authority (Massport)/Logan Airport
increases the total number of Parking Freeze. The formal SIP revision
Environmental protection, Air commercial parking spaces allowed in
pollution control, Incorporation by was submitted by Massachusetts on July
the Logan Airport Parking Freeze area 13, 2017.
reference, Intergovernmental relations, by 5,000 parking spaces. The intended
Particulate matter, Reporting and The revised 310 CMR 7.30 increases
effect of this action is to reduce carbon the total number of commercial spaces
recordkeeping requirements. monoxide (CO) and nitrogen oxide in the Logan Parking Freeze area by
Dated: February 15, 2018. (NOX) emissions by reducing the 5,000 spaces to a total of 26,088. In the
Cosmo Servidio, increased vehicle miles traveled (VMT) event that the remaining 702 park-and-
Regional Administrator, Region III. resulting from insufficient available fly spaces in the East Boston Parking
parking at Logan Airport. This action is Freeze cap were converted to
40 CFR part 52 is amended as follows: being taken under the Clean Air Act. commercial spaces at Logan Airport in
PART 52—APPROVAL AND DATES: This rule is effective on April 5, the future, the maximum total number
PROMULGATION OF 2018. of spaces permitted would be 26,790.
IMPLEMENTATION PLANS ADDRESSES: EPA has established a In addition, the revision requires
docket for this action under Docket Massport to complete the following
■ 1. The authority citation for part 52 Identification No. EPA–R01–OAR– studies within 24 months of June 30,
jstallworth on DSKBBY8HB2PROD with RULES

continues to read as follows: 2017–0590. All documents in the docket 2017: (1) Potential improvements to
Authority: 42 U.S.C. 7401 et seq. are listed on the https:// high occupancy vehicle access to Logan
www.regulations.gov website. Although Airport; (2) a cost and pricing
Subpart NN—Pennsylvania listed in the index, some information is assessment for different modes of
not publicly available, i.e., CBI or other transportation to and from Logan
■ 2. Section 52.2059 is amended by information whose disclosure is Airport in order to generate revenue for
adding paragraph (w) to read as follows: restricted by statute. Certain other the promotion of high-occupancy

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9440 Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Rules and Regulations

EPA APPROVED MASSACHUSETTS REGULATIONS
State
State citation Title/subject EPA approval date 1 Explanations
effective date

* * * * * * *
310 CMR 7.30 ... Massport/Logan Airport 6/30/2017 3/6/2018 .......................... Revises the existing commercial parking freeze lim-
Parking Freeze. [Insert Federal Register its and requires the Massachusetts Port Authority
citation]. to complete several studies to evaluate ways to
further support alternative transit options.

* * * * * * *
1
To determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for
the particular provision.

* * * * * is open from 8:30 a.m. to 4:30 p.m., C. How can I file an objection or hearing
[FR Doc. 2018–04488 Filed 3–5–18; 8:45 am] Monday through Friday, excluding legal request?
BILLING CODE 6560–50–P holidays. The telephone number for the Under FFDCA section 408(g), 21
Public Reading Room is (202) 566–1744, U.S.C. 346a(g), any person may file an
and the telephone number for the OPP objection to any aspect of this regulation
ENVIRONMENTAL PROTECTION Docket is (703) 305–5805. Please review
AGENCY and may also request a hearing on those
the visitor instructions and additional objections. You must file your objection
information about the docket available or request a hearing on this regulation
40 CFR Part 180 at http://www.epa.gov/dockets. in accordance with the instructions
[EPA–HQ–OPP–2017–0080; FRL–9973–39] provided in 40 CFR part 178. To ensure
FOR FURTHER INFORMATION CONTACT:
Lipochitooligosaccharide (LCO) Robert McNally, Biopesticides and proper receipt by EPA, you must
SP104; Exemption From the Pollution Prevention Division (7511P), identify docket ID number EPA–HQ–
Requirement of a Tolerance Office of Pesticide Programs, OPP–2017–0080 in the subject line on
Environmental Protection Agency, 1200 the first page of your submission. All
AGENCY: Environmental Protection Pennsylvania Ave. NW, Washington, DC objections and requests for a hearing
Agency (EPA). 20460–0001; main telephone number: must be in writing, and must be
ACTION: Final rule. (703) 305–7090; email address: received by the Hearing Clerk on or
BPPDFRNotices@epa.gov. before May 7, 2018. Addresses for mail
SUMMARY: This regulation establishes an and hand delivery of objections and
exemption from the requirement of a SUPPLEMENTARY INFORMATION:
hearing requests are provided in 40 CFR
tolerance for lipochitooligosaccharide I. General Information 178.25(b).
(LCO) SP104 in or on all food In addition to filing an objection or
commodities when used in accordance A. Does this action apply to me?
hearing request with the Hearing Clerk
with label directions and good as described in 40 CFR part 178, please
You may be potentially affected by
agricultural practices. Monsanto submit a copy of the filing (excluding
this action if you are an agricultural
Company submitted a petition to EPA any Confidential Business Information
producer, food manufacturer, or
under the Federal Food, Drug, and (CBI)) for inclusion in the public docket.
pesticide manufacturer. The following
Cosmetic Act (FFDCA) requesting an Information not marked confidential
list of North American Industrial
exemption from the requirement of a
Classification System (NAICS) codes is pursuant to 40 CFR part 2 may be
tolerance. This regulation eliminates the
not intended to be exhaustive, but rather disclosed publicly by EPA without prior
need to establish a maximum
provides a guide to help readers notice. Submit the non-CBI copy of your
permissible level for residues of LCO
determine whether this document objection or hearing request, identified
SP104 under FFDCA.
applies to them. Potentially affected by docket ID number EPA–HQ–OPP–
DATES: This regulation is effective 2017–0080, by one of the following
entities may include:
March 6, 2018. Objections and requests methods:
for hearings must be received on or • Crop production (NAICS code 111).
• Federal eRulemaking Portal: http://
before May 7, 2018, and must be filed • Animal production (NAICS code
www.regulations.gov. Follow the online
in accordance with the instructions 112).
instructions for submitting comments.
provided in 40 CFR part 178 (see also • Food manufacturing (NAICS code Do not submit electronically any
Unit I.C. of the SUPPLEMENTARY 311). information you consider to be CBI or
INFORMATION). • Pesticide manufacturing (NAICS other information whose disclosure is
ADDRESSES: The docket for this action, code 32532). restricted by statute.
identified by docket identification (ID) B. How can I get electronic access to • Mail: OPP Docket, Environmental
number EPA–HQ–OPP–2017–0080, is other related information? Protection Agency Docket Center (EPA/
available at http://www.regulations.gov DC), (28221T), 1200 Pennsylvania Ave.
jstallworth on DSKBBY8HB2PROD with RULES

or at the Office of Pesticide Programs You may access a frequently updated NW, Washington, DC 20460–0001.
Regulatory Public Docket (OPP Docket) electronic version of 40 CFR part 180 • Hand Delivery: To make special
in the Environmental Protection Agency through the Government Printing arrangements for hand delivery or
Docket Center (EPA/DC), West William Office’s e-CFR site at http:// delivery of boxed information, please
Jefferson Clinton Bldg., Rm. 3334, 1301 www.ecfr.gov/cgi-bin/text- follow the instructions at http://
Constitution Ave. NW, Washington, DC idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ www.epa.gov/dockets/contacts.html.
20460–0001. The Public Reading Room 40tab_02.tpl. Additional instructions on commenting

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Document Created: 2018-11-01 08:48:40
Document Modified: 2018-11-01 08:48:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on April 5, 2018.
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, tel. (617) 918-1697, email [email protected]
FR Citation		83 FR 9438
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Regional Haze; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds