Air Plan Approval; Massachusetts; Logan Airport Parking Freeze, 57415-57418 [2017-26182]

Download as PDF Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a safety zone lasting for 2 hours on 33 separate days that would prohibit entry into a portion of Oregon Inlet for bridge construction. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2–1 of Commandant Instruction M16475.lD. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. sradovich on DSK3GMQ082PROD with PROPOSALS G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this VerDate Sep<11>2014 18:01 Dec 04, 2017 Jkt 244001 57415 1. The authority citation for part 165 continues to read as follows: warrant, or petty officer designated by the Captain of the Port North Carolina (COTP) for the enforcement of the safety zone. Captain of the Port means the Commander, Sector North Carolina. Construction crews means persons and vessels involved in support of construction. (c) Regulations. (1) The general regulations governing safety zones in § 165.23 apply to the area described in paragraph (a) of this section. (2) With the exception of construction crews, entry into or remaining in this safety zone is prohibited. (3) All vessels within this safety zone when this section becomes effective must depart the zone immediately. (4) The Captain of the Port, North Carolina can be reached through the Coast Guard Sector North Carolina Command Duty Officer, Wilmington, North Carolina at telephone number 910–343–3882. (5) The Coast Guard and designated security vessels enforcing the safety zone can be contacted on VHF–FM marine band radio channel 13 (165.65 MHz) and channel 16 (156.8 MHz). (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement Period. This regulation will be enforced from January 8 through March 3, 2018, with alternate dates of March 4 through April 15, 2018. (f) Public Notification. The Coast Guard will notify the public of the specific two hour closures at least 48 hours in advance by transmitting Broadcast Notice to Mariners via VHF– FM marine channel 16. 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; Department of Homeland Security Delegation No. 0170.1. Dated: November 27, 2017. Bion B. Stewart, Captain, U.S. Coast Guard, Captain of the Port North Carolina. 2. Add § 165.T05–0964 to read as follows: [FR Doc. 2017–26147 Filed 12–4–17; 8:45 am] document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS ■ ■ § 165.T05–0964 Safety Zone; Oregon Inlet, Dare County, NC. (a) Location. The following area is a safety zone: All navigable waters of Oregon Inlet, from approximate position 35°46′23″ N., 75°32′18″ W., thence southeast to 35°46′18″ N., 75°32′12″ W., thence southwest to 35°46′16″ N., 75°32′16″ W., thence northwest to 35°46′20″ N., 75°32′23″ W., thence northeast back to the point of origin (NAD 1983) in Dare County, NC. (b) Definitions. As used in this section— Designated representative means a Coast Guard Patrol Commander, including a Coast Guard commissioned, PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2017–0590; FRL–9971–59Region 1] Air Plan Approval; Massachusetts; Logan Airport Parking Freeze Environmental Protection Agency. ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a SUMMARY: E:\FR\FM\05DEP1.SGM 05DEP1 57416 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules 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. Written comments must be received on or before January 4, 2018. DATES: Submit your comments, identified by Docket ID No. EPA–R01– OAR–2017–0590 at http:// www.regulations.gov, or via email to mcwilliams.anne@epa.gov. 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. ADDRESSES: sradovich on DSK3GMQ082PROD with PROPOSALS 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: mcwilliams.anne@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. VerDate Sep<11>2014 18:01 Dec 04, 2017 Jkt 244001 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 midseventies, 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 airportrelated 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 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 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 parkand-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. 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 1 The Massport Policy Memorandum submitted to MassDEP in a letter dated June 6, 2016 can be found in the docket for this rulemaking. E:\FR\FM\05DEP1.SGM 05DEP1 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules 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 nonHOV 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 sradovich on DSK3GMQ082PROD with PROPOSALS 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. 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 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. 4 See Section VII. Analysis of Vehicle Emissions Resulting from VMT Changes of the ‘‘Technical Analysis.’’ VerDate Sep<11>2014 18:01 Dec 04, 2017 Jkt 244001 to commit, through the MEPA Section 61 Findings, to additional mitigation measures with respect to the garage’s environmental impacts. 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. 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 5 For the most recent air quality design values, see www.epa.gov/air-trends/air-quality-design-values. PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 57417 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 E:\FR\FM\05DEP1.SGM 05DEP1 57418 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2017–0555; FRL–9971–57– Region 3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of Source-Specific Requirements for Permanently Shutdown Facilities Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a SUMMARY: state implementation plan (SIP) revision submitted by the State of West Virginia. This revision pertains to the removal of source-specific SIP requirements for the following five facilities in West Virginia that have permanently shutdown: Mountaineer Carbon Company; Standard Lafarge; Follansbee Steel Corporation; International Mill Service, Inc.; and Columbian Chemicals Company. These sources have permanently ceased operation; therefore, SIP requirements for these sources are obsolete and no longer necessary for attaining and maintaining the national ambient air quality standards (NAAQS). This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before January 4, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2017–0555 at http:// www.regulations.gov, or via email to pino.maria@epa.gov. 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, 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. 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 section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814–2166, or by email at shandruk.irene@epa.gov. SUPPLEMENTARY INFORMATION: INFORMATION CONTACT I. Background The West Virginia SIP at 40 Code of Federal Regulations (CFR) part 52, subpart XX, § 52.2520(d) contains source-specific requirements, which were incorporated into the West Virginia SIP over the course of many years to allow the State to demonstrate attainment with various NAAQS. Subsequently, several of these sources have permanently ceased operation rendering source-specific requirements for these facilities obsolete. SIP revisions pertaining to the removal of obsolete SIP requirements for sources that have permanently shutdown are considered administrative, non-substantive changes. If a source has permanently shutdown, the emissions are permanently reduced to zero, so removing source-specific SIP requirements for that source will not interfere with attainment and maintenance of any NAAQS, reasonable further progress or any other applicable CAA requirement. See CAA section 110(l). II. Summary of SIP Revision and EPA Analysis On August 25, 2017, West Virginia submitted a SIP revision requesting that the consent orders for the sources listed in Table 1 be removed from the West Virginia SIP located at 40 CFR part 52, subpart XX, § 52.2520(d). TABLE 1—SOURCE-SPECIFIC REQUIREMENTS PROPOSED FOR REMOVAL FROM THE WEST VIRGINIA SIP State effective date Order Mountaineer Carbon Company ............................ Consent Order ...................................................... 7/2/82 Standard Lafarge .................................................. sradovich on DSK3GMQ082PROD with PROPOSALS Source name Consent Order ...................................................... CO–SIP–91–30 .................................................... Consent Order ...................................................... CO–SIP–91–31 .................................................... Consent Order ...................................................... CO–SIP–91–33 .................................................... Consent Order ...................................................... CO–SIP–2000–3 .................................................. 11/14/91 Follansbee Steel Corporation ............................... International Mill Service, Inc ............................... Columbian Chemicals Company .......................... VerDate Sep<11>2014 18:01 Dec 04, 2017 Jkt 244001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 11/14/91 11/14/91 1/31/00 05DEP1 EPA Approval date/ Federal Register (FR) citation 9/1/82, 47 FR 38532 7/25/94, 59 FR 37696 7/25/94, 59 FR 37696 7/25/94, 59 FR 37696 8/2/00, 65 FR 47339

Agencies

[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Proposed Rules]
[Pages 57415-57418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
mcwilliams.anne@epa.gov. 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: 
mcwilliams.anne@epa.gov.

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.
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    \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.
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    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.
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    \4\ See Section VII. Analysis of Vehicle Emissions Resulting 
from VMT Changes of the ``Technical Analysis.''
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    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.
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    \5\ For the most recent air quality design values, see 
www.epa.gov/air-trends/air-quality-design-values.
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    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