Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Amendment to Massachusetts' SIP (for Ozone and for Carbon Monoxide) for Establishment of a South Boston Parking Freeze

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA-29-01-6537; A-1-FRL-5083-5]

Approval and Promulgation of Air Quality Implementation Plans;

Massachusetts; Amendment to Massachusetts' SIP (for Ozone and for

Carbon Monoxide) for Establishment of a South Boston Parking Freeze

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)

amendment submitted by the Commonwealth of Massachusetts. The intent of

the SIP amendment is to effect a decrease in vehicle miles travelled

(VMT) and motor vehicle emissions by controlling the growth of parking

spaces in the South Boston neighborhood of Boston and holding

automobile usage to levels within the practical capacity of the local

street network. Vehicular emissions of carbon monoxide, hydrocarbons

and nitrogen oxides will be reduced compared with their expected levels

if parking is not constrained. These pollutants contribute to the

carbon monoxide and ozone air pollution problems in the Boston

urbanized area. This SIP revision adds the South Boston Parking Freeze

Area to ongoing parking management plans in the Metropolitan Boston

Area. The intended effect of this action is to propose approval of the

changes to Massachusetts' SIP. This action is being taken under section

110 of the Clean Air Act.

DATES: Comments must be received on or before November 2, 1994.

ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air,

Pesticides and Toxics Management Division, U.S. Environmental

Protection Agency, Region I, JFK Federal Bldg., Boston, MA 02203.

Copies of the State submittal and EPA's technical support document are

available for public inspection during normal business hours, by

appointment at the Air, Pesticides and Toxics Management Division, U.S.

Environmental Protection Agency, Region I, One Congress Street, 10th

floor, Boston, MA and Division of Air Quality Control, Department of

Environmental Protection, One Winter Street, 8th floor, Boston, MA

02108.

FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, (617) 565-3227.

SUPPLEMENTARY INFORMATION: On July 30, 1993, the Massachusetts

Department of Environmental Protection (DEP) submitted a revision to

its State Implementation Plan (SIP) for the South Boston Parking

Freeze. The amendment adds or revises four definitions to 310 CMR 7.00

and adds a new section, 310 CMR 7.33 ``MB City of Boston/South Boston

Parking Freeze'' to manage the overall parking demand in South Boston.

Specifically, the measure will constrain future parking supply at 10

percent above 1990 levels, allowing for an increase in the supply to

accommodate an expected increase in demand accompanying intensive

development in South Boston. A second ten percent increase in parking

supply will be permitted in the South Boston Piers area when the

Central Artery/Third Harbor Tunnel Project is completed and open to the

public.

Background

Parking freezes for part of the City of Boston, the City of

Cambridge, and Logan Airport were included as one strategy in the

Transportation Control Plan promulgated by the EPA in its plan for the

Boston Region in 1975. (See CFR part 52, subpart W; 38 FR 17689 (July

2, 1973); 38 FR 30960 (November 8, 1973); 40 FR 25162 (June 12, 1975);

40 FR 39863 (August 29, 1975).) On September 16, 1979, EPA approved

Massachusetts' 1979 SIP, which included these parking freezes.

Massachusetts reaffirmed these freezes in its 1982 SIP.

On December 19, 1990, the Massachusetts Executive Office of

Transportation and Construction (EOTC), the Massachusetts Department of

Public Works ((MDPW), now the Massachusetts Highway Department (MA

HWY)) and the Conservation Law Foundation (CLF) signed a Memorandum of

Understanding (MOU) committing the parties to pursue implementation,

monitoring and enforcement of traffic, and air quality mitigation

measures for the Central Artery/Third Harbor Tunnel project. Parking

freezes, including the development and implementation of the South

Boston Parking Freeze, were among the specific measures committed to in

the MOU. The Boston Metropolitan Planning Organization (MPO) voted on

December 27, 1990, to adopt the items of the MOU as a State

Implementation Plan (SIP) provision, and forwarded the items to the

Massachusetts Department of Environmental Protection (MA DEP) as a

proposed amendment to the SIP.

The Metropolitan Planning Organization is the current ``State

Certified Organization'' for transportation control measures in the

SIP. In response to the MPO submission, MA DEP developed regulations

which were proposed in October of 1992. MA DEP held a public hearing on

these amendments on November 30, 1992. The comment period ended

December 10, 1992, with oral testimony and written comments received

from EPA as well as various other parties. The amendments (as formal

state regulations) were filed with Massachusetts Secretary of State on

March 15, 1993, and became effective on April 9, 1993, upon publication

in the Massachusetts Register.

Summary of SIP Revision

(1) Geographic Area. The South Boston Parking Freeze area is

divided into three zones defined as: (i) The South Boston Piers Zone;

(ii) the South Boston Industrial/Commercial Zone; and (iii) the South

Boston Residential Zone. The boundaries of these zones are defined in

the state regulation as well as in EPA's Technical Support Document

(TSD) available in the docket for this action.

(2) Definition of the Parking Freeze. There is a freeze (limit) on

the availability of motor vehicle parking spaces within the South

Boston Piers Zone and the Industrial/Commercial Zone, and a freeze on

the availability of remote parking spaces within the South Boston

Residential Zone.1 In addition, the South Boston Piers Zone will

have ten percent of its off-street spaces set aside and allocated for

off-peak period parking. Off-peak spaces would not be used by everyday

commuters but reserved for people needing short term parking.

Therefore, parking spaces designated for off-peak use may not be used

between 7:30 a.m. and 9:30 a.m., but could be used at other times. Once

the South Boston Transitway opens, additional spaces in the South

Boston Piers Zone will be set aside for off-peak parking, resulting in

a total of 20 percent off-peak parking spaces. Finally, a second ten

percent will be created and added to the Freeze Bank for the South

Boston Piers Zone when the Central Artery/Third Harbor Tunnel opens to

the public.

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\1\''Remote parking spaces'' are spaces in which the driver

parks and then proceeds to his/her destination outside South Boston,

such as Downtown Boston or Logan Airport. See 310 CMR 7.00.

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The Massachusetts regulation requires the Boston Air Pollution

Control Commission (BAPCC) and Massachusetts Port Authority (Massport)

to develop and submit an inventory of all existing motor vehicle

parking spaces for each of their respective areas. In addition, all

motor vehicle parking spaces that were part of any project submitted

for review under the Massachusetts Environmental Policy Act (MEPA)

process in 301 CMR 11.00, or the Federal Environmental Review Process

in 40 U.S.C. 4321 et seq. as of August 1, 1990, as well as remote

parking spaces, must be identified in their respective inventories.

This inventory will identify parking spaces for commercial, remote,

employee, restricted use, off-peak uses and parking spaces eliminated

during the Central Artery/Third Harbor Tunnel project construction

within the freeze area.

The Massachusetts Regulation authorizes BAPCC to allow ``restricted

use parking'' spaces in the South Boston Piers and Industrial/

Commercial zones for up to ten days each year. These spaces are

designed to allow the cap to be exceeded on a very short-term basis to

accommodate unusual events. Massport is prohibited from providing

restricted use parking in South Boston.

A South Boston Parking Freeze Draft Base Inventory was developed by

the BAPCC in accordance with the state regulation and was submitted to

MA DEP for review, public comment and approval. BAPCC's April 1994

Draft Base Inventory estimated 27,768 motor vehicle parking spaces

within the South Boston Parking Freeze Area. This is broken down as:

South Boston Piers Zone 15,916 spaces: South Boston Industrial Zone

11,841 spaces; and South Boston Residential Zone 11 spaces. On June 13,

1994, MA DEP found BAPCC's parking inventory inadequate and required

BAPCC to resolve those inadequacies.

(3) Establishment of Parking Freeze Banks. The number of Motor

vehicle parking spaces in the South Boston Parking Freeze Area will be

limited to the base inventory, plus an initial parking freeze bank

equal to 10% of the base inventory of motor vehicles parking spaces.

There will be two parking freeze banks, administered separately by the

BAPCC and Massport. Motor vehicle parking spaces eliminated from use in

the South Boston Parking Freeze Area can be credited to the appropriate

parking freeze bank for reallocation and are not privately

transferrable.

Goals of the Parking Freeze

MA DEP expects that the parking freeze will ensure that economic

growth in South Boston occurs efficiently with respect to land use and

transportation infrastructure and in the most environmentally

beneficial way. MA DEP stated that the South Boston Parking Freeze has

been designed with the following specific objectives: to improve air

quality over forecast levels, in the metropolitan Boston area and

locally, by limiting the growth in traffic congestion so Federal

health-related air quality standards can be attained as rapidly as

possible; to reduce traffic on South Boston neighborhood streets; to

manage the parking supply so that transportation and land resources are

used efficiently; to build in flexibility to respond to the changes in

traffic capacity resulting from the Central Artery/Third Harbor Tunnel

project; and to encourage transit as the preferred transportation

access mode for all new development in the South Boston area.

Air Quality Impacts

The South Boston Parking Freeze is designed to reduce the growth of

VMT and travel-related air emissions by controlling the growth of

parking spaces serving South Boston. The freeze will result in air

quality improvements beyond those which would occur in the future

without this measure.

For the three South Boston zones, MA DEP expects the proposed

freeze to reduce total future trips by 15,220 per day or 19 percent of

the approximately 80,105 trips forecast with unconstrained parking.

This is a 5.3 percent reduction in the future year trips without the

freeze in the Central Artery Study area, and a 0.3 percent reduction

overall in Eastern Massachusetts.

Without the South Boston freeze, the amount of VMT increases in the

South Boston zones are large. On average in the three South Boston

zones, MA DEP expects trips to rise by about 35 percent between now and

the year 2010. Based on vehicle trip reductions and the related VMT

change, a reduction of 8.06 percent in VMT is obtained below the level

which would otherwise occur with unconstrained parking within the

Central Artery Study area, and 0.3 percent over the entire region.

Using EPA's Mobile Emission Factor Model (MOBILE4.1, the current

version at the time of the MA DEP's analysis) and the Central Artery

Traffic Model, the South Boston Parking Freeze would reduce emissions

of volatile organic compounds (VOCs) by approximately 74.86 kilograms

per day by the year 2010 within the Central Artery Study area. Carbon

Monoxide emissions would be reduced by 558.50 kilograms per day within

the Central Artery Study area. Using the EPA MOBILE4.1 emission Model

and the Central Transportation Planning Staff (CTPS) regional

transportation model, the South Boston Parking Freeze will reduce

emissions of VOCs by 269.79 kilograms per day, and of carbon monoxide

(CO) by approximately 1,663.91 kilograms per day within Eastern

Massachusetts. The regional model also accounts for the secondary

effects of reducing traffic, which will in turn reduce congestion and

emissions elsewhere in the region.

EPA supports the South Boston Parking Freeze Plan as a means to

reduce VMT and ultimately eliminate motor vehicle emissions associated

with reduced VMT. The VMT reduction anticipated with implementing the

South Boston Parking Freeze Plan will be accounted for through Highway

Performance Monitoring System's (HPMS) statistical sampling of VMT

within the Boston Metropolitan area. VMT reductions resulting from the

South Boston freeze will be documented by Massachusetts in their

emission inventories and regional emission analysis (prepared for

transportation conformity) and result in improved ambient air quality.

Specific emission credit associated with the South Boston Parking

Freeze Plan is not being assigned in the SIP. In addition, because

Massachusetts will account for VMT and emission benefits in their base

scenario, Massachusetts' Reasonable Further Progress Plan does not

identify the South Boston Parking Freeze as an emission reduction

element or as a contingency measure.

EPA's review of this material indicates that the proposed SIP

amendment will result in improved air quality. EPA is proposing to

approve the Massachusetts SIP revision for South Boston Parking Freeze,

which was submitted on July 30, 1993. EPA is soliciting public comments

on the issues discussed in this proposal or on other relevant matters.

These comments will be considered before taking final action.

Interested parties may participate in the Federal rulemaking procedure

by submitting written comments to the EPA Regional office listed in the

Addresses section of this action.

Proposed Action

EPA is proposing to approve the South Boston Parking Freeze SIP

Amendment.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2).

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and Table 3 revisions (54 FR 2222) from the

requirements of section 3 of Executive Order 12291 for a period of two

years. The USEPA has submitted a request for a permanent waiver for

Table 2 and Table 3 SIP revisions. The OMB has agreed to continue the

temporary waiver until such time as it rules on EPA's request. This

request continues in effect under Executive Order 12866 which

superseded Executive Order 12291 on September 30, 1993.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State implementation plan. Each request for revision to

the State implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

The Administrator's decision to approve or disapprove the SIP

revision will be based on whether it meets the requirements ofsections

110(a)(2)(A)-(K) and 110(l) of the Clean Air Act, as amended, and EPA

regulations in 40 CFR part 51.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and recordkeeping requirements, Sulfur

oxides.

Authority: 42 U.S.C. 7401-7671q.

Dated: September 21, 1994.

Patricia L. Meaney,

Acting Deputy Regional Administrator, Region I.

[FR Doc. 94-24371 Filed 9-30-94; 8:45 am]

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