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B-175137 1 (1976-08-09)

handle is hein.gao/gaobaddip0001 and id is 1 raw text is: 0 F__ -,I H.U P-1 CT _27t'1L C 9-~7 /3 FILE: DATE: AUG 9 1976 B-175137 MATTER OF: Environmental Protection Agency Regulation of Parking Facilities DIGEST: 1. Activity of Environmaental Protection Agency (EPA) regarding proposal to revise Oregon State Air Quality Impleentation Plan to include indirect source and regional parking plan, submitted by Oregon to EPA for approval, is not contrary to provision in EPA's 1976 appropriation restricting EPA's regulation of parking facilities, since Oregon voluntarily promulgated pro- posed plan. 2. Environmcental Protection Ajgency' s (EPA) is;uance of Order to enforce New York State Transportation Control Plan relating to N7ew York City's parking facilities technically violates provision of EPA's 1975 appro- priation act restricting EPA' s regulation of parking facilities. However, LEA has not attenpted, and does not intend, to enforc.e Order, in recognition of existing restriction in 1976 appropriation act. Alzo, there is pending litgation concerning State and city compliance with the *lan. Accordina.ly, EPA Order is moot and no action by GAo is necessary. In response to numerous inquiries, we have considered the pro- priety of activities of the Environmental Protection Agency (EPA) with regard to the regulation of parking facilities in the States of Oregon and New- York. The case of Oregon involved a proposal to revise the Oregon State Air Quality Implcreentation ! lan to iucluce an indirect source and regional parking plan, which was su:unitted by the State for approval to the Administrator of LA and published in the' Federal Register, 40 Fed. Keg. 54012 (November 20, 197/). In the case of New York, on Septem.cber 27, 1075, EPA's A inistrator for eion II issued an Order, Index Eo. 50217, corning implementati.'n of Control Strategy B-3 reduction of number of parking spaces in tha CDD's /Central Business Districts/ of the eow York -t'y 1ctroolitan Area Air Quality Imp7lentation Plan 'iranisportation Controls, submitted by the State of New York to EPA in Anril 1Q1

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