### 14976 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations

34 This is the ‘‘American National Standards Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped,’’ published by the American National Standards Institute, Inc. reference to standards for complying with 34 CFR 104.23.



### TABLE OF 

### A PPLICABLE 

### STANDARDS FOR 

### COMPLYING 

### W ITH 

### 34 CFR 104.23

Date construction or alteration commenced Applicable standards for complying with 34 CFR 104.23

Between 6/3/77 and 1/17/91 .................................................................... ANSI A117.1–1961 (R1971). 34 Between 1/18/91 and 1/25/92 .................................................................. UFAS. Between 1/26/92 and 9/14/10 .................................................................. UFAS or 1991 Standards without the elevator exception. Between 9/15/10 and 3/14/12 .................................................................. UFAS, 1991 Standards without the elevator exception, or 2010 Title II ADA Standards except that Exception (1) to Section 206.2.3 does not apply. On or after 3/15/2012 (until the regulations are revised) ......................... UFAS or 2010 Title II ADA Standards except th at Exception (1) to Section 206.2.3 does not apply.

Electronic Access to This Document: The official version of this document is the document published in the Federal Register . Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System

at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register , in text or Adobe Portable Document Format (PDF). To use PDF you must have software to open a PDF file. One option is Adobe Acrobat Reader, which is available free at the site.

You may also access documents of the Department published in the Federal Register by using the article-search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

This notice is also available on OCR’s Web site at: http://www.ed.gov/ocr

.

Authority: 29 U.S.C. 794.
Dated: March 8, 2012.
Arne Duncan, Secretary of Education.
[FR Doc. 2012–6122 Filed 3–13–12; 8:45 am]

**BILLING CODE 4000–01–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 52**

**[EPA–R04–OAR–2011–0353; FRL–9644–3]**

**Approval and Promulgation of Implementation Plans; Tennessee;**  **110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour**  **Ozone National Ambient Air Quality Standards** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  EPA is taking final action to approve the state implementation plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), to demonstrate that the State meets the requirements of sections 110(a)(1) and (2) with respect to sections 110(a)(2)(C) and (J), of the Clean Air Act (CAA or Act) for the 1997 8-hour ozone national ambient air quality standards (NAAQS). Section 110(a) of the CAA requires that each state adopt and submit a state implementation plan (SIP) for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ‘‘infrastructure’’ SIP. TDEC certified that the Tennessee SIP contains provisions that ensure the 1997 8-hour ozone NAAQS are implemented, enforced, and maintained in Tennessee (hereafter referred to as ‘‘infrastructure submission’’). Tennessee’s infrastructure submission, provided to EPA on December 14, 2007, and clarified in a subsequent May 28, 2009, submission, addressed the required infrastructure elements for the 1997 8- hour ozone NAAQS, however the subject of this notice is limited to infrastructure elements 110(a)(2)(C) and (J). All other applicable Tennessee infrastructure elements will be addressed in a separate rulemaking.

**DATES :**  Effective Date: This rule will be effective April 13, 2012.

**ADDRESSES :**  EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2011–0353. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information 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 either electronically through www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person 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 to 4:30 excluding Federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  Nacosta C. Ward, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9140. Ms. Ward can be reached via electronic mail at ward.nacosta@epa.gov.

**SUPPLEMENTARY INFORMATION :** 
Table of Contents
I. Background II. This Action III. Final Action IV. Statutory and Executive Order Reviews


### 14977 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations

1 Two elements identified in section 110(a)(2) are not governed by the three year submission deadline of section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not due within three years after promulgation of a new or revised NAAQS, but rather are due at the time the nonattainment area plan requirements are due pursuant to section 172. These requirements are: (1) Submissions required by section 110(a)(2)(C) to the extent that subsection refers to a permit program as required in part D Title I of the CAA, and (2) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements of part D, Title I of the CAA. Today’s final rulemaking does not address infrastructure elements related to section 110(a)(2)(I) but does provide detail on how Tennessee’s SIP addresses 110(a)(2)(C).

2 This rulemaking only addresses requirements for this element as they relate to attainment areas.

3 Today’s proposed rule does not address element 110(a)(2)(D)(i) (Interstate Transport) for the 1997 8- hour ozone NAAQS. Interstate transport requirements were formerly addressed by Tennessee consistent with the Clean Air Interstate Rule (CAIR). On December 23, 2008, CAIR was remanded by the DC Circuit Court of Appeals, without vacatur, back to EPA. See North Carolina

v. EPA, 531 F.3d 896 (DC Cir. 2008). Prior to this remand, EPA took final action to approve Tennessee’s SIP revision, which was submitted to comply with CAIR. See 72 FR 46388 (August 20, 2007). In so doing, Tennessee’s CAIR SIP revision addressed the interstate transport provisions in section 110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS. In response to the remand of CAIR, EPA has promulgated a new rule to address the interstate transport. See 76 FR 48208 (August 8, 2011) (‘‘the Transport Rule’’). That rule was recently stayed by the DC Circuit Court of Appeals. EPA’s action on element 110(a)(2)(D)(i) will be addressed in a separate action.

4 This requirement was inadvertently omitted from EPA’s October 2, 2007, memorandum entitled ‘‘Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and PM2.5 National Ambient Air Quality Standards,’’ but as mentioned above is not relevant to today’s final rulemaking. I. Background

Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and (2) of the CAA require states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance for that new NAAQS. On July 18, 1997, EPA promulgated a new NAAQS for ozone based on 8-hour average concentrations, thus states were required to provide submissions to address sections 110(a)(1) and (2) of the CAA for this new NAAQS. Tennessee provided its infrastructure submission for the 1997 8-hour ozone NAAQS on December 14, 2007, and clarified it in a subsequent submission submitted on May 28, 2009. On March 27, 2008, Tennessee was among other states that received a finding of failure to submit because its infrastructure submission was deemed incomplete for elements 110(a)(2)(C) and (J) for the 1997 8-hour ozone NAAQS by March 1, 2008. See 73 FR 16205. Specifically, the Tennessee infrastructure submission did not address the part C Prevention of Significant Deterioration (PSD) permit program requirements promulgated in the 1997 8-Hour Ozone NAAQS Implementation Rule New Source Review (NSR) Update—Phase 2 final rule (hereafter referred to as the Ozone Implementation NSR Update) recognizing nitrogen oxide (NOx) as an ozone precursor, among other elements. See 70 FR 71612 (November 29, 2005). On May 28, 2009, TDEC submitted a SIP revision to EPA for federal approval which included revisions to Chapter 1200–03–09 of the Tennessee NSR program that addressed changes promulgated in the Ozone Implementation NSR Update. On February 7, 2012, EPA finalized approval of Tennessee’s May 28, 2009, SIP revision. See 77 FR 6016. The May 28, 2009, submission was one of two required SIP revisions that were necessary in order for Tennessee to meet the requirements of infrastructure elements 110(a)(2)(C) and (J). In addition revisions related to the Ozone Implementation NSR Update, Tennessee was also required to submit revisions related to the ‘‘Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule’’ (hereafter referred to as the ‘‘PSD GHG Tailoring Rule’’).

On January 11, 2012, TDEC submitted its final PSD GHG Tailoring Rule revision to EPA. This revision establishes appropriate emission thresholds for determining which new stationary sources and modification projects become subject to Tennessee’s PSD permitting requirements for their GHG emissions, and thereby addresses the thresholds for GHG permitting applicability in Tennessee. On January 27, 2012, the final rulemaking approving Tennessee’s January 11, 2012, SIP revision was signed by the Acting EPA Region 4 Administrator. This rulemaking is scheduled to be published in the Federal Register on or before February 28, 2012. On January 23, 2012, EPA proposed to approve Tennessee’s December 14, 2007, infrastructure submission for the 1997 8-hour ozone NAAQS for elements 110(a)(2)(C) and (J), which is the subject of today’s rulemaking. See 77 FR 3213. A summary of the background for today’s final action is provided below. See EPA’s January 23, 2012, proposed rulemaking at 77 FR 3213 for more detail.

Section 110(a) of the CAA requires states to submit SIPs to provide for the implementation, maintenance, and enforcement of a new or revised NAAQS within three years following the promulgation of such NAAQS, or within such shorter period as EPA may prescribe. Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon the facts and circumstances. In particular, the data and analytical tools available at the time the state develops and submits the SIP for a new or revised NAAQS affects the content of the submission. The contents of such SIP submissions may also vary depending upon what provisions the state’s existing SIP already contains. In the case of the 1997 8-hour ozone NAAQS, states typically have met the basic program elements required in section 110(a)(2) through earlier SIP submissions in connection with previous ozone NAAQS.

More specifically, section 110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists specific elements that states must meet for ‘‘infrastructure’’ SIP requirements related to a newly established or revised NAAQS. As already mentioned, these requirements include SIP infrastructure elements such as modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance of the NAAQS. The requirements that are the subject of this final rulemaking are listed below 1 and in EPA’s October 2, 2007, memorandum entitled ‘‘Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8- Hour Ozone and PM2.5 National Ambient Air Quality Standards.’’

• 110(a)(2)(A): Emission limits and other control measures.

• 110(a)(2)(B): Ambient air quality monitoring/data system.

• 110(a)(2)(C): Program for enforcement of control measures. 2

• 110(a)(2)(D): Interstate transport. 3

• 110(a)(2)(E): Adequate resources.

• 110(a)(2)(F): Stationary source monitoring system.

• 110(a)(2)(G): Emergency power.

• 110(a)(2)(H): Future SIP revisions.

• 110(a)(2)(I): Areas designated nonattainment and meet the applicable requirements of part D. 4

• 110(a)(2)(J): Consultation with government officials; public notification; and PSD and visibility protection.

• 110(a)(2)(K): Air quality modeling/ data.

• 110(a)(2)(L): Permitting fees.

• 110(a)(2)(M): Consultation/ participation by affected local entities.

II. This Action

EPA is taking final action to approve Tennessee’s December 14, 2007, and


### 14978 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations

clarified on May 28, 2009, infrastructure submission as demonstrating that the State meets the applicable requirements of elements 110(a)(2)(C) and (J) of the CAA 110(a)(1) and (2) SIP requirements for the 1997 8-hour ozone NAAQS. Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by the EPA, which is commonly referred to as an ‘‘infrastructure’’ SIP. Tennessee, through TDEC, certified that the TDEC SIP contains provisions that ensure the 1997 8-hour ozone NAAQS is implemented, enforced, and maintained in Tennessee for infrastructure elements 110(a)(2)(C) and (J). Additionally, EPA received no adverse comments on its January 23, 2012, proposed approval of Tennessee’s December 14, 2007, infrastructure submission.

EPA has determined that Tennessee’s infrastructure submission, provided to EPA on December 14, 2007, and clarified in a subsequent submission submitted on May 28, 2009, which addressed infrastructure elements 110(a)(2)(C) and (J) for the 1997 8-hour ozone NAAQS, is consistent with section 110 of the CAA.

III. Final Action

EPA is taking final action to approve Tennessee’s December 14, 2007, submission as clarified on May 28, 2009, for the 1997 8-hour ozone NAAQS because this submission is consistent with section 110 of the CAA. TDEC has addressed the elements (C) and (J) of the CAA 110(a)(1) and (2) SIP requirements pursuant to EPA’s October 2, 2007, guidance to ensure that the 1997 8-hour ozone NAAQS are implemented, enforced, and maintained in Tennessee.
IV. Statutory and Executive Order Reviews

Under the CAA, 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 CAA. 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 Order 12866 (58 FR 51735, October 4, 1993);

• 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 CAA; 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, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 14, 2012. 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, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Authority: 42 U.S.C. 7401 et seq. Dated: February 24, 2012. A. Stanley Meiburg, Acting Regional Administrator, Region 4.

40 CFR part 52 is amended as follows:

**PART 52—[AMENDED]**

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

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

**Subpart RR—Tennessee**

■ 2. Section 52.2220(e) is amended by adding a new entry ‘‘110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standards—Elements 110(a)(1) and (2)(C) and (J)’’ at the end of the table to read as follows:

**§ 52.2220 Identification of plan.**
* * * * *

(e) * * *


### 14979 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations

EPA-A PPROVED 

### T ENNESSEE 

### N ON



### - REGULATORY 

### P ROVISIONS

Name of nonregulatory SIP provision Applicable geographic or nonattainment

area State effective

date EPA approval date Explanation

******* 110(a)(1) and (2) Infrastructure Requirements for the 1997 8-

Hour Ozone National Ambient Air Quality Standards—Elements 110(a)(1) and (2)(C) and (J). Tennessee ............. 12/14/2007 3/14/2012 [Insert citation of publication].

[FR Doc. 2012–5764 Filed 3–13–12; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 93**

**[EPA–HQ–OAR–2009–0128; FRL–9637–3]**

**RIN 2060–AP57**

**Transportation Conformity Rule Restructuring Amendments** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  EPA is amending the transportation conformity rule to finalize provisions that were proposed on August 13, 2010. These amendments restructure several sections of the transportation conformity rule so that they apply to any new or revised National Ambient Air Quality Standards. EPA is also finalizing several clarifications to improve implementation of the rule. EPA is not taking a final action at this time on the proposal that areas analyze a near-term analysis year when using the budget
test.

The Clean Air Act requires federally supported transportation plans, transportation improvement programs, and projects to be consistent with (conform to) the purpose of the state air quality implementation plan. EPA consulted with the U.S. Department of Transportation and they concur in the development of this final rule.

**DATES :**  This final rule is effective on April 13, 2012.

**ADDRESSES :**  EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2009–0128. All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information may not be publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.
gov or in hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744 and the telephone number for the Air and Radiation Docket is (202) 566–1742.

**FOR FURTHER INFORMATION CONTACT :**  Patty Klavon, Transportation and Regional Programs Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105, email address: klavon.patty@epa.
gov, telephone number: (734) 214–4476, fax number: (734) 214–4052; or Laura Berry, Transportation and Regional Programs Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105, email address: berry.laura@epa.gov, telephone number: (734) 214–4858, fax number: (734) 214–4052.

**SUPPLEMENTARY INFORMATION :**  The contents of this preamble are listed in the following outline:

I. General Information II. Background on the Transportation Conformity Rule III. Restructure of Section 93.109—Tests of Conformity for Transportation Plans, TIPs, and Projects—and Changes to Related Sections IV. Additional Option for Areas That Qualify for EPA’s Clean Data Regulations or Policies V. Restructure of the Baseline Year Test for Existing NAAQS and Baseline Year Test for Future NAAQS VI. How do these amendments affect conformity SIPs? VII. Statutory and Executive Order Reviews

I. General Information A. Does this action apply to me?

Entities potentially regulated by the transportation conformity rule are those that adopt, approve, or fund transportation plans, programs, or projects under title 23 U.S.C. or title 49 U.S.C. Chapter 53. Regulated categories and entities affected by today’s action include:

Category Examples of regulated entities

Local government ............................................... Local transportation and air quality agencies, including metropolitan planning organizations (MPOs). State government ............................................... State transportation and air quality agencies. Federal government ............................................ Department of Transportation (Federal Highway Administration (FHWA) and Federal Transit Administration (FTA)).

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this final rule. This table lists the types of entities of which EPA is aware that potentially could be regulated by the transportation conformity rule. Other types of entities not listed in the table could also be regulated. To determine whether your organization is regulated by this action, you should carefully examine the applicability requirements in 40 CFR 93.102. If you have questions regarding the applicability of this action to a particular entity, consult the persons listed in the preceding **FOR FURTHER**
**INFORMATION CONTACT** section.