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

34This 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 APPLICABLE STANDARDS FOR COMPLYING WITH 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 that 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 


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

1Two 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). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3Today’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. 

4This 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 


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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) * * * 


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

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

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. 


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