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Citation: 77 Fed. Reg. 14976 2012

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-- The search text of this PDF is generated from uncorrected OCR text.14976 Federal Register/Vol. 77, No. 50/Wednesday, March 14, 2012/Rules and Regulations

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). 3 4 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 after3/15/2012 (untilthe regulations are revised)

......................... UFAS or 2010 Title IIADA Standards exceptthat Exception (1)to Section 206.2.3 does notapply.

Electronic Access to ThisDocument: The official version ofthis documentis the document published in the Federal Register. Free Internet access to the official edition ofthe FederalRegister andthe Code ofFederal Regulations is available via theFederal Digital System
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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, Secretaryof Education. [FRDoe. 2012-6122 Filed 3-13-12; 8:45 am]

BILLING CODE 4000-01-P

34This is the "American National Standards Specifications forMaking Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," published by the American National Standards Institute, Inc. 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 forthe 1997 8-Hour Ozone National Ambient AirQuality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPAis taking final action to approve the state implementation plan (SIP) revision submittedby the State of Tennessee, through the Tennessee Department ofEnvironment and Conservation (TDEC), to demonstrate that the State meets therequirements of sections 110(a)(1) and (2)withrespect to sections 110(a)(2)(C) and (J), ofthe Clean Air Act (CAA or Act)for the 1997 8-hour ozone national ambient air quality standards (NAAQS). Section 110(a) ofthe CAA requires thateach state adopt and submit a state implementation plan (SIP) for the implementation, maintenance, and enforcement ofeach 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 ofthis notice is limited to infrastructure elements 110(a)(2)(C) and (J). All other applicable Tennessee infrastructure elements willbe addressed in a separate rulemaking. DATES: EffectiveDate:This rule will be effective April 13, 2012. ADDRESSES: EPA has established a docketfor this action under Docket Identification No. EPA-R04-OAR2011-0353. All documents in the docket

are listed on the www.regulations.gov Web site. Although listed inthe index,

some information isnot 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 willbe publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.govorin 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 thatifat all possible,you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to scheduleyour inspection. The Regional Office's official hours ofbusiness are Monday through Friday, 8:30to 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 canbe reached via electronic mail at ward.nacosta@epa.gov. SUPPLEMENTARY INFORMATION:

Table ofContents
I.Background 11.

This Action III. FinalAction IV. Statutory and Executive OrderReviews

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

I. Background

Upon promulgation ofa new or revised NAAQS, sections 110(a)(1) and (2)ofthe CAA require states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance for thatnew NAAQS. On July 18, 1997, EPA promulgated anew NAAQS for ozone based on 8-hour average concentrations, thus states were required toprovide submissions to address sections 110(a)(1) and (2)ofthe CAA for this new NAAQS. Tennessee provided its infrastructure submission for the 1997 8-hour ozone NAAQS on December 14, 2007, and clarified itin a subsequent submission submitted on May 28, 2009. On March 27, 2008, Tennessee was among other states that received a finding offailure 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 CPrevention of Significant Deterioration (PSD) permit program requirements promulgated in the 1997 8-Hour Ozone NAAQS Implementation Rule New Source Review (NSR)Update-Phase 2final rule (hereafterreferred to asthe Ozone Implementation NSR Update) recognizing nitrogen oxide (NOx)as an
ozone precursor, among other elements. See 70 FR 71612 (November 29, 2005). OnMay 28, 2009, TDEC submitted a SIP revision to EPA for federal approval which included revisions to Chapter 1200-03-09 ofthe Tennessee NSR program that addressed changes promulgated in the Ozone Implementation NSR Update. On February 7, 2012, EPA finalized approval ofTennessee's May 28, 2009, SIP revision. See 77 FR 6016. The May 28, 2009, submission was one oftwo required SIP revisions thatwere necessary in order for Tennessee to meet the requirements ofinfrastructure 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 ofSignificant 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 GHGTailoring 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 GHGpermitting 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 4Administrator. This rulemaking is scheduled tobe published in the FederalRegister on orbefore February 28, 2012. OnJanuary 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 isthe subject oftoday's rulemaking. See 77 FR 3213. A summary ofthebackground for today's final action isprovided below. See EPA's January 23, 2012, proposed rulemaking at 77 FR 3213 for more detail. Section 110(a) ofthe CAA requires states to submit SIPs toprovide for the implementation, maintenance, and enforcement ofa new orrevised NAAQS within three years following the promulgation of such NAAQS, or within such shorter period as EPAmay prescribe. Section 110(a) imposes the obligation upon states tomake a SIP submission toEPA for a new orrevised NAAQS, but the contents ofthat submission mayvary 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 ofthe submission. The contents of such SIP submissions may alsovary depending upon what provisions the state's existing SIP already contains. In the

case ofthe 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 theprocedural 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 asmodeling, monitoring, and emissions inventories that are designed
to assure attainment and maintenance of the NAAQS. The requirements that are the subject ofthis finalrulemaking are listedbelow' and inEPA's October 2,

1Two elements identified in section 110(a)(2) are not governed by the three year submission deadline ofsection 110(a)(1)because SIPs incorporating necessary local nonattainment area controls are not due within three years after promulgation ofa new

or revised NAAQS, butrather are due at the time 2007, memorandum entitled "Guidance

on SIP Elements Required Under Section 110(a)(1) and (2)for the 1997 8- Hour Ozone and PM2.5National 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 ofcontrol 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 ofpart 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. ThisAction

EPA istaking final action to approve Tennessee's December 14, 2007, and

the nonattainment area plan requirements are due pursuant to section 172. Theserequirements are: (1) Submissions required by section 110(a)(2)(C) to the
extent that subsection refers to a permit program as required in partD Title I ofthe CAA, and (2) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements ofpart 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 onhow Tennessee's SIP addresses 110(a)(2)(C).

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

3 Today's proposedrule 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). OnDecember 23, 2008, CAIR was remanded by the DC Circuit Court ofAppeals, without vacatur, back to EPA. SeeNorth Carolina

v. EPA,531 F.3d 896 (DC Cir. 2008). Priorto this remand, EPA tookfinal action to approve Tennessee's SIPrevision, 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 ofCAIR, EPA has promulgated a newrule 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 ofAppeals. EPA's action on element 110(a)(2)(D)(i) willbe addressed in a separate action.

4This requirement was inadvertently omitted from EPA's October 2, 2007, memorandum entitled "Guidance on SIPElements Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and PM2. 5 NationalAmbient Air Quality Standards," but asmentioned aboveis notrelevant
to today's final rulemaking. 

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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 thatthe State meets the applicable requirements ofelements 110(a)(2)(C) and (J)ofthe CAA 110(a)(1) and (2)SIP requirements for the 1997 8-hour ozone NAAQS. Section 110(a) ofthe CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement ofeach NAAQS promulgated by theEPA, 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 onits 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 onMay 28, 2009, which addressed infrastructure elements 110(a)(2)(C) and (J)for the 1997 8-hour

ozone NAAQS, isconsistent with section 110 ofthe CAA.

III. FinalAction

EPA istaking 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 ofthe CAA. TDEC has addressed the elements (C) and (J)ofthe CAA 110(a)(1) and (2)SIP requirements pursuant to EPA's October 2, 2007, guidance to ensure thatthe 1997 8-hour

ozone NAAQS are implemented, enforced, and maintained in Tennessee.
IV. Statutory andExecutive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable federalregulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role isto approve state choices, provided that theymeet the criteria of the CAA. Accordingly, this action merely approves state lawas meeting federal requirements and does not impose additional requirements beyond those imposedby state law. Forthat
reason, this action: * Is not a "significant regulatory action" subject toreview by the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); * Does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.); * Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5U.S.C. 601 etseq.);

* 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 actionbased on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

* Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001);

* Is not subject to requirements of Section 12(d) ofthe National Technology Transfer and Advancement Act of1995 (15 U.S.C. 272 note)because application ofthose 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 itwill not impose substantial direct costs on tribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. 801 etseq., as added bythe Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rulemay take effect, the agency promulgating the rule must submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General oftheUnited States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United Statesprior to publication ofthe rule in the Federal Register. A majorrule
cannot take effectuntil 60 days after it is published in the Federal Register. This action is not a "major rule" as defined by 5U.S.C. 804(2).

Under section 307(b)(1) ofthe CAA, petitions forjudicial review ofthis actionmust be filed in the United States Court ofAppeals for the appropriate circuitby May 14, 2012. Filing a petition for reconsideration by the Administrator ofthis final rule does not affectthe finality ofthis actionfor the purposes ofjudicial review nor does it extend thetime within which apetition forjudicial review maybe filed, and shall not postpone the effectiveness of suchrule or action. This actionmay not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFRPart52

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 etseq.
Dated: February 24, 2012. A. Stanley Meiburg,
ActingRegional Administrator, Region4. 40 CFR part 52 is amended as follows:

PART52-[AMENDED]

m 1. The authority citationfor part52 continues to read as follows:

Authority: 42 U.S.C. 7401 etseq. Subpart RR-Tennessee

* 2.Section 52.2220(e) is amendedby 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 ofthe table
to read as follows: 

### §52.2220 Identification of plan.

(e)* * * * *

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

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Applicable State Name of nonregulatory SIP provision geographic or effective EPA approval date Explanation nonattainment date
area

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

............. 12/14/2007 3/14/2012 [Insert ciHour Ozone National Ambient Air Quality Standards-Ele- tation of publicaments 110(a)(1) and (2)(C) and (J). tion].

[FR Doe. 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]
RIN2060-AP57
Transportation Conformity Rule Restructuring Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPAis amending the transportation conformity rule to finalize provisions thatwere proposed

onAugust 13, 2010. These amendments
restructure several sections ofthe transportation conformity rule so that they apply to any new orrevised National Ambient Air Quality Standards. EPAis also finalizing several clarifications to improve implementation ofthe rule. EPAis not taking a final action atthis time onthe 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, andprojects tobe consistent with (conform to) thepurpose ofthe state air quality implementation plan. EPA consulted with the U.S. Department of Transportation andthey concur inthe development ofthis 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.govindex. Although listed in the index, some information may notbe 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 hardcopy. Publicly available docket materials are available either electronically in www.regulations.
govor in hard copy at theAir and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room isopen 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 ofthis preamble are listed in the following outline:

I.General Information II. Background onthe Transportation Conformity Rule 11. Restructure of Section93.109-Tests of Conformity for TransportationPlans, TIPs, and Projects-and Changes to Related Sections IV. Additional Optionfor Areas That Qualify forEPA's Clean DataRegulations or Policies V. Restructure ofthe 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 thisaction applyto 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 isnot intended to be conformity rule. Other types ofentities exhaustive, but rather provides a guide not listed in thetable could alsobe for readers regarding entities likely tobe regulated. To determine whether your affected by this final rule. Thistable organization is regulatedby this action, lists the types ofentities ofwhich EPA you should carefully examine the is aware thatpotentially couldbe applicability requirements in 40 CFR regulated by the transportation 93.102. Ifyou have questions regarding the applicability ofthis action to a particular entity, consult the persons listed in thepreceding FOR FURTHER INFORMATION CONTACT section. 

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