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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). 34

Betw een 1/18/91 and 1/25/92 .................................................................. U FA S .

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

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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 Doe. 2012-6122 Filed 3-13-12; 8:45 am]

BILLING CODE 4000-01-P

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.

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-OAR2011-0353. 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

11. This Action

III. Final Action

IV. Statutory and Executive Order Reviews
Federal Register/Vol. 77, No. 50/Wednesday, March 14, 2012/Rules and Regulations

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' and in EPA's October 2,

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

2007, memorandum entitled "Guidance

on SIP Elements Required Under

Section 110(a)(1) and (2) for the 1997 8-

Hour Ozone and PM 2.5 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

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 PM 2.

5 National Ambient Air Quality

Standards," but as mentioned above is not relevant

to today's final rulemaking.

14977
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]

m 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)* * *

* *
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]

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

11. 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 conformity rule. Other types of entities

exhaustive, but rather provides a guide not listed in the table could also be

for readers regarding entities likely to be regulated. To determine whether your

affected by this final rule. This table organization is regulated by this action,

lists the types of entities of which EPA you should carefully examine the

is aware that potentially could be applicability requirements in 40 CFR

regulated by the transportation 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.

14979