Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Rules and Regulations 62695

determination. Therefore, the remedy of

any individual who is the subject of a

passport denial, revocation, restriction

or limitation due to arrearages of child

support in an amount exceeding

$5,000.000 lies only with the State

agency, and no administrative review by

the Department of State under the

provisions in §§ 51.81 through 51.89 of

Title 22 of the Code of Federal

Regulations will be performed. Section

51.80 of Title 22 of the Code of Federal

Regulations is amended to exempt this

reason for passport denial from

entitlement to a hearing. These changes to the regulations are

not expected to have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act,

5 U.S.C. 605(b). In addition, they will

not impose information collection

requirements under the provisions of

the Paperwork Reduction Act, 44 U.S.C.,

Chapter 35. Nor do these rules have

federalism implications warranting the

preparation of a Federalism Assessment

in accordance with E.O. 12988. These

rules are exempt form review under E.O.

12988 but have been reviewed and

found to be consistent with the

objectives. For the reasons set forth in the

preamble, part 51 to title 22 is amended

as follows:

PART 51—PASSPORTS

1. The authority citation for part 51 is

revised to read as follows:

Authority: 22 U.S.C. 211a, as amended; 8

U.S.C. 1104(d); 22 U.S.C. 2651a, 3926; sec.

122(d)(3), Pub. L. 98–164, 97 Stat. 1017; 31

U.S.C. 9701; E.O. 11295, 3 CFR, 1966–1970

Comp., p 570; Pub. L. 100–690; sec. 129, Pub.

L. 102–138, 105 Stat. 661; sec. 503, Pub. L.

102–140, 105 Stat. 820; Title V, Pub. L. 103–

317, 108 Stat. 1724; sec. 452(k) and sec.

454(31), Pub. L. 93–647, 42 U.S.C. 652, as

amended by sec. 370, Pub. L. 104–193, 110

Stat. 2251–2252.

2. Section 51.70(a) is amended as

follows:

a. Substitute ‘‘; or’’ for the period after

paragraph (a)(7). b. Add paragraph (a)(8) to read as

follows:

§ 51.70 Denial of passports.

(a) * * *

(8) The applicant has been certified by

the Secretary of Health and Human

Services as notified by a State agency

under 42 U.S.C. 652(k) to be in arrears

of child support in an amount exceeding

$5,000.00.

§ 51.80 [Revised]

3. Section 51.80 is revised to read as

follows:

The provisions of §§ 51.81 through

51.89 shall not apply to any action of

the Secretary of State taken on an

individual basis in denying, restricting,

revoking or invalidating a passport or in

any other way adversely affecting the

ability of a person to receive or use a

passport by reason of: (a) Noncitizenship.

(b) Refusal under the provisions of

§ 51.70(a)(8),

(c) Refusal to grant a discretionary

exception under the emergency or

humanitarian relief provisions of

§ 51.71(c), or

(d) Refusal to grant a discretionary

exception from geographical limitations

of general applicability. The provisions

of this subpart shall otherwise

constitute the administrative remedies

provided by the Department to persons

who are the subject of adverse action

under § 51.70, § 51.71 or § 51.72.

Dated: November 6, 1997.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 97–30762 Filed 11–24–97; 8:45 am]

BILLIING CODE 4710–06–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[TN 86–1–9802a; TN 127–1–9803a; FRL–

5923–2]

Designation of Areas for Air Quality

Planning Purposes; Tennessee:

Redesignation of the Polk County and

New Johnsonville Sulfur Dioxide

Nonattainment Areas to Attainment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving

maintenance plans and requests for

redesignation of the Polk County area

and portions of Benton and Humphreys

Counties, Tennessee, surrounding

TVA’s Johnsonville plant (New

Johnsonville area) from nonattainment

to attainment for the sulfur dioxide

(SO2) National Ambient Air Quality

Standards (NAAQS), pursuant to

requests submitted on January 6, 1988,

July 12, 1990, December 17, 1993, and

April 17, 1995, by the State of

Tennessee, through the Tennessee

Department of Environment and

Conservation (TDEC).

DATES: This final rule is effective

January 26, 1998 unless notice is

received by December 26, 1997 that

someone wishes to submit adverse or

critical comments. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Written comments should

be addressed to:

For the Polk County area: Scott M.

Martin, Regulatory Planning Section,

Air Planning Branch, Air, Pesticides &

Toxics Management Division, Region 4

Environmental Protection Agency, 61

Forsyth Street, Atlanta, Georgia 30303.

For the New Johnsonville area: Steven

M. Scofield, Regulatory Planning

Section, Air Planning Branch, Air,

Pesticides & Toxics Management

Division, Region 4 Environmental

Protection Agency, 61 Forsyth Street,

Atlanta, Georgia 30303.

Copies of the documents relative to

this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, Atlanta, Georgia

30303.

Tennessee Department of Environment

and Conservation, Division of Air

Pollution Control, 9th Floor L & C

Annex, 401 Church Street, Nashville,

Tennessee 37243–1531.

FOR FURTHER INFORMATION CONTACT:

For the Polk County area: Scott M.

Martin, Regulatory Planning Section,

Air Planning Branch, Air, Pesticides &

Toxics Management Division, Region 4

Environmental Protection Agency, 61

Forsyth Street, Atlanta, Georgia 30303.

The telephone number is 404/562–9036.

For the New Johnsonville area: Steven

M. Scofield, Regulatory Planning

Section, Air Planning Branch, Air,

Pesticides & Toxics Management

Division, Region 4 Environmental

Protection Agency, 61 Forsyth Street,

Atlanta, Georgia 30303. The telephone

number is 404/562–9034.

SUPPLEMENTARY INFORMATION:

In a Federal Register document

published March 3, 1978, (43 FR 8962)

the Polk County and New Johnsonville

areas were designated nonattainment for

SO2. On July 12, 1990, the State of

Tennessee, through the TDEC,

submitted a request for redesignation of

the Polk County SO2 nonattainment area

to attainment. This request did not

contain a maintenance plan, including

contingency measures, as required in

section 107(d)(3)(E) of the Clean Air Act

(CAA). Subsequently, on April 17, 1995,
62696 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Rules and Regulations

the State submitted a maintenance plan

that completed the redesignation

request. The State of Tennessee has met

all of the CAA requirements for

redesignation pursuant to Section

107(d)(3)(E).

On January 6, 1988, the State of

Tennessee, through the TDEC,

submitted a request for redesignation of

the New Johnsonville SO2

nonattainment area to attainment. The

submittal was not approvable due to

stack height issues that were affected by

a January 22, 1988, court decision,

which prohibited EPA from exempting

stack height increases from

demonstration requirements. Since the

1990 amendments to the CAA, it has

been EPA’s policy to approve

redesignation requests affected by that

court decision. However, this request

did not contain a maintenance plan,

including contingency measures, as

required in section 107(d)(3)(E) of the

CAA. Subsequently, on December 17,

1993, the State submitted a maintenance

plan that completed the redesignation

request. The State of Tennessee has met

all of the CAA requirements for

redesignation pursuant to Section

107(d)(3)(E).

Section 107(d)(3)(E)(i). The

Administrator has determined that the

area has attained the NAAQS.

Tennessee submitted air quality data

demonstrating attainment with both the

primary and secondary SO2 NAAQS for

the years 1988 and 1989 in the Polk

County area and 1981 through 1993 in

the New Johnsonville area. As required

by the EPA for SO2 redesignations, a

nonattainment area must demonstrate

attainment by showing no more than

one exceedance annually for two

complete, consecutive calendar years

and must continue in attainment status

until the final notice approving such

redesignation is effective. During that

period there were no exceedances in the

Polk County area and one exceedance of

each of the primary and secondary

NAAQS during 1986 in the New

Johnsonville area, and hence, no

violations of the SO2 NAAQS. Both

areas have continued to monitor

attainment of the SO2 NAAQS to date.

Section 107(d)(3)(E)(ii). The

Administrator has fully approved the

applicable implementation plan for the

area under Section 110(k).

The Tennessee SO2 State

Implementation Plan (SIP) is fully

approved and meets all requirements

under section 110(k) which are

applicable to the Polk County and New

Johnsonville areas. Additionally,

Reasonably Available Control

Technology (RACT) emission limits for

sources located in the Polk County area

are specified in Rule 1200–3–19–.19 of

the Tennessee Air Pollution Control

regulations and RACT limits for the

New Johnsonville area are specified in

Rule 1200–3–19–.14 of the Tennessee

Air Pollution Control regulations. TDEC

Rule 1200–3–19–.19 became federally

enforceable after EPA approval and

publication in the Federal Register on

February 6, 1980 (45 FR 8004) and May

27, 1982 (47 FR 23160) and TDEC Rule

1200–3–19–.14 became federally

enforceable after EPA approval and

publication in the Federal Register on

April 7, 1993 (58 FR 18011).

Section 107(d)(3)(E)(iii). The

Administrator determines that the

improvement in air quality is due to

permanent and enforceable reductions

in emissions resulting from

implementation of the applicable

implementation plan and applicable

Federal air pollutant control regulations

and other permanent and enforceable

reductions.

The BIT Manufacturing, Inc. facility is

the only significant source of SO2

emissions located in or impacting the

Polk County area. The TDEC submits

that the present SIP is adequate and the

RACT emission limitations contained in

TDEC Rule 1200–3–19–.19 have

resulted in permanent and enforceable

reductions in emissions. TDEC Rule

1200–3–19–.19 became federally

enforceable after EPA approval and

publication in the Federal Register on

February 6, 1980 (45 FR 8004), and May

27, 1982 (47 FR 23160).

For the New Johnsonville area, the

State has demonstrated that the present

SIP is adequate and the RACT emission

limitations contained in TDEC Rule

1200–3–19–.14 have resulted in

permanent and enforceable reductions

in emissions. TDEC Rule 1200–3–19–.14

became federally enforceable after EPA

approval and publication in the Federal

Register on April 7, 1993 (58 FR 18011).

Section 107(d)(3)(E)(iv). The

Administrator has fully approved a

maintenance plan for the area as

meeting the requirements of section

175A.

Section 175A of Part D of the CAA

requires maintenance and contingency

plans for nonattainment areas before

redesignation can occur. As required by

section 175A the TDEC submitted to the

EPA air dispersion modeling which

demonstrated maintenance of the SO2

NAAQS. The TDEC used EPA approved

models ISC2 and COMPLEX1 (VALLEY

screening mode) as their dispersion

models. Additionally, for both areas, the

TDEC will evaluate any permittable SO2

emissions increases from existing

sources, or any permittable SO2

emissions from any new source that

might locate in the area, with

atmospheric dispersion modeling to

ensure that compliance with the

NAAQS for SO2 is maintained. The

maintenance plan is to be in effect for

a ten year period after redesignation of

the area. The State must also submit an

additional plan, 8 years after

redesignation of the area, for

maintaining the NAAQS for 10 years

after the expiration of the initial 10-year

maintenance period. In the case of the

Polk County area, attainment of both the

primary and secondary NAAQS has

been evident since 1988. The RACT

standards in place have achieved the

desired effect of a maintenance plan.

Therefore, the maintenance plan for the

Polk County area will also include

continued implementation of the RACT

standards specified in TDEC Rule 1200–

3–19–.19. In the case of the New

Johnsonville area, attainment of both the

primary and secondary NAAQS has

been evident since 1981. The RACT

standards in place have achieved the

desired effect of a maintenance plan.

Therefore, the maintenance plan for the

New Johnsonville area will also include

continued implementation of the RACT

standards specified in TDEC Rule 1200–

3–19–.14.

Any violation of the NAAQS for SO2

will trigger initiation of TDEC’s

contingency plan for the Polk County

and New Johnsonville areas. TDEC

regulations contained in Chapter 20

require companies to maintain logs for

malfunctions and upsets. This includes

production of records and log notes

regarding operation of processes or fuel

burning, control room data, and

pollution control equipment data. In the

event of exceedances of the NAAQS, a

field visit within 30 days will be

conducted by the TDEC and a field

report shall be completed within 45

days concerning the findings and

conclusions. The following three-fold

approach shall be utilized based on the

particular situation described below.

1. If current SIP emission limits are

exceeded, then the TDEC will proceed

with enforcement action according to

the Tennessee EPA enforcement

agreement. Corrective action measures

will be required by the TDEC in a timely

manner. The TDEC requires a form

entitled APC–19, ‘‘Proposed Schedule

for Corrective Action’’, to be returned

which outlines specific measures and

time frames for facilities to bring the

violating source into compliance in a

timely manner.

2. If no emission limits are exceeded

and it is determined that the current SIP

requirements are inadequate to maintain

the NAAQS, within 60 days of issuance

of the field report revised SIP permits
Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Rules and Regulations 62697

with more stringent emission limits will

be formulated. A compliance schedule

to achieve the revised emission limits

will be incorporated in any new permits

as part of the SIP.

3. If there is an exceedance of the SO2

standard and no emission limit is

violated and the TDEC has evidence that

the ambient exceedance resulted from a

permitted source or a non-permitted

source due to an accidental release, the

situation would be handled using one of

the two following methods.

(1) If the source is permitted and is

within the maintenance area, a plan of

future action will be formulated within

90 days by the facility acceptable to the

TDEC to either prevent and/or handle

incidents of this nature.

(2) If the source is not permitted, the

TDEC will contact the party and

negotiate, if possible, a voluntary plan

of action for the future.

Section 107(d)(3)(E)(v). The State

containing such area has met all

requirements applicable to the area

under Section 110 and Part D.

Tennessee has complied with all

requirements for section 110 of the CAA

and part D. The implementation plan

meets the requirements of section 110 of

the CAA and the RACT plan in place

provides specific emission limits to

minimize SO2 emissions. Part D entitled

Plan Requirement for Nonattainment

Area lists general plans for

nonattainment areas which include

attainment dates, incorporating RACT,

tracking reasonable further progress

(RFP), compiling periodic inventories,

adopting enforceable measures, and

permitting new and modified sources in

accordance with section 173 while not

interfering with RFP. All of the above

measures have been adopted by the

TDEC and approved in the SIP.

Therefore, all of the requirements for

section 107(d)(3)(E) have been satisfied.

Final Action

In this action, EPA is approving the

Polk County area SO2 maintenance plan

submitted on April 17, 1995, and the

New Johnsonville area SO2 maintenance

plan submitted on December 17, 1993,

because both meet the requirements of

section 175A. In addition, the Agency is

approving the request to redesignate the

Polk County and New Johnsonville SO2

areas to attainment, because the State

has demonstrated compliance with the

requirements of section 107(d)(3)(E) for

redesignation.

The SO2 SIP is designed to satisfy the

requirements of part D of the CAA and

to provide for attainment and

maintenance of the SO2 NAAQS. This

final redesignation should not be

interpreted as authorizing the State to

delete, alter, or rescind any of the SO2

emission limitations and restrictions

contained in the approved SO2 SIP.

Changes to SO2 SIP regulations

rendering them less stringent than those

contained in the EPA approved plan

cannot be made unless a revised plan

for attainment and maintenance is

submitted to and approved by EPA.

Unauthorized relaxations, deletions,

and changes could result in both a

finding of non-implementation [section

173(b) of the CAA] and in a SIP

deficiency call made pursuant to section

110(a)(2)(H) of the CAA.

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective January 26, 1998

unless, by December 26, 1997 adverse or

critical comments are received, or the

areas fail to continue in attainment

status until the final notice approving

such redesignation is effective.

If the EPA receives such comments or

the areas fail to continue in attainment

status until the final action approving

such redesignation is effective, this

action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will be addressed in

a subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective January 26, 1998.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

Redesignation of an area to attainment

under section 107(d)(3)(E) of the CAA

does not impose any new requirements

on small entities. Redesignation is an

action that affects the status of a

geographical area and does not impose

any regulatory requirements on sources.

The Regional Administrator certifies

that the approval of the redesignation

request will not affect a substantial

number of small entities.

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the
62698 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Rules and Regulations

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by January 26, 1998.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule 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

40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Reporting and recordkeeping

requirements, Sulfur oxides.

40 CFR Part 81

Air pollution control, National parks,

Wilderness areas.

Dated: October 10, 1997.

A. Stanley Meiburg,

Acting Regional Administrator.

Chapter I, title 40, Code of Federal

Regulations, is amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart RR—Tennessee

2. Section 52.2220 is amended by

adding paragraphs (c)(159) and (160) to

read as follows:

§ 52.2220 Identification of plan.

* * * * *

(c) * * *

(159) The maintenance plan and

redesignation request for the Polk

County area submitted by the Tennessee

Department of Environment and

Conservation on April 17, 1995, as part

of the Tennessee SIP.

(i) Incorporation by reference. The

following sections of the Tennessee

Department of Environment and

Conservation Board Order Number 95–

24: VI. Maintenance and contingency

plan adopted on April 12, 1995.

(ii) Other material. None.

(160) The maintenance plan and

redesignation request for the New

Johnsonville Area which includes that

portion of Benton and that portion of

Humphreys Counties, Tennessee,

surrounding TVA’s Johnsonville plant

submitted by the Tennessee Department

of Environment and Conservation on

December 17, 1993, as part of the

Tennessee SIP.

(i) Incorporation by reference. The

following sections of the Tennessee

Department of Environment and

Conservation Board Order Number 93–

25: I. Maintenance Plan; and II.

Contingency Plan adopted on December

15, 1993.

(ii) Other material. None.

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42.U.S.C. 7401–7671q.

Subpart C—Section 107 Attainment

Status Designations

2. In § 81.343, the ‘‘Tennessee-SO2’’

table is amended by revising the entries

for ‘‘That portion of Benton County

surrounding TVA’s Johnsonville plant’’,

‘‘That portion of Humphreys County

surrounding TVA’s Johnsonville plant’’,

and ‘‘Polk County’’ to read as follows:.

§ 81.343 Tennessee

* * * * *

TENNESSEE—SO2

Designated area

Does not

meet primary standards

Does not

meet secondary

standards

Cannot be

classified

Better than

national

standards

That portion of Benton County surrounding TVA’s Johnsonville plant ............................. .................... .................... .................... X

* * * * * * *

That portion of Humphreys County surrounding TVA’s Johnsonville plant ...................... .................... .................... .................... X

* * * * * * *

Polk County ....................................................................................................................... .................... .................... .................... X

* * * * * * *

* * * * *

[FR Doc. 97–30952 Filed 11–24–97; 8:45 am]

BILLING CODE 6560–50–U