35830 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

Section Remove Add in its place

1230.50 ......... Office of Federal Records Centers, National Archives (NC),

Washington, DC 20408.

Office of Regional Records Services (NR), 8601 Adelphi Rd.,

College Park, MD 20740–6001

PART 1234—ELECTRONIC RECORDS

MANAGEMENT

5. In § 1234.10(a), remove the words

‘‘Office of Records Administration (NI),

Washington, DC 20408’’, and add in

their place the words ‘‘Modern Records

Programs (NWM), 8601 Adelphi Rd.,

College Park, MD 20740–6001’’.

PART 1238—PROGRAM ASSISTANCE

6. In § 1238.2, remove the words

‘‘Agency Services Division, Office of

Records Administration, National

Archives (NIA), Washington, DC 20408’’

and add in their place the words

‘‘NARA Life Cycle Management

Division (NWML), 8601 Adelphi Rd.,

College Park, MD 20740–6001’’.

7. Also in § 1238.2, remove the words

‘‘director of the appropriate Federal

records center regarding records in or

scheduled for transfer to the records

center, or the director of the appropriate

regional archives regarding records in or

scheduled for transfer to the regional

archives’’ and add in their place the

words ‘‘appropriate Regional

Administrator regarding records in or

scheduled for transfer to the records

center and/or the archival operations

within the region’’.

Dated: June 25, 1998.

John W. Carlin,

Archivist of the United States.

[FR Doc. 98–17462 Filed 6–30–98; 8:45 am]

BILLING CODE 7515–01–P

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AF85

Veterans Education: Suspension and

Discontinuance of Payments

AGENCIES: Department of Defense,

Department of Transportation (Coast

Guard), and Department of Veterans

Affairs.

ACTION: Final rule.

SUMMARY: This document makes

changes to the Department of Veterans

Affairs (VA) education regulations. It

requires that a Director of a VA field

station obtain recommendations from a

Committee on Educational Allowances

before deciding whether to suspend or

discontinue payments of educational

assistance when educational institutions

(including training establishments) fail

to meet requirements. It also establishes

procedural and composition

requirements for the Committees, and it

establishes hearing rules for the

Committees. In addition, it provides that

upon the request of the affected

educational institution, the Director of

the Education Service will determine,

on the basis of the evidence of record,

appeals of a decision concerning such

suspension or discontinuance of

payments of educational assistance. The

changes apply to the following

educational assistance programs:

Montgomery GI Bill—Active Duty,

Montgomery GI Bill—Selected Reserve,

Survivors’ and Dependents’ Educational

Assistance, the Post-Vietnam Era

Veterans’ Educational Assistance

Program, and the Educational

Assistance Pilot Program. The changes

are appropriate to ensure proper

decisionmaking. In addition,

nonsubstantive changes are made for the

purpose of clarification.

DATES: Effective Date: July 31, 1998.

FOR FURTHER INFORMATION CONTACT:

William G. Susling, Jr., Education

Advisor, Education Service, Veterans

Benefits Administration, Department of

Veterans Affairs, (202) 273–7187.

SUPPLEMENTARY INFORMATION: In a

document published in the Federal

Register on August 28, 1997 (62 FR

45596), VA, the Department of Defense,

and the Department of Transportation

(Coast Guard) proposed to amend the

‘‘Administration of Educational

Assistance Programs’’ regulations which

are set forth at 38 CFR 21.4001 et seq.

It was proposed to make changes to the

regulations concerning suspension or

discontinuance of payments of

educational assistance when

educational institutions (including

training establishments) fail to meet

requirements to report certain

occurrences concerning the enrollments

of individuals in the following

educational assistance programs:

Montgomery GI Bill—Active Duty,

Montgomery GI Bill—Selected Reserve,

Survivors’ and Dependents’ Educational

Assistance, the Post-Vietnam Era

Veterans’ Educational Assistance

Program (VEAP), and the Educational

Assistance Pilot Program.

Interested persons were given 60 days

to submit comments. One comment was

received from the National Association

of State Approving Agencies (NASAA).

The provisions of proposed

§ 21.4210(e) stated, in part:

(e) Actions that must accompany a mass

suspension of educational assistance

payments or suspension of approval of

enrollments and reenrollments in a course or

educational institution. (1) The Director of

the VA facility of jurisdiction may suspend

payment of educational assistance and may

suspend approval of new enrollments and

reenrollments as provided in paragraph (d) of

this section, only after:

(i) The Director notifies in writing the State

approving agency concerned and the

educational institution of any failure to meet

the approval requirements and any violation

of recordkeeping or reporting requirements;

and

(ii) The educational institution—

(A) Refuses to take corrective action; or

(B) Does not take corrective action within

60 days (or 90 days if permitted by the

Director).

NASAA suggested that an alternative

should be added to avoid a suspension

if a State approving agency took action

to resolve the failure to meet approval

requirements, and a report of the

corrective action were made to VA

within 30 days of the Director’s

notification. No changes are made based

on this comment. The rule provides for

notice to the State approving agency and

we would expect the State approving

agency to become involved in the

matter. However, the provisions of the

rule allowing corrective action to be

taken within 60 or 90 days would
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35831

obviate any need to include an

alternative that corrective action be

taken within 30 days if taken as a result

of prompting from the State approving

agency.

Based on the rationale set forth in this

document and in the proposed rule, the

provisions of the proposed rule are

adopted without change except that the

final rule corrects a citation in

§ 21.4008.

The Department of Defense (DOD) and

VA are jointly issuing this final rule

insofar as it relates to VEAP. This

program is funded by DOD and

administered by VA. DOD, the

Department of Transportation (Coast

Guard), and VA are jointly issuing this

final rule insofar as it relates to the

Montgomery GI Bill—Selected Reserve

program. This program is funded by

DOD and the Coast Guard, and is

administered by VA. The remainder of

this final rule is issued solely by VA.

The Secretary of Defense, the

Commandant of the Coast Guard, and

the Secretary of Veterans Affairs, within

their respective jurisdictions, hereby

certify that this final rule will not have

a significant economic impact on a

substantial number of small entities as

they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601–612.

Although it is possible that a smallentity school could be affected by this

final rule, the number of individuals

affected at the school would in all

likelihood be an insignificant portion of

the student body. Also, experience has

shown that only one or two schools per

year will be affected by the provisions

of this final rule concerning suspensions

and discontinuance of payments.

Therefore, pursuant to 5 U.S.C. 605(b),

this final rule is exempt from the initial

and final regulatory flexibility analyses

requirements of sections 603 and 604.

The Catalog of Federal Domestic

Assistance numbers for programs

affected by this final rule are 64.117,

64.120, and 64.124. There is no Catalog

of Federal Domestic Assistance number

for the Montgomery GI Bill—Selected

Reserve program.

List of Subjects in 38 CFR Part 21

Administrative practice and

procedure, Armed forces, Civil rights,

Claims, Colleges and universities,

Conflict of interests, Defense

Department, Education, Employment,

Grant programs—education, Grant

programs—veterans, Health care, Loan

programs—education, Loan programs—

veterans, Manpower training programs,

Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: March 17, 1998.

Togo D. West, Jr.,

Acting Secretary.

Approved: May 1, 1998.

Normand G. Lezy,

Lieutenant General, USAF, Deputy Assistant

Secretary (Military Personnel Policy),

Department of Defense.

Approved: April 24, 1998.

G.F. Woolver,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Human Resources.

For the reasons set out in the

preamble, 38 CFR part 21 (subparts D,

G, K, and L) is amended as set forth

below:

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart D—Administration of

Educational Assistance Programs

1. The authority citation for part 21,

subpart D is revised to read as follows:

Authority: 10 U.S.C. 2147 note, ch. 1606;

38 U.S.C. 501(a), chs. 30, 32, 34, 35, 36,

unless otherwise noted.

§ 21.4008 [Amended]

2. Section 21.4008 is amended by

removing ‘‘§ 21.4134’’, and adding, in its

place, ‘‘§ 21.4210’’.

§ 21.4133 [Removed]

3. Section 21.4133 is removed.

§ 21.4134 [Removed]

4. Section 21.4134 is removed.

5. In § 21.4135, paragraph (f) is

revised; introductory text is added to

paragraph (j); paragraph (j)(1) is revised;

the heading for paragraph (k) is revised;

introductory text is added to paragraph

(k); and paragraph (k)(1) is revised, to

read as follows:

§ 21.4135 Discontinuance dates.

* * * * *

(f) Discontinued by VA (§§ 21.4215,

21.4216). If VA discontinues payments

of educational assistance as provided by

§§ 21.4215(d) and 21.4216, the effective

date of discontinuance will be as

follows:

(1) The date on which payments first

were suspended by the Director of a VA

facility as provided in § 21.4210, if the

discontinuance were preceded by such

a suspension.

(2) End of the month in which the

decision to discontinue is effective

pursuant to § 21.4215(d), if the Director

of a VA facility did not suspend

payments prior to the discontinuance.

(Authority: 38 U.S.C. 3690)

* * * * *

(j) Disapproval by State approving

agency (§ 21.4259(a)). If a State

approving agency disapproves a course,

the date of discontinuance of payments

to those receiving educational assistance

while enrolled in the course will be as

follows:

(1) The date on which payments first

were suspended by the Director of a VA

facility as provided in § 21.4210, if

disapproval were preceded by such a

suspension.

* * * * *

(k) Disapproval by Department of

Veterans Affairs (§§ 21.4215,

21.4259(c)). If VA disapproves a course,

the date of discontinuance of payments

to those receiving educational assistance

while enrolled in the course will be as

follows:

(1) Date on which payments first were

suspended by the Director of a VA

facility as provided in § 21.4210, if

disapproval were preceded by such a

suspension.

* * * * *

§ 21.4146 [Amended]

6. Section 21.4146(e) is amended by

removing ‘‘§§ 21.4207 and

21.4202(b)(4)’’ and adding, in its place,

‘‘§§ 21.4210(g) and 21.4212’’.

§ 21.4152 [Amended]

7. Section 21.4152(b)(2) is amended

by removing ‘‘§ 21.4202’’ and adding, in

its place, ‘‘§ 21.4210(d)’’.

§ 21.4202 [Amended]

8. In § 21.4202, paragraphs (a) and (b)

are removed and reserved.

§ 21.4207 [Removed]

9. Section 21.4207 is removed.

§ 21.4208 [Removed]

10. Section 21.4208 is removed.

11. Section 21.4210 is added to read

as follows:

§ 21.4210 Suspension and discontinuance

of educational assistance payments and of

enrollments or reenrollments for pursuit of

approved courses.

(a) Overview. (1) VA may pay

educational assistance to an individual

eligible for such assistance under 10

U.S.C. chapter 1606, or 38 U.S.C.

chapter 30, 32, 35, or 36, only if the

individual is pursuing a course

approved in accordance with the

provisions of 38 U.S.C. chapter 36. In

general, courses are approved for this

purpose by a State approving agency

designated to do so (or by VA in some

instances). Notwithstanding such

approval, however, VA, as provided in

paragraphs (b), (c), and (d) of this
35832 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

section, may suspend, discontinue, or

deny payment of benefits to any or all

otherwise eligible individuals for

pursuit of courses or training approved

under 38 U.S.C. chapter 36.

(2) For the purposes of this section

and the purposes of §§ 21.4211 through

21.4216, except as otherwise expressly

stated to the contrary—

(i) The term ‘‘course’’ includes an

apprenticeship or other on-job training

program;

(ii) The term ‘‘educational institution’’

includes a training establishment; and

(iii) Reference to action suspending,

discontinuing, or otherwise denying

enrollment or reenrollment means such

action with respect to providing

educational assistance under the

chapters listed in paragraph (a)(1) of this

section.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3452, 3671, 3690)

(b) Denial of payment in individual

cases. VA may deny payment of

educational assistance to a specific

individual for pursuit of a course or

courses if, following an examination of

the individual’s case, VA has credible

evidence affecting that individual that—

(1) The course fails to meet any of the

requirements of 10 U.S.C. chapter 1606,

or 38 U.S.C. chapter 30, 32, 34, 35, or

36; or

(2) The educational institution

offering the individual’s course has

violated any of those requirements of

law.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690(b)(1), 3690(b)(2))

(c) Notice in individual cases. Except

as provided in paragraph (e) of this

section, when VA denies payment of

educational assistance to an individual

under paragraph (b) of this section, VA

will provide concurrent written notice

to the individual. The notice shall

state—

(1) The adverse action;

(2) The reasons for the action; and

(3) The individual’s right to an

opportunity to be heard thereon in

accordance with part 19 of this title.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(d) Actions affecting groups. (1) The

Director of the VA facility of jurisdiction

may suspend payments of educational

assistance to all veterans,

servicemembers, reservists, or eligible

persons already enrolled in a course,

and may disapprove all further

enrollments or reenrollments of

individuals seeking VA educational

assistance for pursuit of the course. The

decision to take such action, except as

provided in paragraph (d)(2) of this

section, must be based on evidence of a

substantial pattern of veterans,

servicemembers, reservists, or eligible

persons enrolled in the course receiving

educational assistance to which they are

not entitled because:

(i) One or more of the course approval

requirements of 38 U.S.C. chapter 36 are

not met, including the course approval

requirements specified in §§ 21.4253,

21.4254, 21.4261, 21.4262, 21.4263, and

21.4264; or

(ii) The educational institution

offering the course has violated one or

more of the recordkeeping or reporting

requirements of 10 U.S.C. chapter 1606,

or of 38 U.S.C. chapters 30, 32, 34, 35,

and 36. These violations may include,

but are not limited to, the following:

(A) Willful and knowing submission

of false reports or certifications

concerning students or courses of

education;

(B) Failure to report to VA a veteran’s,

servicemember’s, reservist’s, or eligible

person’s reduction, discontinuance, or

termination of education or training; or

(C) Submission of improper or

incorrect reports in such number,

manner, or period of time as to indicate

negligence on its part, including failure

to maintain an adequate reporting or

recordkeeping system.

(2) The Director also may make a

decision to take the action described in

paragraph (d)(1) of this section when the

Director has evidence that one or more

prohibited assignments of benefits have

occurred at an educational institution as

a result of that educational institution’s

policy. This decision may be made

regardless of whether there is a

substantial pattern of erroneous

payments at the educational institution.

See § 21.4146.

(3) The Director may disapprove the

enrollment of all individuals not already

enrolled in an educational institution

(which for the purposes of this

paragraph does not include a training

establishment) when the Director finds

that the educational institution:

(i) Has charged or received from

veterans, servicemembers, reservists, or

eligible persons an amount for tuition

and fees in excess of the amount

similarly circumstanced nonveterans are

required to pay for the same course; or

(ii) Has instituted a policy or practice

with respect to the payment of tuition,

fees, or other charges that substantially

denies to veterans, servicemembers,

reservists, or eligible persons the

benefits of advance payment of

educational assistance authorized to

such individuals under §§ 21.4138(d),

21.7140(a), and 21.7640(d); or

(iii) Has used erroneous, deceptive, or

misleading practices as set forth in

§ 21.4252(h).

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3680A(d), 3684, 3685, 3690,

3696, 5301)

(e) Actions that must accompany a

mass suspension of educational

assistance payments or suspension of

approval of enrollments and

reenrollments in a course or educational

institution. (1) The Director of the VA

facility of jurisdiction may suspend

payment of educational assistance and

may suspend approval of new

enrollments and reenrollments as

provided in paragraph (d) of this

section, only after:

(i) The Director notifies in writing the

State approving agency concerned and

the educational institution of any failure

to meet the approval requirements and

any violation of recordkeeping or

reporting requirements; and

(ii) The educational institution—

(A) Refuses to take corrective action;

or

(B) Does not take corrective action

within 60 days (or 90 days if permitted

by the Director).

(2) Not less than 30 days before the

Director acts to make a mass suspension

of payments of educational assistance

and/or suspend approval of new

enrollments and reenrollments, the

Director will, to the maximum extent

feasible, provide written notice to each

veteran, servicemember, reservist, and

eligible person enrolled in the affected

courses. The notice will:

(i) State the Director’s intent to

suspend payments and/or suspend

approval of new enrollments and

reenrollments unless the educational

institution takes corrective action;

(ii) Give the reasons why the Director

intends to suspend payments and/or

suspend approval of new enrollments

and reenrollments; and

(iii) State the date on which the

Director intends to suspend payments

and/or suspend approval of new

enrollments and reenrollments.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690(b))

(f) Actions in cases indicating

submission of false, misleading, or

fraudulent claims or statements. The

Director of the VA facility of jurisdiction

will take the following action, as

indicated, that may be in addition to

suspending payments or further

approval of enrollments or

reenrollments in a course or educational

institution.

(1) If the Director has evidence

indicating that an educational

institution has willfully submitted a
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35833

false or misleading claim, or that a

veteran, servicemember, reservist,

eligible person, or other person, with

the complicity of an educational

institution, has submitted such a claim,

the Director will make a complete report

of the facts of the case to the appropriate

State approving agency and to the Office

of Inspector General for appropriate

action.

(2) If the Director believes that an

educational institution has submitted a

false, fictitious, or fraudulent claim or

written statement within the meaning of

the Program Fraud Civil Remedies Act

(31 U.S.C. 3801–3812) or that a veteran,

servicemember, reservist, eligible

person, or other person, with the

complicity of an educational institution,

has submitted such a claim or made

such a written statement, the Director

will follow the procedures in part 42 of

this title.

(Authority: 10 U.S.C. 16136(b); 31 U.S.C.

3801–3812; 38 U.S.C. 3034(a), 3241(a),

3690(d))

(g) Referral to the Committee on

Educational Allowances. If the Director

of the VA facility of jurisdiction

suspends payment of educational

assistance to, or suspends approval of

the enrollment or reenrollment of,

individuals in any course or courses as

provided in paragraph (d) of this

section, the Director will refer the

matter to the Committee on Educational

Allowances as provided in § 21.4212.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(h) Withdrawal of referral to

Committee on Educational Allowances.

(1) If, following a suspension of

payments and/or of approval of

enrollments or reenrollments, the

Director of the VA facility of jurisdiction

determines that the conditions which

justified the suspension have been

corrected, and the State approving

agency has not withdrawn or suspended

approval of the course or courses, the

Director may resume payments to and/

or approval of enrollments or

reenrollments of the affected veterans,

servicemembers, reservists, or eligible

persons. If the case has already been

referred to the Committee on

Educational Allowances under

paragraph (g) of this section at the time

such action is taken, the Director will

advise the Committee that the original

referral is withdrawn.

(2) If, following a referral to the

Committee on Educational Allowances,

the Director finds that the State

approving agency will suspend or

withdraw approval, the Director may, if

otherwise appropriate, advise the

Committee that the original referral is

withdrawn.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

12. Section 21.4211 is added to read

as follows:

§ 21.4211 Composition, jurisdiction, and

duties of Committee on Educational

Allowances.

(a) Authority. VA is authorized by 38

U.S.C. 3690 to discontinue educational

benefits to veterans, servicemembers,

reservists, or eligible persons when VA

finds that the program of education or

course in which such individuals are

enrolled fails to meet any of the

requirements of 38 U.S.C. chapter 30,

32, 34, 35, or 36, or 10 U.S.C. chapter

1606, or the regulations in this part, or

when VA finds an educational

institution or training establishment has

violated any such statute or regulation,

or fails to meet any such statutory or

regulatory requirement. Sections

21.4210 and 21.4216 implement that

authority. This section provides for

establishment of a Committee on

Educational Allowances within each VA

facility of jurisdiction whose findings of

fact and recommendations will be

provided to the Director of that VA

facility, to whom such authority to

discontinue educational benefits or

disapprove enrollments or

reenrollments has been delegated.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(b) Purpose. (1) The Committee on

Educational Allowances is established

to assist the Director of the VA facility

of jurisdiction in reaching a conclusion

as to whether, in a specific case,

educational assistance to all individuals

enrolled in any course or courses

offered by the educational institution

should be discontinued and, if

appropriate, whether approval of all

further enrollments or reenrollments in

those courses should be denied to

veterans, servicemembers, reservists, or

other eligible persons pursuing those

courses under programs administered

by VA because a requirement of 38

U.S.C. chapter 30, 32, 34, 35, or 36, or

10 U.S.C. chapter 1606, or the

regulations in this part, is not being met

or a provision of such statute or

regulation has been violated.

(2) The function of the Committee on

Educational Allowances is to develop

facts and recommend action to be taken

on the basis of the facts found. A

hearing before the Committee is not in

the nature of a trial in a court of law.

Instead, it is an administrative inquiry

designed to create a full and complete

record upon which a recommendation

can be made as to whether the Director

should discontinue payment of

educational benefits and/or deny

approval of new enrollments or

reenrollments. Both the interested

educational institution and VA Regional

Counsel, or designee, representing VA,

will be afforded the opportunity to

present to the Committee any evidence,

argument, or other material considered

pertinent.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(c) Jurisdiction. The Committee on

Educational Allowances will consider

only those cases which are referred in

accordance with §§ 21.4210(g) and

21.4212.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(d) Committee members. The

Committee on Educational Allowances

will consist of three employees of the

VA facility of jurisdiction, at least one

of whom is familiar with the

adjudication of claims for benefits

administered by the Veterans Benefits

Administration. The Director of the VA

facility of jurisdiction will designate a

Chairperson. In the event that any

member becomes unable to serve for any

reason, the Director may appoint a

replacement member. Before the

Committee resumes its proceedings, the

new member will be given an

opportunity to apprise himself or herself

of the actions and testimony already

taken by the Committee.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(e) Duties and responsibilities of the

Committee. (1) The function of the

Committee on Educational Allowances

is to make recommendations to the

Director of the VA facility of jurisdiction

in connection with specific cases

referred for consideration as provided in

§§ 21.4210(g) and 21.4212.

(2) The performance of this function

will include:

(i) Hearing testimony or argument

from witnesses or representatives of

educational institutions and VA, as

appropriate, when such persons appear

personally before the Committee;

(ii) Receiving and reviewing all the

evidence, testimony, briefs, statements,

and records included in each case; and

(iii) Furnishing the Director of the VA

facility of jurisdiction a written

statement setting forth specifically the

question or questions considered, a

summation of the essential facts of

record, recommendations as to issues

referred for consideration by the

Committee, and the basis therefor. In

any case where there is not unanimity,
35834 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

both the majority and the minority

views and recommendations will be

furnished.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

13. Section 21.4212 is added to read

as follows:

§ 21.4212 Referral to Committee on

Educational Allowances.

(a) Form and content of referral to

Committee. When the Director of the VA

facility of jurisdiction refers a case to

the Committee on Educational

Allowances, as provided in § 21.4210(g),

the referral will be in writing and will—

(1) State the approval, reporting,

recordkeeping, or other criteria of

statute or regulation which the Director

has cause to believe the educational

institution has violated;

(2) Describe the substantial pattern of

veterans, servicemembers, reservists, or

eligible persons receiving educational

assistance to which they are not entitled

which the Director has cause to believe

exists, if applicable;

(3) Outline the nature of the evidence

relied on by the Director in reaching the

conclusions of paragraphs (a)(1) and

(a)(2) of this section;

(4) Describe the Director’s efforts to

obtain corrective action and the results

of those efforts; and

(5) Ask the Committee on Educational

Allowances to perform the functions

described in §§ 21.4211, 21.4213, and

21.4214 and to recommend to the

Director whether educational assistance

payable to individuals pursuing the

courses in question should be

discontinued and approval of new

enrollments or reenrollments denied.

(b) Notice of the referral. (1) At the

time of referral the Director will—

(i) Send notice of the referral,

including a copy of the referral

document, by certified mail to the

educational institution. The notice will

include statements that the Committee

on Educational Allowances will

conduct a hearing; that the educational

institution has the right to appear before

the Committee and be represented at the

hearing to be scheduled; and that, if the

educational institution intends to

appear at the hearing, it must notify the

Committee within 60 days of the date of

mailing of the notice;

(ii) Provide an information copy of the

notice and referral document to the

State approving agency of jurisdiction;

and

(iii) Place a copy of the notice and

referral document on display at the VA

facility of jurisdiction for review by any

interested party or parties.

(2) The Director will provide a copy

of the notice and referral document to

the VA Regional Counsel, or designee,

of jurisdiction, who will represent VA

before the Committee on Educational

Allowances.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

14. Section 21.4213 is added to read

as follows:

§ 21.4213 Notice of hearing by Committee

on Educational Allowances.

(a) Content of hearing notice. In any

case referred to the Committee on

Educational Allowances for

consideration, a hearing will be held. If,

as provided in § 21.4212(b), the

educational institution has timely

notified the Committee of its intent to

participate in the hearing, the

educational institution will be notified

by certified letter from the Chairperson

of the date when the hearing will be

held. This hearing notification will

inform the educational institution of—

(1) The time and place of the hearing;

(2) The matters to be considered;

(3) The right of the educational

institution to appear at the hearing with

representation by counsel, to present

witnesses, to offer testimony, to present

arguments, and/or to submit a written

statement or brief; and

(4) The complete hearing rules and

procedures.

(b) Expenses connected with hearing.

The notice also will inform the

educational institution that VA will not

pay any expenses incurred by the

educational institution resulting from its

participation in the hearing, including

the expenses of counsel or witnesses on

behalf of the educational institution.

(c) Publication of hearing notice.

Notice of the hearing will be published

in the Federal Register, which will

constitute notice to any interested

individuals, and will indicate that,

while such individuals may attend and

observe the hearing, they may not

participate unless called as witnesses by

VA or the educational institution.

(Authority: 10 U.S.C. 16136; 38 U.S.C.

3034(a), 3241(a), 3690)

15. Section 21.4214 is added to read

as follows:

§ 21.4214 Hearing rules and procedures

for Committee on Educational Allowances.

(a) Rule 1. The Chairperson of the

Committee on Educational Allowances

will be in charge of the proceedings,

will administer oaths or affirmations to

witnesses, and will be responsible for

the official conduct of the hearing. A

majority of the members of the

Committee will constitute a quorum. No

party to the proceedings may conduct a

voir dire of the Committee members.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(b) Rule 2. At the opening of the

hearing, the Chairperson of the

Committee on Educational Allowances

will inform the educational institution

of the purpose of the hearing, the nature

of the evidence of record relating to the

asserted failures or violations, and the

applicable provisions of law and VA

regulations. The Chairperson will advise

the VA Regional Counsel, or designee,

representing VA, that the Committee on

Educational Allowances will entertain

any relevant evidence or witnesses

which VA Counsel presents to the

Committee and which would

substantiate a decision by the

Committee to recommend that the

Director of the VA facility of jurisdiction

take an adverse action on the issues

submitted for its review. The

educational institution will be advised

of its right to present any evidence,

relevant to the issues submitted for the

Committee’s review, by oral or

documentary evidence; to submit

rebuttal evidence; to present and crossexamine witnesses; and to make such

statements as may be appropriate on its

behalf for a true and full disclosure of

the facts. VA Counsel will be allowed to

cross-examine any witnesses offered by

the educational institution and to reply

to any written briefs or arguments

submitted to the Committee.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(c) Rule 3. Any testimony or evidence,

either oral or written, which the

Committee on Educational Allowances

deems to be of probative value in

deciding the question at issue will be

admitted in evidence. While irrelevant,

immaterial, or unduly repetitious

evidence, testimony, or arguments

should be excluded, reasonable latitude

will be permitted with respect to the

relevancy, materiality, and competency

of evidence. In most instances the

evidence will consist of official records

of the educational institution and VA,

and these documents may be attested to

and introduced by affidavit; but the

introduction of oral testimony by the

educational institution or by VA will be

allowed, as appropriate, in any instance

where the educational institution or VA

Counsel desires. VA, however, will

neither subpoena any witness on behalf

of the educational institution for such

purposes nor bear any expenses in

connection with the appearance of such

witness. In instances where the

evidence reasonably available consists

of signed written statements, secondary

or hearsay evidence, etc., such evidence

may be introduced into the record and
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35835

will be given the weight and

consideration which the circumstances

warrant.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(d) Rule 4. A verbatim stenographic or

recorded transcript of the hearing will

be made. This transcript will become a

permanent part of the record, and a

copy will be furnished to the

educational institution and the VA

Counsel at the conclusion of the

proceeding, unless furnishing of the

copy of the transcript is waived by the

educational institution.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(e) Rule 5. The Chairperson of the

Committee on Educational Allowances

will identify all exhibits in the order of

introduction or receipt (numerically for

VA exhibits and alphabetically for

exhibits introduced by the educational

institution). All such original exhibits or

documents shall be attached to the

original of the transcript. VA shall make

photocopies or certified copies and

attach them to the copy of the transcript

furnished to the educational institution

and the VA Counsel. The original

transcript will accompany the

Committee’s recommendation to the

Director of the VA facility of jurisdiction

along with all exhibits, briefs, or written

statements received by the Committee

during the course of the proceedings.

Such documents should be clearly

marked to indicate which were received

into evidence and relied upon by the

Committee in making its

recommendations.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(f) Rule 6. The Committee on

Educational Allowances, at its

discretion, may reasonably limit the

number of persons appearing at the

hearing, including any affected

individuals presented as witnesses by

VA or the educational institution.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(g) Rule 7. Any person who is

presented to testify will be required to

be duly placed under oath or affirmation

by the Chairperson of the Committee on

Educational Allowances. If an official of

the educational institution desires to

present a statement personally, the

individual will be required to be placed

under oath or affirmation. The

Chairperson will advise each witness

that the Committee understands that he

or she is voluntarily appearing before

the Committee; that any testimony or

statement given will be considered as

being completely voluntary; and that no

one has authority to require the

individual to make any statement or

answer any question against his or her

will before the Committee, except that a

person called as a witness on behalf of

either VA or the educational institution

must be willing to submit to crossexamination with respect to testimony

given. Each witness will also be advised

that his or her testimony or statement,

if false, even though voluntary, may

subject him or her to prosecution under

Federal statutes.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(h) Rule 8. Any member of the

Committee on Educational Allowances

may question any witness presented to

testify at the hearing or either a

representative of the educational

institution or the VA Counsel

concerning matters that are relevant to

the question at issue. Generally,

questioning by a Committee member

will be limited to the extent of clarifying

information on the facts and issues

involved.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(i) Rule 9. If the educational

institution fails to timely notify the

Committee of its intent to participate in

a hearing or if a representative of the

educational institution is scheduled to

appear for a hearing but, without good

cause, fails to appear either in person or

by writing, the Committee will proceed

with the hearing and will review the

case on the basis of the evidence of

record which shall be presented by the

VA Counsel.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(j) Rule 10. Any objection by an

authorized representative of the

educational institution or the VA

Counsel on a ruling by the Chairperson

of the Committee on Educational

Allowances regarding the admissibility

of testimony or other evidence

submitted will be made a matter of

record, together with the substance in

brief of the testimony intended or other

evidence concerned. If the other

evidence concerned is in the form of an

affidavit or other document, it may be

accepted for filing as a future reference

if it is later ruled admissible as part of

the record of the hearing.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(k) Rule 11. Objections relating to the

jurisdiction or membership of the

Committee on Educational Allowances

or the constitutionality of statutes or the

constitutionality of, or statutory

authority for, VA regulations, are not

before the Committee for decision. The

time of the Committee will not be used

to hear arguments in this regard.

However, any such matters outside the

province of the Committee may be the

subject of a brief or a letter for

consideration by the VA Office of

General Counsel upon completion of the

hearing. The ruling of such authority

upon such issues will be obtained and

included in the record before the

Committee’s recommendations are

submitted to the Director of the VA

facility of jurisdiction. If the VA General

Counsel’s ruling on such legal issues

necessitates reopening the proceeding,

that shall be done before the Committee

makes its recommendations to the

Director of the VA facility of

jurisdiction.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(l) Rule 12. The hearing will be open

to the public.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(m) Rule 13. The hearing will be

conducted in an orderly manner with

dignity and decorum. The conduct of

members of the Committee on

Educational Allowances, the VA

Counsel, and any representatives of the

educational institution shall be

characterized by appropriate

impartiality, fairness, and cooperation.

The Chairperson of the Committee shall

take such action as may be necessary,

including suspension of the hearing or

the removal of the offending person

from the hearing room for misbehavior,

disorderly conduct, or the persistent

disregard of the Chairperson’s ruling.

Where this occurs, the Chairperson will

point out that the Committee is entitled

to every possible consideration in order

that the case may be presented clearly

and fully, which may be accomplished

only through observance of orderly

procedures.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(n) Rule 14. The Chairperson of the

Committee on Educational Allowances

will conduct the hearing proceedings in

such a manner that will protect from

disclosure information which tends to

disclose or compromise investigative

sources or methods or which would

violate the privacy of any individual.

The salient facts, which form the basis

of charges, may be disclosed and

discussed without revealing the source.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)
35836 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

(o) Rule 15. At the close of the

hearing, the Chairperson of the

Committee on Educational Allowances

shall inform the appropriate

representative of the educational

institution that the arguments and the

evidence presented will be given careful

consideration; and that notice of the

decision of the Director of the VA

facility of jurisdiction, together with the

Committee’s recommendations, will be

furnished to the educational institution

and the VA Counsel at the earliest

possible time. The Chairperson will also

indicate that notice of the Director’s

decision will be published in the

Federal Register for the information of

all other interested persons.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(p) Rule 16. In making its findings of

facts and recommendations, the

Committee on Educational Allowances

will consider only questions which are

referred to it by the Director of the VA

facility of jurisdiction as being at issue

and which are within the jurisdiction of

the Committee.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

16. Section 21.4215 is added to read

as follows:

§ 21.4215 Decision of Director of VA

facility of jurisdiction.

(a) Decision. The Director of the VA

facility of jurisdiction will render a

written decision on the issue of

discontinuance of payments of benefits

and/or denial of further enrollments or

reenrollments in the course or courses at

the educational institution which was

the subject of the Committee on

Educational Allowances proceedings.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(b) Basis of decision. (1) The decision

of the Director of the VA facility of

jurisdiction will be based upon all

admissible evidence of record,

including—

(i) The recommendations of the

Committee on Educational Allowances;

(ii) The hearing transcript and the

documents admitted in evidence; and

(iii) The ruling on legal issues referred

to appropriate authority.

(2) The decision will clearly describe

the evidence and state the facts on

which the decision is based and, in the

event that the decision differs from the

recommendations of the Committee on

Educational Allowances, will give the

reasons and facts relied upon by the

Director in deciding not to follow the

Committee majority’s recommendations.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(c) Correction of deficiencies. If the

Director of the VA facility of jurisdiction

believes that the record provided for

review is incomplete or for any reason

should be reopened, before rendering a

decision he or she will order VA staff to

gather any additional necessary

evidence and will notify the educational

institution that it may comment upon

the new evidence added. The Director

will then notify the educational

institution as to whether the matter will

be resubmitted to the Committee on

Educational Allowances for further

proceedings, on the basis of the new

circumstances. If the matter is referred

back to the Committee, the Director will

defer a decision until he or she has

received the Committee’s new

recommendations based upon all of the

evidence of record.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(d) Effective date. If the decision of

the Director of the VA facility of

jurisdiction is adverse to the

educational institution, the decision

shall indicate specifically the effective

date of each adverse action covered by

the decision.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

(e) Notification of decision. (1) The

Director of the VA facility of jurisdiction

shall send a copy of the decision to the

educational institution by certified mail,

return receipt requested. A copy of the

decision also will be provided by

regular mail to the institution’s legal

representative of record, if any. If the

decision is adverse to the educational

institution, the Director will enclose a

notice of the educational institution’s

right to have the Director, Education

Service review the decision.

(2) The Director of the VA facility of

jurisdiction will also send a copy of the

decision to:

(i) The State approving agency; and

(ii) VA Counsel.

(3) The Director of the VA facility of

jurisdiction shall post a copy of the

decision at the VA facility of

jurisdiction. A copy of the decision

shall be published in the Federal

Register.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

17. Section 21.4216 is added to read

as follows:

§ 21.4216 Review of decision of Director of

VA facility of jurisdiction.

(a) Decision is subject to review by

Director, Education Service. A review by

the Director, Education Service of a

decision of a Director of a VA facility of

jurisdiction to terminate payments or

disapprove new enrollments or

reenrollments, when requested by the

educational institution, will be based on

the evidence of record when the

Director of the VA facility of jurisdiction

made that decision. It will not be de

novo in nature and no hearing on

review will be held.

(b) Authority of Director, Education

Service. The Director, Education Service

has the authority to affirm, reverse, or

remand the original decision. In the case

of such a review, the reviewing official’s

decision, other than a remand, shall

become the final Department decision

on the issue presented.

(c) Notice of decision of Director,

Education Service is required. Notice of

the reviewing official’s decision will be

provided to the interested parties and

published in the Federal Register, in the

same manner as is provided in

§ 21.4215(e) for decisions of the Director

of the VA facility of jurisdiction, for the

information of all concerned.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

Subpart G—Post-Vietnam Era

Veterans’ Educational Assistance

Under 38 U.S.C. Chapter 32

18. The authority citation for part 21,

subpart G is revised to read as follows:

Authority: 38 U.S.C. 501(a), chs. 32, 36,

unless otherwise noted.

§ 21.5130 [Amended]

19. In § 21.5130, paragraphs (b) and

(c) are removed, and paragraphs (d), (e),

(f), and (g) are redesignated as

paragraphs (b), (c), (d), and (e),

respectively.

§ 21.5200 [Amended]

20. In § 21.5200, the introductory text

is amended by removing ‘‘in the same

manner as they are applied in the

administration of chapters 34 and 36’’;

paragraph (h) is removed; paragraph (j)

is redesignated as paragraph (h); and

paragraph (i) is revised and paragraphs

(j), (k), (l), (m), (n), and (o) are added,

to read as follows:

§ 21.5200 Schools.

* * * * *

(i) Section 21.4210—Suspension and

discontinuance of educational

assistance payments and of enrollments

or reenrollments for pursuit of approved

courses.

(j) Section 21.4211—Composition,

jurisdiction and duties of Committee on

Educational Allowances.

(k) Section 21.4212—Referral to

Committee on Educational Allowances.
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35837

(l) Section 21.4213—Notice of hearing

by Committee on Educational

Allowances.

(m) Section 21.4214—Hearing rules

and procedures for Committee on

Educational Allowances.

(n) Section 21.4215—Decision of

Director of VA facility of jurisdiction.

(o) Section 21.4216—Review of

decision of Director of VA facility of

jurisdiction.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3034(a), 3241(a), 3690)

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

21. The authority citation for part 21,

subpart K, is revised to read as follows:

Authority: 38 U.S.C. 501(a), chs. 30, 36,

unless otherwise noted.

22. Section 21.7133 is revised to read

as follows:

§ 21.7133 Suspension or discontinuance

of payments.

VA may suspend or discontinue

payments of educational assistance. In

doing so, VA will apply §§ 21.4210

through 21.4216.

(Authority: 38 U.S.C. 3034, 3690)

§ 21.7135 [Amended]

23. In § 21.7135, paragraph (i)

introductory text and paragraph (i)(2)

are amended by removing ‘‘§ 21.4207’’

and adding, in its place, ‘‘§ 21.4211(d)

and (g)’’; and paragraphs (i)(1), (j)(1),

and (k)(1) are amended by removing

‘‘§ 21.4134’’ wherever it appears, and

adding, in its place, ‘‘§ 21.4210’’.

24. In § 21.7158, the section heading,

paragraph (b)(2), and the authority

citation for paragraph (b) are revised, to

read as follows:

§ 21.7158 False, late, or missing reports.

* * * * *

(b) * * *

(2) If an educational institution or

training establishment willfully and

knowingly submits a false report or

certification, VA may disapprove that

institution’s or establishment’s courses

for further enrollments and may

discontinue educational assistance to

veterans and servicemembers already

enrolled. In doing so, VA will apply

§§ 21.4210 through 21.4216.

(Authority: 38 U.S.C. 3034, 3690)

Subpart L—Educational Assistance for

Members of the Selected Reserve

25. The authority citation for part 21,

subpart L is revised to read as follows:

Authority: 10 U.S.C. ch. 1606; 38 U.S.C.

501(a), ch. 36, unless otherwise noted.

§ 21.7624 [Amended]

26. Section 21.7624(b) is amended by

removing ‘‘21.4202(b)’’ and adding, in

its place, ‘‘21.4210(b)’’.

27. Section 21.7633 is revised to read

as follows:

§ 21.7633 Suspension or discontinuance

of payments.

VA may suspend or discontinue

payments of educational assistance. In

doing so, VA will apply §§ 21.4210

through 21.4216.

(Authority: 10 U.S.C 16136(b); 38 U.S.C.

3690)

§ 21.7635 [Amended]

28. In § 21.7635, the introductory text

of paragraph (e) is amended by

removing ‘‘§ 21.4207 of this part’’, and

adding, in its place, ‘‘§ 21.4211(d) and

(g)’’; paragraph (e)(2) is amended by

removing ‘‘§ 21.4207 of this part’’, and

adding, in its place, ‘‘§ 21.4211(d) and

(g)’’; and paragraphs (e)(1), (f)(1), and

(g)(1) are amended by removing

‘‘§ 21.4134 of this part’’ wherever it

appears, and adding, in its place,

‘‘§ 21.4210’’.

§ 21.7658 [Amended]

29. In § 21.7658, paragraph (b)(1)

introductory text is amended by

removing ‘‘negligent’’ and adding, in its

place, ‘‘negligent:’; paragraph (b)(1)(i) is

amended by removing ‘‘institution of

higher learning to report,’’ and adding,

in its place, ‘‘educational institution to

report’’ and by removing ‘‘reservist,’’

and adding, in its place, ‘‘reservist;’’;

paragraph (b)(1)(ii) is amended by

removing ‘‘§ 21.7644(b) of this part’’ and

adding, in its place, ‘‘§ 21.7644(c)’’; and

the section heading, the heading of

paragraph (b), and paragraph (b)(2) are

revised to read as follows:

§ 21.7658 False, late, or missing reports.

* * * * *

(b) Educational institution or training

establishment. * * *

(2) If an educational institution or

training establishment willfully and

knowingly submits a false report or

certification, VA may disapprove that

institution’s or establishment’s courses

for further enrollments and may

discontinue educational assistance to

reservists already enrolled. In doing so,

VA will apply §§ 21.4210 through

21.4216.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3690)

[FR Doc. 98–17409 Filed 6–30–98; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN84–1a; FRL–6114–8]

Approval and Promulgation of

Implementation Plan; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On July 9, 1997, the State of

Indiana submitted a State

Implementation Plan (SIP) revision

request to the United States

Environmental Protection Agency for

rule changes specific to the power plant

at the University of Notre Dame located

in Saint Joseph County, Indiana. The

submittal provides for revised limits on

particulate matter (PM) emissions from

five of Notre Dame’s boilers. The revised

limits are less stringent, overall, than

the limits in the current SIP. Air quality

modeling has been conducted, however,

which shows that the National Ambient

Air Quality Standards (NAAQS) will

still be protected under the new

regulations.

DATES: The ‘‘direct final’’ rule is

effective on August 31, 1998, without

further notice unless EPA receives

adverse or critical written comments by

July 31, 1998. If adverse written

comment is received, EPA will publish

a timely withdrawal of the direct final

rule in the Federal Register and inform

the public that the rule will not take

effect.

ADDRESSES: Copies of the revision

request are available for inspection at

the following address: U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604. (It is recommended that

you telephone David Pohlman at (312)

886–3299 before visiting the Region 5

Office.)

Written comments should be sent to:

J. Elmer Bortzer, Chief, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

David Pohlman, Environmental

Scientist, at (312) 886–3299.

SUPPLEMENTARY INFORMATION:

I. Background

Indiana’s submittal of July 9, 1997,

contains revisions to title 326 Indiana

Administrative Code (326 IAC) 6–1–18,

Saint Joseph County particulate

emissions limitations. The purpose of