Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations 27409

4. In § 3.301(c), revise the heading to

read as follows: ‘‘Specific applications;

willful misconduct.’’

5. In § 3.301(c)(3), after the third

sentence, add a new sentence in

parenthesis to read as follows: ‘‘(See

paragraph (d) of this section regarding

service connection where disability or

death is a result of abuse of drugs.)’’;

and in the fourth sentence, remove the

words ‘‘Similarly, where’’ and add, in

their place, the word ‘‘Where’’.

6. In § 3.301, add a new paragraph (d)

and an authority citation to read as

follows:

§ 3.301 Line of duty and misconduct.

* * * * *

(d) Line of duty; abuse of alcohol or

drugs. An injury or disease incurred

during active military, naval, or air

service shall not be deemed to have

been incurred in line of duty if such

injury or disease was a result of the

abuse of alcohol or drugs by the person

on whose service benefits are claimed.

For the purpose of this paragraph,

alcohol abuse means the use of

alcoholic beverages over time, or such

excessive use at any one time, sufficient

to cause disability to or death of the

user; drug abuse means the use of illegal

drugs (including prescription drugs that

are illegally or illicitly obtained), the

intentional use of prescription or nonprescription drugs for a purpose other

than the medically intended use, or the

use of substances other than alcohol to

enjoy their intoxicating effects.

(Authority: 38 U.S.C. 105(a))

[FR Doc. 95–12644 Filed 5–23–95; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 3

RIN 2900–AH38

Examinations

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

adjudication regulations to reflect a

statutory change which authorizes VA

to accept the report of a private

physician’s examination that is

otherwise adequate for rating purposes

to establish entitlement to compensation

or pension benefits.

EFFECTIVE DATE: This amendment is

effective November 2, 1994, the date

that Public Law 103–446, the Veterans’

Benefits Improvements Act of 1994,

became effective.

FOR FURTHER INFORMATION CONTACT: Paul

Trowbridge, Consultant, Regulations

Staff (211B), Compensation and Pension

Service, Veterans Benefits

Administration, 810 Vermont Avenue

NW., Washington, DC 20420, telephone

(202) 273–7210.

SUPPLEMENTARY INFORMATION: On

November 2, 1994, the Veterans’

Benefits Improvements Act of 1994 was

signed into law. Section 301 of that

statute created 38 U.S.C. 5125, which

authorizes the Secretary of Veterans

Affairs to accept the report of a private

physician’s examination that is

otherwise adequate for rating purposes

to establish entitlement to compensation

or pension benefits. This document

amends 38 CFR 3.157, 3.326, 3.327, and

3.352 in order to reflect that statutory

authority.

38 CFR 3.157(b)(2) is amended to

remove the requirement that a private

physician’s statement be confirmed by a

VA examination prior to granting

service connection for a disability. 38

CFR 3.326(d) is amended to show that

a private physician’s statement may be

accepted for rating any compensation or

pension claim as long as it is adequate

for rating purposes. 38 CFR 3.327(b)(1)

is amended to remove the requirement

that at least one VA examination be

made in every case in which

compensation benefits are awarded. 38

CFR 3.352(b)(1) is amended to remove

the requirement that a veteran’s need for

the special aid and attendance benefit

under 38 U.S.C. 1114(r) must be

determined by a Department of Veterans

Affairs physician.

Administrative Procedure Act

This final rule amends VA regulations

merely to reflect statutory provisions.

Accordingly, there is a basis for

dispensing with prior notice and

comment and for dispensing with a 30-

day delay of the effective date.

Regulatory Flexibility Act

This final rule will not have a

significant economic impact on a

substantial number of small entities

since it merely reflects a statutory

change.

The Catalog of Federal Domestic

Assistance program numbers are 64.104,

64.105, 64.109, and 64.110.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Health care,

Individuals with disabilities, Pensions,

Veterans.

Approved: May 17, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 3 is amended as

set forth below:

PART 3—ADJUDICATION

Subpart A—Pension, Compensation,

and Dependency and Indemnity

Compensation

1. The authority citation for part 3,

subpart A continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

§ 3.157 [Amended]

2. In § 3.157, the last sentence in

paragraph (b)(2) is removed.

3. In § 3.326, paragraph (d) is revised

to read as follows:

§ 3.326 Examinations.

* * * * *

(d) A statement from a private

physician that includes clinical

manifestations and substantiation of

diagnosis by findings of diagnostic

techniques generally accepted by

medical authorities, such as

pathological studies, X-rays, and

laboratory tests as appropriate, may be

accepted for rating any claim without

further examination, provided it is

otherwise adequate for rating purposes.

(Authority: 38 U.S.C. 5125)

§ 3.327 [Amended]

4. In § 3.327, the first two sentences

in paragraph (b)(1) are removed.

§ 3.352 [Amended]

5. In § 3.352, paragraph (b)(1)(iv) is

removed.

[FR Doc. 95–12707 Filed 5–23–95; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Ky–83–6927a; FRL–5184–7]

Approval and Promulgation of

Implementation Plans State: Kentucky

Approval of Revisions to State

Implementation Plan (SIP)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a revision to

the state implementation plan (SIP)

submitted by the Commonwealth of

Kentucky through the Natural Resources
27410 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations

and Environmental Protection Cabinet

(Cabinet). This revision will incorporate

into the SIP an operating permit issued

to the Calgon Carbon Corporation

located in the Kentucky portion of the

Ashland/Huntington ozone (O3)

nonattainment area. This permit will

reduce the emissions of volatile organic

compounds (VOCs) by requiring

reasonably available control technology

(RACT).

DATES: This final rule will be effective

July 10, 1995, unless adverse or critical

comments are received by June 23,

1995. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Scott

Southwick, at the EPA Regional Office

listed below.

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 Programs Branch, 345

Courtland Street, NE, Atlanta, Georgia

30365.

Division for Air Quality, Department

for Environmental Protection, Natural

Resources and Environmental

Protection Cabinet, 316 St. Clair Mall,

Frankfort, Kentucky 40601.

FOR FURTHER INFORMATION CONTACT:

Scott Southwick, Regulatory Planning

and Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Region 4,

Environmental Protection Agency, 345

Courtland Street, NE, Atlanta, Georgia

30365. The telephone number is 404/

347–3555 x 4207. Reference file KY–

083.

SUPPLEMENTARY INFORMATION: Section

182(b)(2) of the Clean Air Act as

Amended in 1990 (CAA) requires states

to implement RACT for moderate and

above O3 nonattainment areas for: (1)

Each category of VOC sources in the

area covered by a control technique

guideline (CTG) issued between

November 15, 1990, and the date of

attainment of these areas; (2) All VOC

sources in the area covered by any CTG

before November 15, 1990; and (3) All

other major stationary sources of VOC

(non-CTG sources) that are located in

the area. Kentucky has already met the

requirements of items (1) and (2) of

section 182(b)(2) (see 59 FR 32352

published on June 23, 1994). On

November 23, 1994, the Cabinet

submitted a revision to the SIP requiring

VOC RACT through a permit issued to

the Calgon Carbon Corporation (Calgon).

This permit requires Calgon to comply

with 1.8 lbs/hr emission limit in the

reactivation furnace. The permit also

requires Calgon to maintain a 1400

degrees fahrenheit temperature in the

fireboxes and a coal residence time of

0.1 seconds in all bakers and activator

burners.

Calgon is the only major source

located in the Kentucky portion of the

Ashland/Huntington O3 nonattainment

area not subject to a CTG. The approval

of this revision will satisfy section

182(b)(2)(C) which requires RACT on all

non-CTG sources located in the

Ashland/Huntington moderate O3

nonattainment area.

Final Action

The EPA is approving the Calgon

Permit and 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 July 24, 1995

unless, within 30 days of its

publication, adverse or critical

comments are received.

If the EPA receives such comments,

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 then 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 July 24, 1995.

Under section 307(b)(1) of the CAA,

42 U.S.C. 7607 (b)(1), petitions for

judicial review of this action must be

filed in the United States Court of

Appeals for the appropriate circuit by

July 24, 1995. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for 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) of the CAA, 42 U.S.C.

7607(b)(2).)

The OMB has exempted these actions

from review under Executive Order

12866.

Nothing in this action shall be

construed as permitting or allowing or

establishing a precedent for any future

request for a 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.

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.

SIP approvals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-state relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

Section 7410(a)(2).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon

monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental

relations, Lead, Nitrogen dioxide,

Ozone, Particulate matter, Reporting

and recordkeeping requirements, Sulfur

oxides.

Dated: March 21, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of chapter I, title 40, Code of

Federal Regulations, is amended as

follows:
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations 27411

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42.U.S.C. 7401–7671q.

Subpart S—Kentucky

2. Section 52.920, is amended by

adding paragraph (c)(78) to read as

follows:

§ 52.920 Identification of plan.

* * * * *

(c) * * *

(78) Operating Permit requiring VOC

RACT for Calgon Corporation in the

Kentucky portion of the Ashland/

Huntington ozone nonattainment area,

submitted November 11, 1994.

(i) Incorporation by reference. Natural

Resources and Environmental

Protection Cabinet; Kentucky

Department for Environmental

Protection; Division for Air Quality;

Permit 0–94–020; Calgon Carbon

Corporation, effective on November 17,

1994.

(ii) Other material. Letter of November

23, 1994, from the Commonwealth of

Kentucky Natural Resources and

Environmental Protection Cabinet.

[FR Doc. 95–12617 Filed 5–23–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[MN30–1–6215a; FRL–5183–8]

Approval and Promulgation of

Implementation Plans; Minnesota

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: Minnesota submitted a

revision intended to simplify and

update the rules in its State

Implementation Plan (SIP). These

revisions included deleting regulations

that are redundant with Federal New

Source Performance Standards (NSPS)

regulations, removing odor regulations

and other similar regulations from the

SIP, and recodifying the regulations. In

the case of open burning, the State

requested removal of the regulations

from the SIP or, in the alternative,

replacing these regulations with statutes

that regulate open burning. USEPA is

replacing the open burning regulations

in the SIP with the new statutes and is

approving all other revisions requested

by the State.

EFFECTIVE DATE: This action will be

effective July 24, 1995 unless adverse or

critical comments are received by June

23, 1995. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be addressed to: William L. MacDowell,

Chief, Regulation Development Section,

Air Enforcement Branch (AE–17J),

United States Environmental Protection

Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the SIP revision request and

U.S. EPA’s analysis are available for

public inspection during normal

business hours at the following

addresses: United States Environmental

Protection Agency, Region 5, Air and

Radiation Division, 77 West Jackson

Boulevard (AE–17J), Chicago, Illinois

60604; and Jerry Kurtzweg (6102),

United States Environmental Protection

Agency, 401 M Street, SW., Washington,

DC 20460.

FOR FURTHER INFORMATION CONTACT: John

Summerhays, Air Enforcement Branch,

Regulation Development Section (AE–

17J), United States Environmental

Protection, Region 5, Chicago, Illinois

60604, (312) 886–6067.

SUPPLEMENTARY INFORMATION:

I. Review of State Submittal

On November 23, 1993, the Minnesota

Pollution Control Agency (MPCA)

submitted a request to (1) eliminate a

number of regulations that need not be

included in the Minnesota State

Implementation Plan (SIP), (2) recodify

the remaining regulations, and (3) make

miscellaneous other changes. Each of

these types of revisions are discussed in

separate sections below.

Elimination of Regulations

MPCA recommended elimination of

several categories of regulations from

the SIP. The category with the most

regulations recommended for

elimination are regulations that repeat

the requirements for new sources

established by the United States

Environmental Protection Agency

(USEPA) in various New Source

Performance Standards (NSPS). Some of

these regulations also govern emissions

from ‘‘existing sources,’’ i.e. sources that

existed before the effective date of or

otherwise not subject to a relevant

NSPS. Most of these regulations were

submitted in 1981. In its 1982

rulemaking on these regulations, USEPA

approved these regulations only for

‘‘existing sources,’’ reflecting concern

that these regulations would either be

unnecessary by virtue of being

redundant with Federal NSPS or be

detrimental by virtue of causing

uncertainty as to which of conflicting

State versus Federal provisions apply.

In this context, ‘‘existing sources’’

should be considered not only to

include sources that existed prior to the

effective date of the NSPS but also to

include sources that are newer but are

not subject to the NSPS due to size or

other reasons.

Minnesota’s submittal refines the list

of rules which, by USEPA’s approach,

should be removed from the SIP or

applied only to ‘‘existing sources.’’ In

the cases of regulations for portland

cement plants, asphalt concrete plants,

grain elevators, sulfuric acid plants, and

nitric acid plants, the State has specified

which portions of the relevant sets of

rules regulate new sources and which

portions regulate existing sources. In the

cases of regulations for lead smelters

and brass and bronze plants, there are

no existing brass or bronze plants and

the only existing lead smelter is subject

to a separate more stringent

administrative order in the SIP.

Therefore, the regulations apply only to

new sources and should be eliminated

from the SIP in their entirety. In the

cases of regulations for incinerators and

sewage sludge incinerators, MPCA does

not identify portions of the rules that

only apply to new sources but

comments that USEPA should state that

the SIP only includes these rules as they

apply to existing sources (which again

may include newly constructed sources

that are not subject to NSPS). USEPA

concurs with Minnesota’s list of which

of these rules should be removed from

the SIP, and is modifying the SIP

accordingly.

A second set of regulations

recommended for elimination concern

odors and acid/base fallout. MPCA’s

submittal states that these regulations

were not intended for purposes of

achieving air quality standards or other

Clean Air Act purposes and remain

unnecessary for such purposes.

Specifically, Minnesota requests on this

basis that USEPA delete the set of

regulations entitled Ambient Odor

Control, the set entitled Limits for

Animal Matter Odors, and the set

entitled Limits on Acid, Base Emissions.

These regulations were adopted around

1970 and were submitted and approved

as part of a package that included all

extant air pollution regulations. USEPA

concurs with Minnesota’s request and is

removing these regulations from the SIP.

A third set of regulations

recommended for elimination concern

indirect sources. These regulations

establish permitting requirements for

the facilities such as highways,

shopping malls, and airports that attract

motor vehicles and thus indirectly cause

mobile source emissions. These

regulations were submitted in 1981 and

approved by USEPA in 1982.