29486 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. Add § 165.170 to read as follows:

§ 165.170 Safety Zone: Triathlon, Ulster

Landing, Hudson River, NY.

(a) Regulated area. The following area

is a safety zone: All waters of the

Hudson River, in the vicinity of Ulster

Landing, bound by the following points:

42°00′03.7′′N, 073°56′43.1′′W; thence to

41°59′52.5′′N, 073°56′34.2′′W; thence to

42°00′15.1′′N, 073°56′25.2′′W; thence to

42°00′05.4′′N, 073°56′41.9′′W (NAD

1983); thence along the shoreline to the

point of beginning.

(b) Effective period. This section is in

effect annually from 6 a.m. until 9 a.m.

on the first Sunday after July 4th.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) No vessels will be allowed to

transit the safety zone without the

permission of the Captain of the Port,

New York.

(3) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on-scene patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard. Upon being

hailed by a U.S. Coast Guard vessel by

siren, radio, flashing light, or other

means, the operator of a vessel shall

proceed as directed.

Dated: May 14, 2001.

R.E. Bennis,

Rear Admiral, U.S. Coast Guard, Captain of

the Port, New York.

[FR Doc. 01–13643 Filed 5–30–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 4

RIN 2900–AK12

Schedule for Rating Disabilities:

Disabilities of the Liver

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

Schedule for Rating Disabilities (38 CFR

part 4) by revising the portion of the

Digestive System that addresses

disabilities of the liver. The intended

effect of this action is to update this

portion of the rating schedule to ensure

that it uses current medical terminology

and unambiguous criteria, and that it

reflects medical advances that have

occurred since the last review.

DATES: Effective Date: This rule is

effective July 2, 2001.

FOR FURTHER INFORMATION CONTACT:

Caroll McBrine, M.D., Consultant,

Regulations Staff (211A), Compensation

and Pension Service, Veterans Benefits

Administration, Department of Veterans

Affairs, 810 Vermont Ave., NW.,

Washington DC 20420, (202) 273–7210.

SUPPLEMENTARY INFORMATION: As part of

its review of the Schedule for Rating

Disabilities (38 CFR part 4), VA

published a proposal to amend that

portion of the Schedule pertaining to

liver disabilities. The proposed rule was

published in the Federal Register on

August 7, 2000 (65 FR 48205). Interested

persons were invited to submit written

comments on or before October 6, 2000.

We received comments from the

Disabled American Veterans and one

VA employee.

In the preamble of the proposed rule,

we proposed to delete diagnostic code

7313 but inadvertently did not include

this change in the amendatory

instructions portion of the document.

No comment was made on this

proposed change which is now reflected

in the final rule.

One commenter questioned our

proposal to provide percentage

evaluation levels of 10, 30, 50, 70, and

100% for diagnostic code 7312

(cirrhosis of the liver, primary biliary

cirrhosis, or cirrhotic phase of

sclerosing cholangitis) and levels of

zero, 10, 20, 40, 60, and 100% for

diagnostic codes 7345 (chronic liver

disease without cirrhosis (including

hepatitis B, chronic active hepatitis,

autoimmune hepatitis,

hemochromatosis, drug-induced

hepatitis, etc., but excluding bile duct

disorders and hepatitis C)) and 7354

(hepatitis C (or non-A, non-B hepatitis)).

The commenter felt all of these

conditions should have the same

evaluation levels because the symptom

criteria are almost identical.

We do not adopt the comment for the

following reasons. The symptom criteria

for cirrhotic and non-cirrhotic liver

diseases are not nearly identical. The

evaluation criteria proposed for

cirrhotic diseases (diagnostic code 7312)

are based on largely objective signs,

symptoms, and complications of

cirrhosis, such as jaundice, weakness,

weight loss, ascites, hepatic

encephalopathy, and hemorrhage. The

evaluation levels for cirrhotic diseases

have not been changed, except for the

addition of the 10 percent rating

recommended by our consultants. The

evaluation criteria proposed for noncirrhotic diseases (diagnostic codes

7345 and 7354) are based primarily on

specific signs and symptoms of hepatitis

or other chronic liver disease without

cirrhosis, such as fatigue, malaise,

nausea, vomiting, anorexia, arthralgia,

and right upper quadrant pain.

Alternatively, non-cirrhotic liver disease

and hepatitis C may be rated or on an

alternative set of criteria based on

incapacitating episodes if it will result

in a higher evaluation. VA proposed in

the Federal Register on February 24,

1996 (62 FR 8204) to also rate

intervertebral disc syndrome based on

incapacitating episodes. To maintain

internal consistency in the rating

schedule, we are using the same

percentage evaluation levels that we

proposed for rating intervertebral disc

syndrome when it is based on

incapacitating episodes. The evaluation

levels for cirrhotic diseases, however,

are not based on incapacitating

episodes. Accordingly, we do not

believe using the same levels of

evaluation for such diseases is

appropriate, and we have not adopted

the commenter’s suggestion.

The same commenter suggested that

we provide criteria for diagnostic code

7312 based on incapacitating episodes,

as we have done for hepatitis or other

chronic liver disease without cirrhosis.

Cirrhosis results in liver scarring and

progressive liver damage that eventually

leads to liver decompensation with the

complications of hemorrhage,

encephalopathy, ascites, or jaundice.

Treatment is aimed at preventing the

progression of liver damage, but it

cannot reverse it, because it is

permanent. Since cirrhosis does not

have an overall episodic course,

although its complications may occur

intermittently once it has reached the

decompensated stage, an alternative set

of criteria based on incapacitating

episodes is not appropriate, and we

have not adopted this suggestion.

Section 4.112 currently addresses

weight loss in general terms for

purposes of application to § 4.114. We

proposed to revise this section by

defining these terms in more detail and

referencing them to the individual’s

‘‘baseline weight.’’ For example, we

proposed to define ‘‘substantial weight

loss,’’ as meaning a loss of greater than

20 percent of the individual’s baseline

weight, sustained for three months or

longer. One commenter recommended

that we include some guidance for

determining baseline weight because a

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29487

small variation in the way the baseline

weight is determined could make a

material difference in the disability

rating assigned.

In response to this comment, we have

added a sentence to § 4.112 defining

‘‘baseline weight’’ as the average weight

for the two-year-period preceding onset

of the disease. This will assure that the

usual weight over a reasonable period of

time before the disease began is the

basis of determining subsequent weight

loss.

We proposed to revise the criteria for

evaluating residuals of injury to the

liver (diagnostic code 7311) from rating

under the criteria for peritoneal

adhesions to rating as adhesions of

peritoneum (diagnostic code 7301),

cirrhosis of liver (diagnostic code 7312),

or chronic liver disease without

cirrhosis (diagnostic code 7345),

depending on the specific residuals.

One commenter stated that individuals

may have both liver damage and

peritoneal adhesions, and that we

should therefore indicate that these

residuals should be separately evaluated

and then combined, rather than

evaluating based on only one type of

residual.

We agree that this should be clarified,

and have revised the criteria to

‘‘Depending on the specific residuals,

separately evaluate as adhesions of

peritoneum (diagnostic code 7301),

cirrhosis of liver (diagnostic code 7312),

and chronic liver disease without

cirrhosis (diagnostic code 7345).’’

One commenter suggested we alter

the order of presentation of the criteria

and punctuation for diagnostic code

7312 at the 100-percent evaluation level

from ‘‘With one of the following

refractory to treatment: ascites, hepatic

encephalopathy, or hemorrhage from

varices or portal gastropathy (erosive

gastritis), or; with persistent jaundice,

generalized weakness, and substantial

weight loss’’ to ‘‘With persistent

jaundice, generalized weakness, and

substantial weight loss; or with one of

the following refractory to treatment:

ascites, hepatic encephalopathy,

hemorrhage from varices or portal

gastropathy (erosive gastritis).’’ The

commenter recommended similar

punctuation changes under diagnostic

codes 7345 and 7354.

For the sake of clarity, we have

rearranged the order of the criteria

under diagnostic code 7312, but prefer

to retain the comma and semicolon to

distinguish the criteria. We have used

this method of punctuation in other

sections of the rating schedule (e.g. 38

CFR 4.88b, diagnostic code 6314 and 38

CFR 4.104, diagnostic code 7000) to

emphasize a clear separation of

alternative criteria and wish to be

consistent in punctuation. A change

here might imply a difference in

meaning that we do not intend. We have

not adopted the suggested punctuation

changes for diagnostic codes 7345 and

7354 for the same reasons.

One commenter felt that, in the

proposed criteria for a 100-percent

evaluation under diagnostic code 7312,

it was unclear whether the word

‘‘persistent’’ modifies all 3

manifestations in the phrase ‘‘persistent

jaundice, generalized weakness, and

substantial weight loss,’’ and suggested

that we clarify.

There was no intent that ‘‘persistent’’

modify all three nouns. To assure

clarity, we have revised that phrase each

time it appears to read ‘‘generalized

weakness, substantial weight loss, and

persistent jaundice.’’

One commenter expressed concerns

about the criteria under diagnostic

codes 7345 and 7354 for a 100-percent

evaluation. The criteria we proposed

are: ‘‘Near-constant incapacitating

symptoms (such as fatigue, malaise,

nausea, vomiting, anorexia, arthralgia,

and right upper quadrant pain).’’ For a

60-percent evaluation, we proposed:

‘‘Incapacitating episodes (with

symptoms such as fatigue, malaise,

nausea, vomiting, anorexia, arthralgia,

and right upper quadrant pain) having

a total duration of at least six weeks

during the past 12-month period, but

not occurring constantly, or; with daily

fatigue, malaise, and anorexia, with

substantial weight loss (or other

indication of malnutrition), and

hepatomegaly.’’ The commenter felt that

the term ‘‘incapacitating symptoms’’

under the 100-percent evaluation

criteria has essentially the same

meaning as ‘‘incapacitating episodes’’ at

other levels of evaluation, and that a

veteran would have to be bedridden to

meet the criteria for a 100-percent

evaluation. The commenter said this

does not conform to 38 U.S.C. 1155,

which states that the rating schedule

must be based on the average

impairment of earning capacity.

A note under diagnostic codes 7345

and 7354 in the proposed rule defines

the term ‘‘incapacitating episodes’’ for

purposes of those codes. That definition

is necessary because there is no

generally understood meaning of

‘‘incapacitating episodes’’ as it is used

for evaluation purposes. We have

therefore defined the term to mean

episodes of sudden onset and limited

duration, but severe enough to require

bed rest and treatment by a physician.

As used in the rating schedule, the term

‘‘near-constant incapacitating

symptoms’’ refers to symptoms that,

because of their severity and

persistence, render the average

individual unable to work. The word

‘‘incapacitating’’ is defined as ‘‘to make

unable or unfit; esp., to make incapable

of normal activity; disable.’’ (Webster’s

New World Dictionary, Third College

Edition, 681). Therefore, the term

‘‘incapacitating symptoms’’ does not

require bed rest. To eliminate any

possible confusion, however, we have

changed the term ‘‘near-constant

incapacitating symptoms’’ at the 100-

percent level to ‘‘near-constant

debilitating symptoms.’’ Use of the

analogous term ‘‘debilitating’’ will

eliminate any possible confusion that

might arise from the use of the terms

‘‘incapacitating episodes’’ and

‘‘incapacitating symptoms.’’

The same commenter objected to the

retrospective nature of the criteria for

diagnostic codes 7345 and 7354 when

evaluation is based on incapacitating

episodes on the grounds that a veteran

might have to endure financial hardship

for twelve months or more before being

adequately compensated.

In the great majority of cases, veterans

with non-cirrhotic liver disease will be

evaluated using the criteria based on

signs and symptoms of liver disease.

Using those criteria does not require a

12-month period of observation before

assigning an evaluation because they are

based on current medical evidence of

the chronic severity of the disease. The

criteria based on incapacitating

episodes, although they will be used

infrequently, provide an avenue for a

potentially higher evaluation. It will

often not be necessary to wait 12

months in order to rate a veteran based

upon incapacitating episodes if, for

example, the medical evidence of record

indicates how many episodes the

veteran has experienced in the previous

12 months, or if there are incapacitating

episodes of sufficient duration to allow

the assignment of a higher evaluation

than one based on symptoms, even

though they have occurred over a less

than 12-month period. However, in

order to indicate more clearly that using

signs and symptoms is the primary

method of evaluating the severity of

these diseases, we have reversed the

order of the two sets of alternative

criteria for diagnostic codes 7345 and

7354 so that signs and symptoms, i.e.,

the primary basis of evaluation, comes

first.

As an extension of the comment

objecting to the retrospective nature of

the criteria for diagnostic codes 7345

and 7354, the same commenter said that

more frequent ratings would be needed

in these cases in order to achieve stable

evaluations.

29488 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

As we explained above, most veterans

will be rated on the basis of the signs

and symptoms of liver disease, and

these are not likely to change rapidly

because the course of these liver

diseases is commonly slow and

prolonged, at least until the latter stages

of disease. Most persons with noncirrhotic liver disease and hepatitis C

experience a steadily declining course.

Periods of incapacitating episodes

followed by substantial improvement or

rapid decline would be very unusual.

Given the course of these diseases, it is

unlikely that re-evaluations would be

needed more frequently than with other

disabilities, and we have made no

change based on this comment.

The same commenter urged that a

better way (other than using

incapacitating episodes as the basis of

evaluation) be found to evaluate the

severity of diseases that are

characterized by recurring

exacerbations. The commenter

suggested no alternative method of

evaluating recurring exacerbations. We

believe that evaluating them based on

incapacitating episodes is a fair and

reasonable way to assess them, and will

promote consistency across the rating

schedule, in that different diseases will

be rated at the same level if they result

in the same duration of periods of

incapacitation.

VA appreciates the comments

submitted in response to the proposed

rule. Based on the rationale stated in the

proposed rule and in this document, the

proposed rule, is adopted with the

changes noted above.

Paperwork Reduction Act

This document contains no provisions

constituting a collection of information

under the Paperwork Reduction Act (44

U.S.C. 3501–3520).

Regulatory Flexibility Act

The Secretary hereby certifies that

this regulatory amendment will not

have a significant economic impact on

a substantial number of small entities as

they are defined in the Regulatory

Flexibility Act (RFA), 5 U.S.C. 601–612.

The reason for this certification is that

this amendment would not directly

affect any small entities. Only VA

beneficiaries could be directly affected.

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

this amendment is exempt from the

initial and final regulatory flexibility

analysis requirements of sections 603

and 604.

Executive Order 12866

This regulatory amendment has been

reviewed by the Office of Management

and Budget under the provisions of

Executive Order 12866, Regulatory

Planning and Review, dated September

30, 1993.

(The Catalog of Federal Domestic

Assistance program numbers are 64.104 and

64.109.)

List of Subjects in 38 CFR Part 4

Disability benefits, Individuals with

disabilities, Pensions, Veterans.

Approved: March 5, 2001.

Anthony J. Principi,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 4, subpart B, is

amended as set forth below:

PART 4—SCHEDULE FOR RATING

DISABILITIES

1. The authority citation for part 4

continues to read as follows:

Authority: 38 U.S.C. 1155, unless

otherwise noted.

2. Section 4.112 is revised to read as

follows:

§ 4.112 Weight Loss.

For purposes of evaluating conditions

in § 4.114, the term ‘‘substantial weight

loss’’ means a loss of greater than 20

percent of the individual’s baseline

weight, sustained for three months or

longer; and the term ‘‘minor weight

loss’’ means a weight loss of 10 to 20

percent of the individual’s baseline

weight, sustained for three months or

longer. The term ‘‘inability to gain

weight’’ means that there has been

substantial weight loss with inability to

regain it despite appropriate therapy.

‘‘Baseline weight’’ means the average

weight for the two-year-period

preceding onset of the disease.

(Authority: 38 U.S.C. 1155)

3. Section 4.114 is amended by:

A. Revising diagnostic codes 7311,

7312, 7343, 7344, and 7345.

B. Removing diagnostic code 7313.

C. Adding diagnostic codes 7351 and

7354.

D. Adding a new authority citation at

the end of the section.

The revisions and additions read as

follows:

§ 4.114 Schedule of ratings-digestive

system.

* * * * *

Rating

7311 Residuals of injury of the liver:

Depending on the specific residuals, separately evaluate as adhesions of peritoneum (diagnostic code 7301), cirrhosis of liver (diagnostic code

7312), and chronic liver disease without cirrhosis (diagnostic code 7345) .................................................................................................................. ................

7312 Cirrhosis of the liver, primary biliary cirrhosis, or cirrhotic phase of sclerosing cholangitis:

Generalized weakness, substantial weight loss, and persistent jaundice, or; with one of the following refractory to treatment: ascites, hepatic

encephalopathy, hemorrhage from varices or portal gastropathy (erosive gastritis) .................................................................................................... 100

History of two or more episodes of ascites, hepatic encephalopathy, or hemorrhage from varices or portal gastropathy (erosive gastritis), but

with periods of remission between attacks ..................................................................................................................................................................... 70

History of one episode of ascites, hepatic encephalopathy, or hemorrhage from varices or portal gastropathy (erosive gastritis) ............................. 50

Portal hypertension and splenomegaly, with weakness, anorexia, abdominal pain, malaise, and at least minor weight loss .................................... 30

Symptoms such as weakness, anorexia, abdominal pain, and malaise ............................................................................................................................ 10

Note: For evaluation under diagnostic code 7312, documentation of cirrhosis (by biopsy or imaging) and abnormal liver function tests must be present.

*******

7343 Malignant neoplasms of the digestive system, exclusive of skin growths ................................................................................................................... 100

Note: A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure. Six

months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. If there has been no local recurrence or

metastasis, rate on residuals.

7344 Benign neoplasms, exclusive of skin growths:

Evaluate under an appropriate diagnostic code, depending on the predominant disability or the specific residuals after treatment ........................ ................

7345 Chronic liver disease without cirrhosis (including hepatitis B, chronic active hepatitis, autoimmune hepatitis, hemochromatosis, drug-induced hepatitis, etc., but excluding bile duct disorders and hepatitis C):

Near-constant debilitating symptoms (such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) ................. 100

Daily fatigue, malaise, and anorexia, with substantial weight loss (or other indication of malnutrition), and hepatomegaly, or; incapacitating

episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least six weeks during the past 12-month period, but not occurring constantly ......................................................................................... 60

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29489

Daily fatigue, malaise, and anorexia, with minor weight loss and hepatomegaly, or; incapacitating episodes (with symptoms such as fatigue,

malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least four weeks, but less than six

weeks, during the past 12-month period ......................................................................................................................................................................... 40

Daily fatigue, malaise, and anorexia (without weight loss or hepatomegaly), requiring dietary restriction or continuous medication, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total

duration of at least two weeks, but less than four weeks, during the past 12-month period ...................................................................................... 20

Intermittent fatigue, malaise, and anorexia, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia,

arthralgia, and right upper quadrant pain) having a total duration of at least one week, but less than two weeks, during the past 12-month period ..................................................................................................................................................................................................................................... 10

Nonsymptomatic ................................................................................................................................................................................................................... 0

Note (1): Evaluate sequelae, such as cirrhosis or malignancy of the liver, under an appropriate diagnostic code, but do not use the same signs and symptoms

as the basis for evaluation under DC 7354 and under a diagnostic code for sequelae. (See § 4.14.).

Note (2): For purposes of evaluating conditions under diagnostic code 7345, ‘‘incapacitating episode’’ means a period of acute signs and symptoms severe

enough to require bed rest and treatment by a physician.

Note (3): Hepatitis B infection must be confirmed by serologic testing in order to evaluate it under diagnostic code 7345.

*******

7351 Liver transplant:

For an indefinite period from the date of hospital admission for transplant surgery ..................................................................................................... 100

Minimum ............................................................................................................................................................................................................................... 30

Note: A rating of 100 percent shall be assigned as of the date of hospital admission for transplant surgery and shall continue. One year following discharge,

the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter.

7354 Hepatitis C (or non-A, non-B hepatitis):

With serologic evidence of hepatitis C infection and the following signs and symptoms due to hepatitis C infection:

Near-constant debilitating symptoms (such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) .......... 100

Daily fatigue, malaise, and anorexia, with substantial weight loss (or other indication of malnutrition), and hepatomegaly, or; incapacitating

episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total

duration of at least six weeks during the past 12-month period, but not occurring constantly .......................................................................... 60

Daily fatigue, malaise, and anorexia, with minor weight loss and hepatomegaly, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least four weeks, but

less than six weeks, during the past 12-month period ............................................................................................................................................ 40

Daily fatigue, malaise, and anorexia (without weight loss or hepatomegaly), requiring dietary restriction or continuous medication, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least two weeks, but less than four weeks, during the past 12-month period ............................................................. 20

Intermittent fatigue, malaise, and anorexia, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least one week, but less than two weeks, during the past 12-

month period .............................................................................................................................................................................................................. 10

Nonsymptomatic ................................................................................................................................................................................................................... 0

Note (1): Evaluate sequelae, such as cirrhosis or malignancy of the liver, under an appropriate diagnostic code, but do not use the same signs and symptoms

as the basis for evaluation under DC 7354 and under a diagnostic code for sequelae. (See § 4.14.).

Note (2): For purposes of evaluating conditions under diagnostic code 7354, ‘‘incapacitating episode’’ means a period of acute signs and symptoms severe

enough to require bed rest and treatment by a physician.

(Authority: 38 U.S.C. 1155)

[FR Doc. 01–13626 Filed 5–30–01; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN132–1a; FRL–6985–3]

Approval and Promulgation of

Implementation Plans; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving

revisions to particulate matter (PM)

emissions regulations for Illinois Cereal

Mills, Incorporated (Illinois Cereal

Mills). This facility is located in Marion

County, Indiana. The Indiana

Department of Environmental

Management (IDEM) submitted the

revised regulations on August 2, 2000 as

an amendment to its State

Implementation Plan (SIP). The

revisions consist of the relaxation of one

annual emission limit and the

tightening of another limit. These SIP

revisions should result in no change in

the overall particulate emissions.

Analysis showed that air quality will

not be harmed from this change in

particulate emissions.

DATES: This rule is effective on July 30,

2001, unless the EPA receives relevant

adverse written comments by July 2,

2001. If adverse comment is received,

the EPA will publish a timely

withdrawal of the rule in the Federal

Register and inform the public that the

rule will not take effect.

ADDRESSES: You should mail written

comments to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

You may inspect copies of Indiana’s

submittal at: Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Matt

Rau, Environmental Engineer,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, Telephone:

(312) 886–6524, E–Mail:

rau.matthew@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used we mean

the EPA.

Table of Contents

I. What is the EPA approving?

II. What are the limit changes from the

current rules?

III. Analysis of supporting materials provided

by Indiana.

IV. What are the environmental effects of

these actions?

V. EPA rulemaking actions.

VI. Administrative requirements.

I. What Is the EPA Approving?

The EPA is approving revisions to the

particulate matter emissions regulations

for Illinois Cereal Mills in Marion

County, Indiana. IDEM submitted the

revised regulation on August 2, 2000 as

an amendment to its SIP.

The revisions are the relaxation of one

annual emission limit for a boiler and

the tightening of another limit for the

head house portion of a grain elevator.

These SIP revisions result in no change

in the overall PM emissions from the