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

29490 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

Illinois Cereal Mills, Incorporated

facility.

II. What Are the Limit Changes From

the Current Rules?

Indiana has revised two long-term PM

emissions limits for sources at Illinois

Cereal Mills, Incorporated. Indiana has

increased the annual emissions limit for

the Cleaver Brooks Boiler from 0.7 tons

per year (TPY) to 1.0 TPY, measured as

total suspended particulate (TSP).

Indiana has also decreased the annual

emissions limit for the Head House

Suction (Point #18) from 6.3 TPY to 6.0

TPY of TSP. The short-term emissions

limits remain unchanged at 0.014

pounds per million British thermal

units (lb/MMBtu) of energy input for the

Cleaver Brooks Boiler and 0.030 grains

per dry standard cubic foot (gr/dscf) of

gas flow for the Head House Suction.

III. Analysis of Supporting Materials

Provided by Indiana

The general criteria used by the EPA

to evaluate such intra-facility emissions

trades, or ‘‘bubbles,’’ under the Clean

Air Act and applicable regulations are

set out in the EPA’s December 4, 1986,

Emissions Trading Policy Statement

(ETPS) (see 51 FR 43814). Illinois Cereal

Mills’ particulate emissions trade

qualifies as a ‘‘de minimis’’ trade. The

qualification for a ‘‘de minimis’’ trade is

that the sum of particulate matter

emissions increases, looking only at

sources with increasing emissions,

totals less than 25 TPY. The only

increasing source, the Cleaver Brooks

Boiler, has an emissions increase of 0.3

TPY particulate matter. Indiana did

submit a modeling analysis, even

though it was not required for this trade.

The results of the modeling show zero

air quality impact when considering

only increased emissions from the

Cleaver Brooks Boiler. Both of the

modeled annual and 24-hour maximum

PM concentration impacts were less

than 0.1 micrograms per cubic meter

(μg/m3) for the five years modeled.

IV. What Are the Environmental Effects

of These Actions?

This SIP revision should not result in

any change in particulate matter

emissions from Illinois Cereal Mills.

Qualifying for a de minimis trade means

that the amount of emissions being

increased is less than EPA designated

significance levels found in 40 CFR

51.18(j)(1)(x) and 40 CFR 51.24(b)(23)(i).

The modeling analysis submitted by the

State demonstrates that there should be

zero impact on all areas from modifying

the particulate emissions limits. This

SIP revision will not have an adverse

effect on air quality.

V. EPA Rulemaking Actions

The EPA is approving, though direct

final rulemaking, revisions to the

particulate matter emissions regulations

for Illinois Cereal Mills of Marion

County, Indiana. The State of Indiana,

in 326 Indiana Administrative Code 6–

1–12(a), has changed the annual

emissions limits for Illinois Cereal Mills

(Plant ID 0020). For the Cleaver Brooks

Boiler (Point ID 01), Indiana increased

the limit from 0.7 to 1.0 TPY. Indiana

decreased the emissions limit on the

Head House Suction (Point ID 18) from

6.3 to 6.0 TPY.

We are publishing these actions

without a prior proposal because we

view these as noncontroversial revisions

and anticipate no adverse comments.

However, in the ‘‘Proposed Rules’’

section of today’s Federal Register, we

are publishing a separate document that

will serve as the proposal to approve the

SIP revision if adverse comments are

filed. This rule will be effective on July

30, 2001 without further notice unless

we receive relevant adverse written

comment by July 2, 2001. If the EPA

receives adverse comment, we will

publish a final rule informing the public

that this rule will not take effect. We

will address all public comments in a

subsequent final rule based on the

proposed rule. The EPA does not intend

to institute a second comment period on

this action. Any parties interested in

commenting on these actions must do so

at this time.

VI. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4).

This rule also does not have a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000), nor

will it have substantial direct effects on

the States, on the relationship between

the national government and the States,

or on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

approves a state rule implementing a

federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29491

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2). This rule

will be effective July 30, 2001 unless

EPA receives adverse written comments

by July 2, 2001.

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

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by July 30, 2001.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

Dated: May 9, 2001.

Norman Neidergang,

Acting Regional Administrator, Region 5.

For the reasons stated in the

preamble, part 52, chapter I, title 40 of

the Code of Federal Regulations is

amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart P—Indiana

2. Section 52.770 is amended by

adding paragraph (c)(138) to read as

follows:

§ 52.770 Identification of plan.

* * * * *

(c) * * *

(138) On August 2, 2000, Indiana

submitted revised total suspended

particulate emissions regulations for

Illinois Cereal Mills, Incorporated in

Marion County, Indiana. The submittal

amends 326 IAC 6–1–12(a). It includes

an increase in the annual particulate

matter limit from 0.7 tons per year

(TPY) to 1.0 TPY for a boiler and a

decrease in the annual limit from 6.3

TPY to 6.0 TPY for a grain elevator.

(i) Incorporation by reference.

Emissions limits for Illinois Cereal

Mills, Incorporated in Marion County

contained in Indiana Administrative

Code Title 326: Air Pollution Control

Board, Article 6: Particulate Rules, Rule

1: Non-attainment Area Limitations,

Section 12: Marion County, subsection

(a). Filed with the Secretary of State on

May 26, 2000 and effective on June 25,

2000. Published in 23 Indiana Register

2414 on July 1, 2000.

[FR Doc. 01–13506 Filed 5–30–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[LA40–1–7338a; FRL–6988–4]

Approval and Promulgation of

Implementation Plan; Louisiana;

Nonattainment Major Stationary

Source Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action approves a

revision to the Louisiana State

Implementation Plan (SIP) relating to

‘‘Nonattainment New Source Review

Procedures.’’ This revision was

submitted on July 25, 1997, by the

Governor of Louisiana to EPA for

approval. This revision removes a

provision from the State’s regulation, in

Title 33 of the Louisiana Administrative

Code (LAC), chapter 5, section 504, that

treated nitrogen oxides (NOX) as

precursors to ozone in ozone

nonattainment areas. This makes the

regulation consistent with earlier

actions by EPA that exempted NOX as

an ozone precursor in the Baton Rouge

and Lake Charles nonattainment areas.

Such exemptions are conditional and

may be rescinded in which event

section 504 would need to again be

modified. By letter from Governor

Foster to EPA dated March 5, 2001, the

State has indicated that it is in fact

considering a request for recission of the

waiver. Despite such, however, EPA

must first act on the State’s prior request

for a NOX waiver and any regulations

that the State adopted to implement

such NOX waiver pursuant to section

110(k) of the Act. In addition, this

regulation also contains several

administrative revisions that are nonsubstantive in nature and do not alter

the meaning of this rule (such as

corrections of capitalization errors).

This rulemaking action is being taken

under sections 110, 301, and part D of

the Federal Clean Air Act (Act).

DATES: This action is effective on July

30, 2001, unless adverse or critical

comments are received by July 2, 2001.

If EPA receives such comments, then it

will publish a timely withdrawal in the

Federal Register informing the public

that this rule will not take effect.

ADDRESSES: Please address written

comments on this action to Ms. Jole

Luehrs, Chief, Air Permits Section,

Mailcode 6PD–R, Attention: Ms. Wendy

Jacques at the EPA Region 6 Office

listed below. Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following

locations:

Environmental Protection Agency,

Region 6, Air Permits Section (6PD–

R), 1445 Ross Avenue, Dallas, Texas

75202–2733

Louisiana Department of Environmental

Quality, H. B. Garlock Building,

7290 Bluebonnet Boulevard, Baton

Rouge, Louisiana 70810

FOR FURTHER INFORMATION CONTACT: Ms.

Wendy Jacques of the EPA Region 6 Air

Permits Section at (214) 665–7395.

SUPPLEMENTARY INFORMATION:

Throughout this document ‘‘we,’’ ‘‘us,’’

or ‘‘our’’ means EPA.

Table of Contents

I. What Action Are We Taking Today?

II. What is the Background of Section 504?

III. What Does Section 182(f) of the Act

Require?

IV. EPA Analysis

V. Final Action

VI. Administrative Requirements

I. What Action Are We Taking Today?

Today’s action approves the removal

of a provision from Title 33 LAC,

chapter 5, section 504, that treated NOX

as a precursor to ozone in current ozone

nonattainment areas. This makes the

regulation consistent with earlier

actions by EPA to exempt NOX as an

ozone precursor. This exemption was

based on modeling that demonstrated

that additional NOX reductions would

not contribute to attainment of the

National Ambient Air Quality Standard

(NAAQS) for ozone in the current

nonattainment areas. In addition, we are

approving several administrative

revisions that are non-substantive in

nature and do not alter the meaning of

this rule.

II. What Is the Background of Section

504?

The State of Louisiana submitted to

EPA two separate rule revisions to Title

33 of the LAC, chapter 5, section 504.

The base rule was initially approved by

EPA on October 10, 1997 (see 62 FR

52948). The first revision to section 504