42603
Federal
Register
/
Vol.
68,
No.
138
/
Friday,
July
18,
2003
/
Rules
and
Regulations
Register
on
February
10,
2003
(
68
FR
6679),
we
proposed
to
amend
the
VA
adjudication
regulations
to
add
cirrhosis
of
the
liver
to
the
list
of
diseases
for
which
entitlement
to
service
connection
is
presumed
for
former
POWs
under
38
CFR
3.309(
c).
We
asked
interested
persons
to
submit
comments
on
or
before
April
11,
2003.
We
received
no
comments.
Based
on
the
rationale
set
forth
in
the
proposed
rule,
we
are
adopting
the
proposed
rule
as
a
final
rule
without
change.

Administrative
Procedures
Act
Because
this
rule
solely
provides
for
a
new
benefit
it
is
not
subject
to
the
effective
date
provisions
of
5
U.
S.
C.
553.

Paperwork
Reduction
Act
of
1995
This
rule
contains
no
provisions
constituting
collections
of
information
under
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
 
3521).

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,
5
U.
S.
C.
601
 
612.
The
reason
for
this
certification
is
that
this
amendment
will
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
flexibility
analysis
requirements
of
sections
603
and
604.

Unfunded
Mandates
The
Unfunded
Mandates
Reform
Act
requires,
at
2
U.
S.
C.
1532,
that
agencies
prepare
an
assessment
of
anticipated
costs
and
benefits
before
developing
any
rule
that
may
result
in
an
expenditure
by
State,
local,
or
tribal
governments,
in
the
aggregate,
or
by
the
private
sector,
of
$
100
million
or
more
in
any
given
year.
This
rule
will
have
no
such
effect
on
State,
local,
or
tribal
governments,
or
the
private
sector.

Catalog
of
Federal
Domestic
Assistance
The
Catalog
of
Federal
Domestic
Assistance
number
is
64.109.

List
of
Subjects
in
38
CFR
Part
3
Administrative
practice
and
procedure,
Claims,
Disability
benefits,
Health
care,
Pensions,
Veterans,
Vietnam.

Approved:
July
2,
2003.
Anthony
J.
Principi,
Secretary
of
Veterans
Affairs.


For
the
reasons
set
forth
in
the
preamble,
VA
amends
38
CFR
part
3
as
follows:
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.

§
3.309
[
Amended]


2.
Section
3.309(
c)
is
amended
by
adding
``
Cirrhosis
of
the
liver.''
following
``
Peripheral
neuropathy
except
where
directly
related
to
infectious
causes.''
and
before
the
explanatory
note.

[
FR
Doc.
03
 
18233
Filed
7
 
17
 
03;
8:
45
am]

BILLING
CODE
8320
 
01
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
63
[
OAR
 
2002
 
0045,
FRL
 
7528
 
3]

RIN
2060
 
AK53
National
Emission
Standards
for
Hazardous
Air
Pollutants
for
Chemical
Recovery
Combustion
Sources
at
Kraft,
Soda,
Sulfite,
and
Stand­
Alone
Semichemical
Pulp
Mills
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule;
amendments.

SUMMARY:
On
February
18,
2003,
the
EPA
promulgated
amendments
to
the
national
emission
standards
for
hazardous
air
pollutants
(
NESHAP)
for
chemical
recovery
combustion
sources
at
kraft,
soda,
sulfite,
and
stand­
alone
semichemical
pulp
mills,
as
a
direct
final
rule
with
a
parallel
proposal.
We
indicated
in
that
action
that
we
would
withdraw
any
part
of
the
rule
on
which
we
received
adverse
comment.
We
received
timely
adverse
comment
on
certain
provisions
of
the
direct
final
rule,
but
our
withdrawal
notice
was
not
printed
in
the
Federal
Register
before
the
May
19,
2003
effective
date
of
the
provisions.
This
action
amends
the
subpart
MM
rule
by
deleting
the
provisions
which
were
the
subject
of
adverse
comment.
We
are
also
amending
portions
of
the
subpart
MM
rule
added
by
the
February
18,
2003
direct
final
rule
to
correct
a
typographical
error
and
a
crossreferencing
error.
DATES:
These
amendments
are
effective
July
18,
2003.
ADDRESSES:
Docket
number
OAR
 
2002
 
0045,
containing
supporting
information
used
in
the
development
of
this
notice,
is
available
for
public
viewing
at
the
EPA
Docket
Center
(
Air
Docket),
EPA
West,
Room
B
 
108,
1301
Constitution
Avenue,
NW,
Washington,
DC
20460.
The
Docket
Center
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566
 
1744,
and
the
telephone
number
for
the
Air
Docket
is
(
202)
566
 
1742.

FOR
FURTHER
INFORMATION
CONTACT:
Mr.
Jeff
Telander,
Minerals
and
Inorganic
Chemicals
Group,
Emission
Standards
Division
(
C504
 
05),
Office
of
Air
Quality
Planning
and
Standards,
U.
S.
EPA,
Research
Triangle
Park,
NC
27711,
telephone
number
(
919)
541
 
5427,
facsimile
number
(
919)
541
 
5600,
electronic
mail
(
e­
mail)
address
telander.
jeff@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
Docket.
The
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
No.
OAR
 
2002
 
0045.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Air
Docket
in
the
EPA
Docket
Center,
Room
108,
1301
Constitution
Ave.,
NW,
Washington,
DC
20460.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Public
Reading
Room
is
(
202)
566
 
1744.
The
telephone
number
for
the
Air
Docket
is
(
202)
566
 
1742.
Electronic
Access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
Federal
Register
listings
at
http://
www/
epa.
gov/
fedrgstr/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov.
edocket/
to
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
above.
Once
in
the
system,
select
``
search,''
then
key
in
the
VerDate
Jan<
31>
2003
15:
04
Jul
17,
2003
Jkt
200001
PO
00000
Frm
00041
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
18JYR1.
SGM
18JYR1
42604
Federal
Register
/
Vol.
68,
No.
138
/
Friday,
July
18,
2003
/
Rules
and
Regulations
appropriate
docket
identification
number.
Background.
On
February
18,
2003,
we
published
a
direct
final
rule
(
68
FR
7706)
and
a
parallel
proposal
(
68
FR
7735)
amending
the
NESHAP
for
chemical
recovery
combustion
sources
at
kraft,
soda,
sulfite,
and
stand­
alone
semichemical
pulp
mills
(
40
CFR
part
63,
subpart
MM).
The
amendments
clarified
and
consolidated
the
monitoring
and
testing
requirements
and
added
a
site­
specific
alternative
standard
for
one
pulp
mill.
We
stated
in
the
preamble
to
the
direct
final
rule
and
parallel
proposal
that
if
we
received
significant
adverse
comment
by
March
20,
2003
on
one
or
more
distinct
provisions
in
the
direct
final
rule,
we
would
withdraw
those
provisions.
We
subsequently
received
timely
adverse
comments
on
seven
of
the
amendments:
 
40
CFR
63.864(
a)
through
(
c),
related
to
a
site­
specific
monitoring
plan;
 
40
CFR
63.864(
d)(
1)
and
(
2),
related
to
monitoring
specifications
for
continuous
opacity
monitoring
systems;
 
40
CFR
63.864(
e)(
1)
through
(
9),
related
to
monitoring
specifications
for
continuous
parameter
monitoring
systems;
 
40
CFR
63.864(
f),
related
to
flow
monitoring
provisions;
 
40
CFR
63.864(
h)
and
(
i),
related
to
data
availability
restrictions;
 
40
CFR
63.864(
j)(
5),
related
to
requirements
for
establishing
the
operating
range
for
monitoring
parameters;
and
 
40
CFR
63.864(
j)(
6),
related
to
an
operation
and
maintenance
log
for
the
period
between
the
compliance
date
and
performance
test
date.
We
prepared
an
action
withdrawing
these
amendments,
but
the
Office
of
the
Federal
Register
was
unable
to
publish
it
before
May
19,
2003
(
the
direct
final
rule's
effective
date).
The
final
rule
amends
the
subpart
MM
rule
by
deleting
the
provisions
which
were
the
subject
of
adverse
comment,
consistent
with
our
originally
stated
intention.
If
we
again
address
these
issues
related
to
monitoring,
we
will
do
so
by
acting
on
the
proposed
rule
(
68
FR
7735)
after
considering
the
comments
received.
We
will
not
institute
a
second
comment
period.
We
are
also
amending
portions
of
the
subpart
MM
rule
added
by
the
direct
final
rule
to
make
two
technical
corrections
to
inadvertent
errors
in
rule
language.
The
first
is
a
correction
to
a
typographical
error
affecting
one
term
in
Equation
1
of
40
CFR
63.865(
a)(
1).
The
second
is
a
correction
to
a
crossreferencing
error
in
40
CFR
63.687(
a)(
3).
The
Administrative
Procedure
Act,
in
5
U.
S.
C.
553(
b)(
B),
provides
that,
when
an
agency
for
good
cause
finds
that
notice
and
public
procedure
are
impracticable,
unnecessary,
or
contrary
to
the
public
interest,
the
agency
may
issue
a
rule
without
providing
notice
and
an
opportunity
for
public
comment.
We
have
determined
that
there
is
good
cause
for
making
today's
rule
final
without
prior
proposal
and
opportunity
for
comment.
With
respect
to
the
amendment
deleting
the
provisions
related
to
monitoring,
we
are
amending
the
rule
to
carry
out
our
stated
intention
of
not
allowing
provisions
of
the
direct
final
rule
to
take
effect
if
they
were
the
subject
of
adverse
comment.
There
has
already
been
notice
and
opportunity
for
comment
on
this
action,
and,
under
these
circumstances,
opportunity
for
further
comment
is
unnecessary.
Moreover,
failure
to
amend
the
rule
by
deleting
the
provisions
on
which
EPA
received
adverse
comment
would
be
contrary
to
public
expectation
based
on
EPA's
express
promise.
There
may
in
fact
be
detrimental
reliance
on
EPA's
promise,
further
supporting
EPA's
finding
that
there
is
good
cause
for
immediate
revision
of
the
rule.
The
other
changes
to
the
rule
are
minor,
noncontroversial
technical
corrections,
which
do
not
substantively
change
the
rule's
requirements.
Thus,
notice
and
opportunity
for
public
comment
on
these
technical
corrections
is
also
unnecessary.
We
find
that
this
constitutes
good
cause
under
5
U.
S.
C.
553(
b)(
B).
Section
553(
d)
allows
an
agency,
upon
a
finding
of
good
cause,
to
make
a
rule
effective
immediately.
Because
today's
amendments
delete
regulatory
language
that
was
the
subject
of
adverse
comment,
do
not
add
any
requirements
necessitating
additional
time
for
compliance,
and
otherwise
do
not
substantively
change
the
requirements
of
the
rule,
we
find
good
cause
to
make
these
amendments
effective
immediately.

Statutory
and
Executive
Order
Review
Under
Executive
Order
12866
(
58
FR
51736,
October
4,
1993),
this
action
is
not
a
``
significant
regulatory
action''
and
is,
therefore,
not
subject
to
review
by
the
Office
of
Management
and
Budget.
Because
EPA
has
made
a
``
good
cause''
finding
that
this
action
is
not
subject
to
notice
and
comment
requirements
under
the
Administrative
Procedure
Act
or
any
other
statute,
it
is
not
subject
to
the
regulatory
flexibility
provisions
of
the
Regulatory
Flexibility
Act
(
5
U.
S.
C.
601
et
seq.),
or
to
sections
202
and
205
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA)
(
Public
Law
104
 
4).
In
addition,
this
action
does
not
significantly
or
uniquely
affect
small
governments
or
impose
a
significant
intergovernmental
mandate,
as
described
in
sections
203
and
204
of
the
UMRA.
This
action
also
does
not
significantly
or
uniquely
affect
the
communities
of
tribal
governments,
as
specified
by
Executive
Order
13084
(
63
FR
27655,
May
10,
1998).
This
action
will
not
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).
This
action
also
is
not
subject
to
Executive
Order
13045
(
62
FR
19885,
April
23,
1997)
because
it
is
not
economically
significant.
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
(
NTTAA)
of
1995
(
Public
Law
104
 
113;
15
U.
S.
C.
272
note)
directs
EPA
to
use
voluntary
consensus
standards
in
its
regulatory
and
procurement
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
The
EPA
is
not
proposing/
adopting
any
voluntary
consensus
standards
in
this
action.
This
action
does
not
involve
special
consideration
of
environmental
justice
related
issues
as
required
by
Executive
Order
12898
(
59
FR
7629,
February
16,
1994).
In
issuing
these
amendments,
EPA
has
taken
the
necessary
steps
to
eliminate
drafting
errors
and
ambiguity,
minimize
potential
litigation,
and
provide
a
clear
legal
standard
for
affected
conduct,
as
required
by
section
3
of
Executive
Order
12988
(
61
FR
4729,
February
7,
1996).
The
EPA
has
complied
with
Executive
Order
12630
(
53
FR
8859,
March
15,
1988)
by
examining
the
takings
implications
of
these
amendments
in
accordance
with
the
``
Attorney
General's
Supplemental
Guidelines
for
the
Evaluation
of
Risk
and
Avoidance
of
Unanticipated
Takings''
issued
under
the
executive
order.
These
amendments
do
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.
Section
808
allows
the
issuing
agency
to
make
a
rule
VerDate
Jan<
31>
2003
15:
04
Jul
17,
2003
Jkt
200001
PO
00000
Frm
00042
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
18JYR1.
SGM
18JYR1
42605
Federal
Register
/
Vol.
68,
No.
138
/
Friday,
July
18,
2003
/
Rules
and
Regulations
effective
sooner
than
otherwise
provided
by
the
Congressional
Review
Act
if
the
agency
makes
a
good
cause
finding
that
notice
and
public
procedure
is
impracticable,
unnecessary,
or
contrary
to
the
public
interest.
This
determination
must
be
supported
by
a
brief
statement
(
5
U.
S.
C.
808(
2)).
As
stated
previously,
EPA
has
made
such
a
good
cause
finding,
including
the
reasons
therefor,
and
established
an
effective
date
of
July
18,
2003.
The
EPA
will
submit
a
report
containing
the
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
This
action
is
not
a
``
major
rule''
as
defined
by
5
U.
S.
C.
804(
2).
List
of
Subjects
in
40
CFR
Part
63
Environmental
protection,
Administrative
practice
and
procedure,
Air
pollution
control,
Hazardous
substances,
Reporting
and
recordkeeping
requirements.

Dated:
July
7,
2003.
Jeffrey
R.
Holmstead,
Assistant
Administrator
for
Air
and
Radiation.


For
the
reasons
set
out
in
the
preamble,
title
40,
chapter
I,
part
63
of
the
Code
of
Federal
Regulations
is
amended
as
follows:

PART
63
 
[
Amended]


1.
The
authority
citation
for
part
63
continues
to
read
as
follows:
Authority:
42
U.
S.
C.
7401
et
seq.

Subpart
MM
 
[
AMENDED]


2.
Section
63.864
is
amended
by
removing
and
reserving
paragraphs
(
a)
through
(
c),
(
d)(
1)
and
(
2),
(
e)(
1)
through
(
9),
(
f),
(
h),
(
i),
and
(
j)(
5)
and
(
6).


3.
Section
63.865
is
amended
by
revising
paragraph
(
a)(
1)
to
read
as
follows:

§
63.865
Performance
test
requirements
and
test
methods.

*
*
*
*
*
(
a)
*
*
*
(
1)
Determine
the
overall
PM
emission
limit
for
the
chemical
recovery
system
at
the
mill
using
Equation
1
of
this
section
as
follows:

EL
C
Q
C
Q
F
BLS
ER
PM
ref
RF
RFtot
ref
LK
LKtot
tot
ref
=(
)(
)+(
)(
)
[
]
(
)
+
,
,
,
SDT
(
)
1
1
Where:
ELPM
=
Overall
PM
emission
limit
for
all
existing
process
units
in
the
chemical
recovery
system
at
the
kraft
or
soda
pulp
mill,
kg/
Mg
(
lb/
ton)
of
black
liquor
solids
fired;
Cref,
RF
=
Reference
concentration
of
0.10
g/
dscm
(
0.044
gr/
dscf)
corrected
to
8
percent
oxygen
for
existing
kraft
or
soda
recovery
furnaces;
QRFtot
=
Sum
of
the
average
volumetric
gas
flow
rates
measured
during
the
performance
test
and
corrected
to
8
percent
oxygen
for
all
existing
recovery
furnaces
in
the
chemical
recovery
system
at
the
kraft
or
soda
pulp
mill,
dry
standard
cubic
meters
per
minute
(
dscm/
min)
(
dry
standard
cubic
feet
per
minute
(
dscf/
min));
Cref,
LK
=
Reference
concentration
of
0.15
g/
dscm
(
0.064
gr/
dscf)
corrected
to
10
percent
oxygen
for
existing
kraft
or
soda
lime
kilns;
QLKtot
=
Sum
of
the
average
volumetric
gas
flow
rates
measured
during
the
performance
test
and
corrected
to
10
percent
oxygen
for
all
existing
lime
kilns
in
the
chemical
recovery
system
at
the
kraft
or
soda
pulp
mill,
dscm/
min
(
dscf/
min);
F1
=
Conversion
factor,
1.44
minutes
·
kilogram/
day
·
gram
(
min
·
kg/
d
·
g)
(
0.206
minutes
·
pound/
day
·
grain
(
min
·
lb/
d
·
gr));
BLStot
=
Sum
of
the
average
black
liquor
solids
firing
rates
of
all
existing
recovery
furnaces
in
the
chemical
recovery
system
at
the
kraft
or
soda
pulp
mill
measured
during
the
performance
test,
megagrams
per
day
(
Mg/
d)
(
tons
per
day
(
ton/
d))
of
black
liquor
solids
fired;
and
ER1
ref,
SDT
=
Reference
emission
rate
of
0.10
kg/
Mg
(
0.20
lb/
ton)
of
black
liquor
solids
fired
for
existing
kraft
or
soda
smelt
dissolving
tanks.
*
*
*
*
*


4.
Section
63.867
is
amended
by
revising
paragraph
(
a)(
3)
to
read
as
follows:

§
63.867
Reporting
requirements.

(
a)
*
*
*
(
3)
In
addition
to
the
requirements
in
subpart
A
of
this
part,
the
owner
or
operator
of
the
hog
fuel
dryer
at
Weyerhaeuser
Paper
Company's
Cosmopolis,
Washington,
facility
(
Emission
Unit
no.
HD
 
14)
must
include
analysis
and
supporting
documentation
demonstrating
conformance
with
EPA
guidance
and
specifications
for
bag
leak
detection
systems
in
§
63.864(
e)(
12)
in
the
Notification
of
Compliance
Status.
*
*
*
*
*

[
FR
Doc.
03
 
18001
Filed
7
 
17
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
271
[
FRL
 
7530
 
9]

Georgia:
Final
Authorization
of
State
Hazardous
Waste
Management
Program
Revision
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Immediate
final
rule.

SUMMARY:
Georgia
has
applied
to
EPA
for
Final
authorization
of
the
changes
to
its
hazardous
waste
program
under
the
Resource
Conservation
and
Recovery
Act
(
RCRA).
EPA
has
determined
that
these
changes
satisfy
all
requirements
needed
to
qualify
for
Final
authorization,
and
is
authorizing
the
State's
changes
through
this
immediate
final
action.
EPA
is
publishing
this
rule
to
authorize
the
changes
without
a
prior
proposal
because
we
believe
this
action
is
not
controversial
and
do
not
expect
comments
that
oppose
it.
Unless
we
get
written
comments
which
oppose
this
authorization
during
the
comment
period,
the
decision
to
authorize
Georgia's
changes
to
their
hazardous
waste
program
will
take
effect.
If
we
get
comments
that
oppose
this
action,
we
will
publish
a
document
in
the
Federal
Register
withdrawing
this
rule
before
it
takes
effect
and
a
separate
document
in
the
proposed
rules
section
of
this
Federal
Register
will
serve
as
a
proposal
to
authorize
the
changes.

VerDate
Jan<
31>
2003
15:
04
Jul
17,
2003
Jkt
200001
PO
00000
Frm
00043
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
18JYR1.
SGM
18JYR1
ER18JY03.032</
MATH>
