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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
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disease listed in paragraph a2 of this section shall be service connected even though there is no evidence of such disease during the period of service if it becomes manifest to any degree including non-compensable within 10
years from the date of separation from military service that includes a qualifying period of service as defined in paragraph a4 of this section.
2 Chronic diseases associated with exposure to particulate matter. The chronic diseases referred to in paragraph a1 of this section are the following:
i Asthma.
ii Rhinitis.
iii Sinusitis, to include rhinosinusitis.
3 Presumption of exposure. A
veteran who has a qualifying period of service as defined in paragraph a4 of this section shall be presumed to have been exposed to fine, particulate matter during such service, unless there is affirmative evidence to establish that the veteran was not exposed to fine, particulate matter during that service.
4 Qualifying period of service. The term qualifying period of service means any period of active military, naval, or air service in:
i The Southwest Asia theater of operations, as defined in 3.317e2, during the Persian Gulf War as defined in 3.2i.
ii Afghanistan, Syria, Djibouti, or Uzbekistan on or after September 19, 2001 during the Persian Gulf War as defined in 3.2i.
b Exceptions. A disease listed in paragraph a1 of this section shall not be presumed service connected if there is affirmative evidence that:
1 The disease was not incurred during or aggravated by a qualifying period of service; or 2 The disease was caused by a supervening condition or event that occurred between the veterans most recent departure from a qualifying period of service and the onset of the disease; or 3 The disease is the result of the veterans own willful misconduct.
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rulemaking NPRM for the District of Columbia. In the NPRM, EPA proposed approval of the Districts NNSR
40 CFR Part 52
Certification for the 2015 8-hour ozone EPAR03OAR20200489; FRL869102 NAAQS. The formal SIP revision was submitted by the District on May 5, R3
2020. Specifically, the District certified that its existing NNSR program, Approval and Promulgation of Air covering the District portion of the Quality Implementation Plans; District Washington, DCMDVA
of Columbia; Nonattainment New Nonattainment Area Washington Area Source Review Requirements for 2015
for the 2015 8-hour ozone NAAQS, is at 8-Hour Ozone Standard least as stringent as the requirements at AGENCY: Environmental Protection 40 CFR 51.165, as amended by the final Agency EPA.
rule titled Implementation of the 2015
ACTION: Final rule.
National Ambient Air Quality Standards for Ozone: Nonattainment Area State SUMMARY: The Environmental Protection Implementation Plan Requirements Agency EPA is approving a state SIP Requirements Rule, for ozone and implementation plan SIP revision its precursors. See 83 FR 62998
submitted by the Department of Energy December 6, 2018.
and Environment DOEE of the District On October 1, 2015, EPA promulgated of Columbia the District. The revision a revised 8-hour ozone NAAQS of 0.070
will fulfill the Districts Nonattainment parts per million ppm. 80 FR 65292
New Source Review NNSR SIP
October 26, 2015. Under EPAs element requirement for the 2015 8-hour regulations at 40 CFR 50.19, the 2015 8ozone National Ambient Air Quality hour ozone NAAQS is attained when Standard NAAQS. EPA is approving the three-year average of the annual the revision to the District of Columbia fourth-highest daily maximum 8-hour SIP in accordance with the requirements average ambient air quality ozone of the Clean Air Act CAA.
concentration is less than or equal to 0.070 ppm.
DATES: This final rule is effective on Upon promulgation of a new or September 7, 2021.
revised NAAQS, the CAA requires EPA
ADDRESSES: EPA has established a to designate as nonattainment any area docket for this action under Docket ID
Number EPAR03OAR20200489. All that is violating the NAAQS based on the three most recent years of ambient documents in the docket are listed on air quality data at the conclusion of the the https www.regulations.gov designation process. The Washington website. Although listed in the index, Area was classified as marginal some information is not publicly nonattainment for the 2015 8-hour available, e.g., confidential business ozone NAAQS on June 4, 2018 effective information CBI or other information whose disclosure is restricted by statute. August 3, 2018 using 20142016
ambient air quality data. 83 FR 25776.
Certain other material, such as On December 6, 2018, EPA issued the copyrighted material, is not placed on final SIP Requirements Rule, which the internet and will be publicly establishes the requirements that state, available only in hard copy form.
tribal, and local air quality management Publicly available docket materials are agencies must meet as they develop available through https
implementation plans for areas where www.regulations.gov, or please contact the person identified in the FOR FURTHER air quality exceeds the 2015 8-hour ozone NAAQS. 80 FR 65291, October INFORMATION CONTACT section for 26, 2015. Areas that were designated as additional availability information.
marginal ozone nonattainment areas are FOR FURTHER INFORMATION CONTACT:
required to attain the 2015 8-hour ozone Matthew Willson, Permits Branch NAAQS no later than August 3, 2021. 40
3AD10, Air & Radiation Division, U.S. CFR 51.1303 and 83 FR 10376, March 9, Environmental Protection Agency, 2018.
Region III, 1650 Arch Street, Based on initial nonattainment Philadelphia, Pennsylvania 19103. The designations for the 2015 8-hour ozone telephone number is 215 8145795.
NAAQS, as well as the December 6, Mr. Willson can also be reached via 2018 final SIP Requirements Rule, the electronic mail at Willson.Matthew@
District was required to develop a SIP
epa.gov.
revision addressing certain CAA
requirements for the Washington Area, SUPPLEMENTARY INFORMATION:
and submit to EPA a NNSR Certification I. Background SIP or SIP revision no later than 36
On March 11, 2021 86 FR 8734, EPA months after the effective date of area designations for the 2015 8-hour ozone published a notice of proposed ENVIRONMENTAL PROTECTION
AGENCY

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