Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Proposed Rules 79327 

who can provide the specific services 

and meet the standards identified in 

§ 63.15 and elsewhere in this part. 

(b) Awarding contracts. Contracts for 

services authorized under this section 

will be awarded in accordance with 

applicable VA and Federal procurement 

procedures in 48 CFR chapter 8. Such 

contracts will be awarded only after the 

quality, effectiveness and safety of the 

applicant’s program and facilities have 

been ascertained to VA’s satisfaction, 

and then only to applicants determined 

by VA to meet the requirements of this 

part. 

(c) Per diem rates and duration of 

contract periods. 

(1) Per diem rates are to be negotiated 

as a contract term between VA and the 

non-VA community-based provider; 

however, the negotiated rate must be 

based on local community needs, 

standards, and practices. 

(2) Contracts with non-VA 

community-based providers will 

establish the length of time for which 

VA may pay per diem based on an 

individual veteran; however, VA will 

not authorize the payment of per diem 

for an individual veteran for a period of 

more than 6 months absent 

extraordinary circumstances. 

(Authority: 38 U.S.C. 501, 2031) 

§ 63.15 Duties of, and standards 

applicable to, non-VA community-based 

providers. 

A non-VA community-based provider 

must meet all of the standards and 

provide the appropriate services 

identified in this section, as well as any 

additional requirements set forth in a 

specific contract. 

(a) Facility safety requirements. The 

facility must meet all applicable safety 

requirements set forth in 38 CFR 

17.81(a). 

(b) Treatment plans and therapeutic/ 

rehabilitative services. Individualized 

treatment plans are to be developed 

through a joint effort of the veteran, 

non-VA community-based provider staff 

and VA clinical staff. Therapeutic and 

rehabilitative services must be provided 

by the non-VA community-based 

provider as described in the treatment 

plan. In some cases, VA may 

complement the non-VA communitybased provider’s program with added 

treatment services such as participation 

in VA outpatient programs. Services 

provided by the non-VA communitybased provider generally should 

include, as appropriate: 

(1) Structured group activities such as 

group therapy, social skills training selfhelp group meetings or peer counseling. 

(2) Professional counseling, including 

counseling on self care skills, adaptive 

coping skills and, as appropriate, 

vocational rehabilitation counseling, in 

collaboration with VA programs and 

community resources. 

(c) Quality of life, room and board. 

(1) The non-VA community-based 

provider must provide residential room 

and board in an environment that 

promotes a lifestyle free of substance 

abuse. 

(2) The environment must be 

conducive to social interaction, 

supportive of recovery models and the 

fullest development of the resident’s 

rehabilitative potential. 

(3) Residents must be assisted in 

maintaining an acceptable level of 

personal hygiene and grooming. 

(4) Residential programs must provide 

laundry facilities. 

(5) VA will give preference to 

facilities located close to public 

transportation and/or areas that provide 

employment. 

(6) The program must promote 

community interaction, as demonstrated 

by the nature of scheduled activities or 

by information about resident 

involvement with community activities, 

volunteers, and local consumer services. 

(7) Adequate meals must be provided 

in a setting that encourages social 

interaction; nutritious snacks between 

meals and before bedtime must be 

available. 

(d) Staffing. The non-VA communitybased provider must employ sufficient 

professional staff and other personnel to 

carry out the policies and procedures of 

the program. There will be at a 

minimum, an employee on duty on the 

premises, or residing at the program and 

available for emergencies, 24 hours a 

day, 7 days a week. Staff interaction 

with residents should convey an 

attitude of genuine concern and caring. 

(e) Inspections. (1) VA must be 

permitted to conduct an initial 

inspection prior to the award of the 

contract and follow-up inspections of 

the non-VA community-based 

provider’s facility and records. At 

inspections, the non-VA communitybased provider must make available the 

documentation described in paragraph 

(e)(3) of this section. 

(2) If problems are identified as a 

result of an inspection, VA will 

establish a plan of correction and 

schedule a follow-up inspection to 

ensure that the problems are corrected. 

Contracts will not be awarded or 

renewed until noted deficiencies have 

been eliminated to the satisfaction of the 

inspector. 

(3) Non-VA community-based 

providers must keep sufficient 

documentation to support a finding that 

they comply with this section, including 

accurate records of participants’ lengths 

of stay, and these records must be made 

available at all VA inspections. 

(4) Inspections under this section may 

be conducted without prior notice. 

(f) Rights of veteran participants. The 

non-VA community-based provider 

must comply with all applicable 

patients’ rights provisions set forth in 38 

CFR 17.33. 

(g) Services and supplies. VA per 

diem payments under this part will 

include the services specified in the 

contract and any other services or 

supplies normally provided without 

extra charge to other participants in the 

non-VA community-based provider’s 

program. 

(Authority: 38 U.S.C. 501, 2031) 

(The Office of Management and Budget has 

approved the information collection 

requirement in this section under control 

number 2900–0091.) 

[FR Doc. 2010–31780 Filed 12–17–10; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2010–0909; FRL–9240–9] 

Finding of Substantial Inadequacy of 

Implementation Plan; Call for Utah 

State Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of the 

comment period. 

SUMMARY: EPA is extending the 

comment period for a document 

published on November 19, 2010 (75 FR 

70888). In the November 19, 2010 

document, EPA proposed a finding that 

the Utah State Implementation Plan 

(SIP) is substantially inadequate to 

attain or maintain the national ambient 

air quality standards (NAAQS) or to 

otherwise comply with the requirements 

of the Clean Air Act (CAA), based on 

Utah’s rule R307–107, which exempts 

emissions during unavoidable 

breakdowns from compliance with 

emission limitations. At the request of 

several commentors, EPA is extending 

the comment period through January 3, 

2011. 

DATES: Comments must be received on 

or before January 3, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2010–0909, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
79328 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Proposed Rules 

• E-mail: russ.tim@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop St., Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, Mail 

Code 8P–AR, 1595 Wynkoop St., 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

• For additional information on 

submitting comments, see the November 

19, 2010 (75 FR 70888) proposed rule. 

FOR FURTHER INFORMATION CONTACT: Tim 

Russ, Air Program, Mail Code 8P–AR, 

Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop St., 

Denver, Colorado 80202–1129, phone 

(303) 312–6479, or e-mail 

russ.tim@epa.gov. 

Dated: December 13, 2010. 

Judith Wong, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2010–31892 Filed 12–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 262 

[EPA–HQ–RCRA–2003–0012; FRL–9240–6] 

Technical Corrections to the Standards 

Applicable to Generators of Hazardous 

Waste; Alternative Requirements for 

Hazardous Waste Determination and 

Accumulation of Unwanted Material at 

Laboratories Owned by Colleges and 

Universities and Other Eligible 

Academic Entities Formally Affiliated 

With Colleges and Universities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing six 

technical corrections to an alternative 

set of hazardous waste generator 

requirements known as the ‘‘Academic 

Laboratories rule’’ or ‘‘Subpart K’’ which 

is applicable to laboratories owned by 

eligible academic entities. These 

changes correct errors published in the 

Academic Laboratories Final rule, 

including omissions and redundancies, 

as well as remove an obsolete reference 

to the Performance Track program 

which has been terminated. These 

technical corrections will improve the 

clarity of the Academic Laboratories 

rule. 

DATES: Written comments must be 

received by January 19, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2003–0012 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: rcra-docket@epa.gov. 

• Fax: 202–566–9794. 

• Mail: RCRA Docket, Environmental 

Protection Agency, Mailcode: 28221T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: EPA West Building, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC 20460. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–2003–0012. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/dockets. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the RCRA Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The 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, and the telephone 

number for the RCRA Docket is (202) 

566–0270. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Fitzgerald, Office of Resource 

Conservation and Recovery, (5304P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; (703) 308–8286; 

Fitzgerald.Kristin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA issuing this proposed 

rule? 

EPA is proposing six technical 

corrections that clarify the Academic 

Laboratories rule. In the ‘‘Rules and 

Regulations’’ section of today’s Federal 

Register, EPA is making these technical 

corrections as a Direct Final rule 

without a prior Proposed rule because 

we view this as a noncontroversial 

action and anticipate no adverse 

comment. We have explained our 

reasons for this action in the preamble 

to the Direct Final rule. If we receive no 

adverse comment on any of the 

individual changes we are promulgating 

today, we will not take further action on 

this Proposed rule. If, however, we 

receive such comment, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that those 

technical corrections of the Direct Final 

rule for which the Agency received 

adverse comment will not take effect, 

and the reason for such withdrawal. We 

do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS