63938 Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Rules and Regulations

§ 1.496 Orders authorizing the use of

undercover agents and informants to

criminally investigate employees or agents

of VA.

(a) Application. A court order

authorizing the placement of an

undercover agent or informant in a VA

drug or alcohol abuse, HIV infection, or

sickle cell anemia treatment program as

an employee or patient may be applied

for by any law enforcement or

prosecutorial agency which has reason

to believe that employees or agents of

the VA treatment program are engaged

in criminal misconduct.

(b) Notice. The VA facility director

must be given adequate notice of the

application and an opportunity to

appear and be heard (for the limited

purpose of providing evidence on the

statutory and regulatory criteria for the

issuance of the court order), unless the

application asserts a belief that:

(1) The VA facility director is

involved in the criminal activities to be

investigated by the undercover agent or

informant; or

(2) The VA facility director will

intentionally or unintentionally disclose

the proposed placement of an

undercover agent or informant to the

employees or agents who are suspected

of criminal activities.

(c) Criteria. An order under this

section may be entered only if the court

determines that good cause exists. To

make this determination the court must

find:

(1) There is reason to believe that an

employee or agent of a VA treatment

program is engaged in criminal activity;

(2) Other ways of obtaining evidence

of this criminal activity are not available

or would not be effective; and

(3) The public interest and need for

the placement of an undercover agent or

informant in the VA treatment program

outweigh the potential injury to patients

of the program, physician-patient

relationships and the treatment services.

(d) Content of order. An order

authorizing the placement of an

undercover agent or informant in a VA

treatment program must:

(1) Specifically authorize the

placement of an undercover agent or an

informant;

(2) Limit the total period of the

placement to six months;

(3) Prohibit the undercover agent or

informant from disclosing any patient

identifying information obtained from

the placement except as necessary to

criminally investigate or prosecute

employees or agents of the VA treatment

program; and

(4) Include any other measures which

are appropriate to limit any potential

disruption of the program by the

placement and any potential for a real

or apparent breach of patient

confidentiality; for example, sealing

from public scrutiny the record of any

proceeding for which disclosure of a

patient’s record has been ordered.

(e) Limitation on use of information.

No information obtained by an

undercover agent or informant placed

under this section may be used to

criminally investigate or prosecute any

patient or as the basis for an application

for an order under § 1.494 of this part.

(Authority: 38 U.S.C. 7334)

§ 1.497–1.499 [Reserved]

§ 1.513 [Amended]

3. In § 1.513(b)(2) remove the words

‘‘Post Office Department’’ and add in

their place, ‘‘U.S. Postal Service’’.

§ 1.513a [Removed]

4. Section § 1.513a is removed.

[FR Doc. 95–30138 Filed 12–12–95; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 081–4012a; FRL–5326–5]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Approval of Stage II

Vapor Recovery Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Pennsylvania. This revision

supplements the approved Pennsylvania

Stage II regulation by establishing and

requiring appropriate testing and

certification of Stage II vapor recovery

equipment for affected sources in

Pennsylvania. The intended effect of

this action is to approve these

requirements as a supplement to the

Pennsylvania Stage II vapor recovery

regulation, Chapter 129.82. Final

approval of these supplemental

provisions to the Stage II regulation will

stop the sanctions clock that was started

on June 13, 1994.

DATES: This action will become effective

January 22, 1996 unless notice is

received on or before January 12, 1996

that adverse or critical comments will

be submitted. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Comments may be mailed to

Marcia L. Spink, Associate Director, Air

Programs, Mailcode 3AT00, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; the Air and Radiation Docket

and Information Center, U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460;

Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Cynthia H. Stahl, (215) 597–9337, at the

EPA Region III address above.

SUPPLEMENTARY INFORMATION: On

October 26, 1995, the Commonwealth of

Pennsylvania submitted a formal

revision to its State Implementation

Plan (SIP). The SIP revision consists of

sections 6.7(b), (c), (h) and section 17(2)

of the Pennsylvania Air Pollution

Control Act, as amended on June 29,

1992 and effective on July 9, 1992.

These provisions are meant to

supplement the existing Pennsylvania

Stage II vapor recovery regulation,

Chapter 129.82. EPA approved the Stage

II regulations in a final limited

approval/disapproval rulemaking notice

on June 13, 1994 (59 FR 30302). These

supplemental provisions correct the

deficiencies identified in that

rulemaking notice and the proposal,

which was published on November 29,

1993 (58 FR 62560). The June 13, 1994

final limited approval/disapproval

rulemaking started a sanctions clock

that allowed Pennsylvania 18 months to

submit material that would correct the

deficiencies in the Stage II regulation.

This 18 month period ends on January

14, 1996. Final approval of the Stage II

regulations will stop this sanctions

clock. The submittal of the

supplemental provisions that correct the

existing deficiency in the Pennsylvania

Stage II regulation allows EPA to

convert the limited approval/

disapproval of the Pennsylvania Stage II

regulation to a full approval; thereby

halting the sanctions clock.

Summary of SIP Revision

Section 17(2) establishes the effective

date of the Pennsylvania Stage II vapor

recovery regulations as November 12,

1992. This effective date is consistent

with the requirements of section 182 of
Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Rules and Regulations 63939

the Clean Air Act and the EPA Stage II

guidance developed under that section.

Sections 6.7(b) and (c) establish the

effective date for affected sources based

on their gasoline throughput or

construction date. Section 6.7(h)

establishes that the testing and

certification required for all affected

sources must be conducted in

accordance with the Stage II guidance

issued by EPA. EPA has determined that

each of these provisions is consistent

with the Clean Air Act and EPA’s Stage

II guidance.

EPA is approving this SIP revision

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective January 22, 1996

unless, within 30 days of publication,

adverse or critical comments are

received.

If EPA receives such comments, this

action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on the proposed rule. EPA will

not institute a second comment period

on this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective on January 22,

1996.

Final Action

EPA is approving sections 6.7(b), (c),

(h) and section 17(2) of the

Pennsylvania Air Pollution Control Act,

as amended on June 29, 1992, as these

provisions correct the deficiencies in

the Stage II requirements in

Pennsylvania Chapter 129.82, which

were approved in a limited fashion by

EPA on June 13, 1994. An interim final

determination published elsewhere in

this Federal Register stops the sanctions

clock that was started when the final

limited approval/disapproval action was

published on June 13, 1994 until EPA’s

full approval of the Pennsylvania Stage

II regulation becomes effective.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2). SIP approval actions

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final that

includes a Federal mandate that may

result in estimated costs to State, local,

or tribal governments in the aggregate;

or to the private sector, of $100 million

or more. Under section 205, EPA must

select the most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires EPA to establish a

plan for informing and advising any

small governments that may be

significantly or uniquely impacted by

the rule.

EPA has determined that the approval

action proposed/promulgated does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

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

Air Act, petitions for judicial review of

this action, pertaining to the approval of

supplemental Stage II provisions in

Pennsylvania, must be filed in the

United States Court of Appeals for the

appropriate circuit by February 12,

1996. 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Dated: October 31, 1995.

W. Michael McCabe,

Regional Administrator, Region III.

40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart NN—Pennsylvania

2. Section 52.2020 is amended by

adding paragraphs (c)(106) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(106) Revisions to the Pennsylvania

Regulations, Chapter 129.82 pertaining

to Stage II Vapor Recovery and the

associated definition of gasoline

dispensing facilities originally

submitted on March 4, 1992 and

supplemented on October 26, 1995 by

the Pennsylvania Department of

Environmental Protection (formerly

known as the Department of

Environmental Resources):
63940 Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Rules and Regulations

1As previously noted, however, by this action

EPA is providing the public with a chance to

comment on EPA’s determination after the effective

date and EPA will consider any comments received

in determining whether to reverse such action.

(i) Incorporation by reference.

(A) Letter of October 26, 1995 from

the Pennsylvania Department of

Environmental Protection transmitting

sections 6.7 (b), (c), (h) and section 17(2)

of the Pennsylvania Air Pollution

Control Act as amended on June 29,

1992.

(B) Sections 6.7 (b), (c), (h), and

section 17(2) of the Pennsylvania Air

Pollution Control Act, amended June 29,

1992 and effective on July 9, 1992.

[FR Doc. 95–30109 Filed 12–12–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[PA 081–4012c; FRL–5343–7]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Interim Final

Determination That Pennsylvania has

Corrected the Deficiency in the Stage

II Vapor Recovery Regulation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim final determination.

SUMMARY: Elsewhere in today’s Federal

Register, EPA has published a direct

final rulemaking fully approving the

Commonwealth of Pennsylvania’s

submittal of its Stage II Vapor Recovery

requirements. The EPA has also

published a proposed rulemaking to

provide the public with an opportunity

to comment on EPA’s action. If a person

submits adverse comments on EPA’s

proposed action, EPA will withdraw its

direct final action and will consider any

comments received before taking final

action on the State’s submittal. Based on

the proposed full approval, EPA is

making an interim final determination

by this action that the State has

corrected the deficiency for which a

sanctions clock began on July 13, 1994.

This action will defer the application of

the offset sanction and defer the

application of the highway sanction.

Although this action is effective upon

publication, EPA will take comment on

this interim final determination as well

as EPA’s proposed approval of the

State’s submittal. If no comments are

received on EPA’s proposed approval of

the State’s submittal, the direct final

action published in today’s Federal

Register will also finalize EPA’s

determination that the State has

corrected the deficiency that started the

sanctions clock. If comments are

received on EPA’s proposed approval

and this interim final action, EPA will

publish a final rule taking into

consideration any comments received.

DATES: Effective date. December 13,

1995.

Comment date. Comments must be

received by January 12, 1996.

ADDRESSES: Comments should be sent to

Marcia L. Spink, Associate Director, Air

Programs, (3AT00), Air, Radiation and

Toxics Division, U.S. EPA Region III,

841 Chestnut Building, Philadelphia,

Pennsylvania 19103. The state submittal

and EPA’s analysis for that submittal,

which are the basis for this action, are

available for public review at the above

address and at the Pennsylvania

Department of Environmental

Protection, Bureau of Air Quality, P.O.

Box 8468, 400 Market Street, Harrisburg,

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Cynthia H. Stahl, (215) 597–9337, at the

EPA Region III address above of via email at stahl.cynthia@epamail.epa.gov.

While information may be requested via

e-mail, comments must be submitted in

writing to the EPA Region III address

above.

SUPPLEMENTARY INFORMATION:

I. Background

On March 4, 1992, the Pennsylvania

Department of Environmental

Protection, Bureau of Air Quality,

submitted a Stage II vapor recovery

regulation, Chapter 129.82, which EPA

disapproved in a limited fashion on

June 13, 1994 (59 FR 30302). The EPA’s

disapproval action started an 18-month

clock for the application of one sanction

(followed by a second sanction 6

months later) under section 179 of the

Clean Air Act (Act) and a 24-month

clock for promulgation of a Federal

implementation plan under section

110(c)(1) of the Act. The State

subsequently submitted a revised

program on October 27, 1995, correcting

the deficiencies in the original

submittal. The EPA has taken direct

final action on this submittal pursuant

to its modified direct final policy set

forth at 59 FR 24054 (May 10, 1994). In

the Rules section of today’s Federal

Register, EPA has issued a direct final

full approval of the Commonwealth of

Pennsylvania’s submittal of its Stage II

vapor recovery regulation. In addition,

in the Proposed Rules section of today’s

Federal Register, EPA has proposed full

approval of the State’s submittal.

II. EPA Action

Based on the proposed full approval

set forth in today’s Federal Register,

EPA believes that it is more likely than

not that the State has corrected the

original disapproval deficiency that

started the sanction clock and, therefore,

EPA is taking this interim final action

finding that the State has corrected the

disapproval deficiency, effective on

publication. This action does not stop

the sanction clock that started under

section 179 for this area on July 13,

1994. However, this action will defer

the application of the offset sanction

and will defer the application of the

highway sanction. See 59 FR 39832

(Aug. 4, 1994) to be codified at 40 CFR

52.31. If EPA’s direct final action fully

approving the State’s submittal becomes

effective, such action will permanently

stop the sanction clock and will

permanently lift any applied, stayed or

deferred sanctions.

Today EPA is also providing the

public with an opportunity to comment

on this interim final action. If, based on

any comments on this action and any

comments on EPA’s proposed full

approval of the State’s submittal, EPA

determines that the State’s submittal is

not fully approvable and this final

action was inappropriate, EPA will take

further action to disapprove the State’s

submittal and to find that the State has

not corrected the original disapproval

deficiency. As appropriate, EPA will

also issue an interim final determination

or a final determination that the

deficiency has not been corrected. In

addition, the sanctions consequences

described in the sanctions rule will also

apply. See 59 FR 39832.

III. Administrative Requirements

Because EPA has preliminarily

determined that the State has an

approvable plan, relief from sanctions

should be provided as quickly as

possible. Therefore, EPA is invoking the

good cause exception under the

Administrative Procedure Act (APA) in

not providing an opportunity for

comment before this action takes effect.1

5 U.S.C. 553(b)(B). The EPA believes

that notice-and-comment rulemaking

before the effective date of this action is

impracticable and contrary to the public

interest. The EPA has reviewed the

State’s submittal and, through its

proposed and direct final action, is

indicating that it is more likely than not

that the State has corrected the

deficiency that started the sanctions

clock. Therefore, it is not in the public

interest to initially apply sanctions or to

keep applied sanctions in place when

the State has most likely done all that

it can to correct the deficiency that

triggered the sanctions clock. Moreover,

it would be impracticable to go through

notice-and-comment rulemaking on a