American Recovery and Reinvestment Act of 2009 (Recovery Act) Clarification of April 30, 2009 Addendum to Supplemental Funding for Brownfields Revolving Loan Fund (RLF) Grantees, 31732-31733 [E9-15688]
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Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices
Abstract: Section 1414(c)(3)(A) of the
Safe Drinking Water Act requires that
each state (a term that includes states,
commonwealths and territories) that has
primary enforcement authority under
the Act shall prepare, make readily
available to the public, and submit to
the Administrator of EPA, an annual
report of violations of national primary
drinking water regulations in the State.
These Annual State Public Water
System Compliance Reports are to
include violations of maximum
contaminant levels, treatment
requirements, variances and
exemptions, and monitoring
requirements determined to be
significant by the Administrator after
consultation with the states. To
minimize a state’s burden in preparing
its annual statutorily-required report,
EPA issued guidance that explains what
Section 1414(c)(3)(A) requires and
provides model language and reporting
templates. EPA also annually makes
available to the states a computer query
that generates for each state (from
information states are already separately
required to submit to EPA’s national
database on a quarterly basis) the
required violations information in a
table consistent with the reporting
template in EPA’s guidance.
Affected Entities: Entities potentially
affected by this action are states, tribes,
and territories that have primary
enforcement authority and meet the
definition of ‘‘state’’ under the Safe
Drinking Water Act (Act).
Estimated Number of Respondents:
56.
Frequency of Response: Annually.
Estimated Total Annual Hour Burden:
4,480 hours.
Estimated Total Annual Cost:
$280,000. This includes an estimated
burden cost of $280,000 and an
estimated cost of $0 for capital
investment or maintenance and
operational costs.
Changes in the Estimates: There is a
decrease of 80 hours in the total
estimated hour burden currently
identified in the OMB inventory of
Approved ICR Burden. This is due to
the fact that the number of respondents
included in the current approved ICR
incorrectly counted the burden of the
District of Columbia as a respondent,
when that burden is done by EPA, not
the District of Columbia. The hour
burden for each respondent is estimated
as 80 hours.
EPA will consider any comments
received and may amend any of the
above ICR, as appropriate. Then the
final ICR packages will be submitted to
OMB for review and approval pursuant
to 5 CFR 1320.12. At that time, EPA will
VerDate Nov<24>2008
15:35 Jul 01, 2009
Jkt 217001
issue one Federal Register notice
pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR(s)
to OMB and the opportunity to submit
additional comments to OMB. If you
have any questions about any of the
above or the approval process, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Dated: June 23, 2009.
Lisa C. Lund,
Director, Office of Compliance.
[FR Doc. E9–15683 Filed 7–1–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8925–6]
American Recovery and Reinvestment
Act of 2009 (Recovery Act)
Clarification of April 30, 2009
Addendum to Supplemental Funding
for Brownfields Revolving Loan Fund
(RLF) Grantees
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: EPA published a notice on
April 30, 2009 concerning the
applicability of Title XVI, section 1605
of the Recovery Act (‘‘Buy American’’),
to loans and subgrants that would be
made with approximately $40 million in
Recovery Act funding the Agency will
use to supplement Revolving Loan Fund
capitalization grants previously
awarded competitively under section
104(k)(3) of the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA). The April
30, 2009 notice stated that ‘‘remediation
activities conducted with RLF
supplemental funds by private sector
developers, non-profit organizations or
other non-governmental borrowers or
subgrantees, and tribes, are not public
buildings or public works for the
purposes of the Buy American provision
of the Recovery Act as implemented at
subpart B of 2 CFR part 176.’’ This
notice clarifies that statement. If a nongovernmental or tribal borrower or
subgrantee uses RLF supplemental
funds to remediate a public building or
public work as defined by the Office of
Management and Budget (OMB)
regulations, the Buy American provision
of the Recovery Act will apply to that
loan or subgrant.
DATES: This action is effective July 2,
2009.
FOR FURTHER INFORMATION CONTACT: Debi
Morey, U.S. EPA, Office of Solid Waste
and Emergency Response, Office of
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
Brownfields and Land Revitalization,
(202) 566–2735 or the appropriate
Brownfields Regional Contact.
SUPPLEMENTARY INFORMATION:
Background
On February 17, 2009, President
Barack Obama signed the American
Recovery and Reinvestment Act of 2009
(Pub. L. 111–05) (Recovery Act). Title
XVI, section 1605 of the Recovery Act,
(‘‘Buy American’’) prohibits the use of
Recovery Act funds for projects
involving ‘‘the construction, alteration,
maintenance or repair of a public
building or public work unless all of the
iron, steel, and manufactured goods
used in the project are produced in the
United States’’ unless certain specified
exceptions apply. OMB has issued
regulations at subpart B of 2 CFR part
176 implementing the Recovery Act Buy
American provision.
EPA received $100 million in
Recovery Act appropriations for the
CERCLA 104(k) Brownfields Program of
which 25% must be used at brownfields
sites contaminated with petroleum. As
indicated in EPA’s April 10, 2009 notice
(74 FR 16386), the Agency has allocated
approximately $40 million of Recovery
Act funds for supplemental funding of
current RLF grantees as authorized by
CERCLA 104(k)(4). On April 30, 2009,
EPA issued a notice (74 FR 19954)
regarding the applicability of the Buy
American provision of the Recovery Act
to this supplemental funding. The April
30 notice stated that, ‘‘It is possible that
a limited amount of RLF supplemental
funding will be used directly by nonfederal governmental entity borrowers
or subgrantees to install concrete or
asphalt (or similar material) caps to
remediate contamination on
brownfields on a public building or
public work, as defined at 2 CFR
176.140(a), or to construct alternative
drinking water systems as part of the
remedy at a brownfields site * * *.
Construction of alternate drinking water
systems by a non-federal governmental
entity with RLF supplemental funding
would be a public work under 2 CFR
176.140(a) * * *. Please note that in
accordance with 2 CFR 176.140(a),
remediation activities conducted with
RLF supplemental funds by private
sector developers, non-profit
organizations or other nongovernmental borrowers or subgrantees,
and tribes are not public buildings or
public works for the purposes of the
Buy American provision of the Recovery
Act as implemented at subpart B of 2
CFR part 176.’’ Upon further review,
EPA has determined that when a nongovernmental borrower or subgrantee
E:\FR\FM\02JYN1.SGM
02JYN1
Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices
uses RLF supplemental funds for
remediation activities at a public
building or to carry out a public work,
the Buy American provisions of the
Recovery Act apply. For example, if a
private sector developer were to use an
RLF loan to install a cap at a public
building, the Buy American provisions
of the Recovery Act would apply.
Similarly, if a non-profit RLF subgrantee
were to construct an alternate drinking
water system connected to a public
system as part of a remedial action at a
brownfield site, the Buy American
provisions of the Recovery Act would
apply to the loan or subgrant. There may
be other situations in which the Buy
American provisions apply to the use of
RLF supplemental funds by nongovernmental borrowers and
subgrantees for remediation activities at
public buildings or public works as
well.
Statutory and Executive Order
Reviews: Under Executive Order 12866
(58 FR 51735, October 4, 1993), this
action is not a ‘‘significant regulatory
action’’ and is therefore not subject to
OMB review. Because this grant action
is not subject to notice and comment
requirements under the Administrative
Procedures Act or any other statute, it
is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) or
sections 202 and 205 of the Unfunded
Mandates Reform Act of 1999 (UMRA)
(Pub. L. 104–4). In addition, this action
does not significantly or uniquely affect
small governments. Although this action
does not generally create new binding
legal requirements, where it does, such
requirements do not substantially and
directly affect Tribes under Executive
Order 13175 (63 FR 67249, November 9,
2000). Although this grant action does
not have significant Federalism
implications under Executive Order
13132 (64 FR 43255, August 10, 1999),
EPA consulted with states in the
development of these grant guidelines.
This action is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations that Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001), because it is
not a significant regulatory action under
Executive Order 12866. This action does
not involve technical standards; 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. This action 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.)
generally provides that before certain
VerDate Nov<24>2008
15:35 Jul 01, 2009
Jkt 217001
actions may take effect, the agency
promulgating the action must submit a
report, which includes a copy of the
action, to each House of the Congress
and to the Comptroller General of the
United States. Since this grant action,
when finalized, will contain legally
binding requirements, it is subject to the
Congressional Review Act, and EPA will
submit its final action in its report to
Congress under the Act.
Dated: June 23, 2009.
David R. Lloyd,
Director, Office of Brownfields and Land
Revitalization, Office of Solid Waste and
Emergency Response.
[FR Doc. E9–15688 Filed 7–1–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–8594–9]
Environmental Impact Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information (202)
564–1399 or https://www.epa.gov/
compliance/nepa/.
Weekly receipt of Environmental Impact
Statements
Filed June 22, 2009 through June 26,
2009
Pursuant to 40 CFR 1506.9.
EIS No. 20090215, Final EIS, AFS, MT,
Miller West Fisher Project, Proposes
Land Management Activities,
including Timber Harvest, Access
Management, Road Storage and
Decommissioning, Prescribed Burning
and Precommercial Thinning, Miller
Creek, West Fisher Creek and the
Silver Butte Fisher River, Libby
Ranger District, Kootenai National
Forest, Lincoln County, MT, Wait
Period Ends: 08/03/2009 Contact:
Leslie McDougall 406–293–7773.
EIS No. 20090216, Final EIS, COE, MS,
PROGRAMMATIC EIS—Mississippi
Coastal Improvements Program
(MsCIP), Comprehensive Plan,
Implementation, Hancock, Harrison
and Jackson Counties, MS, Wait
Period Ends: 08/03/2009, Contact: Dr.
Susan Ivester Rees 251–694–4141.
EIS No. 20090217, Final EIS, AFS, AK,
Logjam Timber Sale Project, Proposes
Timber Harvesting from 4 Land Use
Designations, Tongass Land and
Resource Management Plan, Thorne
Bay Ranger District, Tongass National
Forest, Prince of Wales Island, AK,
Wait Period Ends: 08/03/2009,
Contact: Frank Roberts 907–828–3250.
EIS No. 20090218, Final EIS, NRC, PA,
GENERIC—License Renewal of
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
31733
Nuclear Plants, Supplement 37
NUREG–1437, Regarding Three Mile
Island Nuclear Station, Unit 1,
Dauphin County, PA, Wait Period
Ends: 08/03/2009, Contact: Sarah
Lopas 301–415–1147.
EIS No. 20090219, Final EIS, USA, GA,
Maneuver Center of Excellence at Fort
Benning Project, Proposed
Community Services, Personnel
Support, Classroom Barracks, and
Dining Facilities would be
Constructed in three of the four
Cantonment Areas, Fort Benning, GA,
Wait Period Ends: 08/03/2009,
Contact: Jennifer Shore 703–602–
4238.
EIS No. 20090220, Second Final
Supplement, NOA, Amendment 10
Atlantic Mackerel, Squid, Butterfish
Fishery Management Plan,
Development of a Rebuilding Program
that Allows Butterfish Stock to
Rebuild in the Shortest Time Possible,
Exclusive Economic Zone (EEZ), off
the U.S. Atlantic Coast, Wait Period
Ends: 08/05/2009, Contact: Patricia
Kurkul 978–281–9250.
EIS No. 20090221, Draft EIS, AFS, WI,
Northwest Sands Restoration Project,
Restoring the Pine Barren Ecosystem,
Implementation, Washburn District
Ranger, Chequamegon-Nicolet
National Forest, Bayfield County, WI,
Comment Period Ends: 08/17/2009,
Contact: Jennifer Maziasz 715–373–
2667 ext. 235.
Amended Notices
EIS No. 20090190, Draft EIS, AFS, OR,
Wallowa-Whitman National Forest
Travel Management Plan, Designate
Roads Trails and Areas for Motor
Vehicle User, Baker, Grant, Umatilla,
Union and Wallowa Counties, OR,
Comment Period Ends: 08/18/2009,
Contact: Cindy Whitlock 541–962–
8501 Revision to FR Notice Published
06/19/2009: Extending Comment
Period from 08/17/2009 to 08/18/
2009.
Dated: June 29, 2009.
Robert W. Hargrove,
Director, NEPA Compliance Division, Office
of Federal Activities.
[FR Doc. E9–15693 Filed 7–1–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–8595–1]
Environmental Impact Statements and
Regulations; Availability of EPA
Comments
Availability of EPA comments
prepared pursuant to the Environmental
E:\FR\FM\02JYN1.SGM
02JYN1
]]>Agencies
[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Notices]
[Pages 31732-31733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15688]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8925-6]
American Recovery and Reinvestment Act of 2009 (Recovery Act)
Clarification of April 30, 2009 Addendum to Supplemental Funding for
Brownfields Revolving Loan Fund (RLF) Grantees
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA published a notice on April 30, 2009 concerning the
applicability of Title XVI, section 1605 of the Recovery Act (``Buy
American''), to loans and subgrants that would be made with
approximately $40 million in Recovery Act funding the Agency will use
to supplement Revolving Loan Fund capitalization grants previously
awarded competitively under section 104(k)(3) of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA). The
April 30, 2009 notice stated that ``remediation activities conducted
with RLF supplemental funds by private sector developers, non-profit
organizations or other non-governmental borrowers or subgrantees, and
tribes, are not public buildings or public works for the purposes of
the Buy American provision of the Recovery Act as implemented at
subpart B of 2 CFR part 176.'' This notice clarifies that statement. If
a non-governmental or tribal borrower or subgrantee uses RLF
supplemental funds to remediate a public building or public work as
defined by the Office of Management and Budget (OMB) regulations, the
Buy American provision of the Recovery Act will apply to that loan or
subgrant.
DATES: This action is effective July 2, 2009.
FOR FURTHER INFORMATION CONTACT: Debi Morey, U.S. EPA, Office of Solid
Waste and Emergency Response, Office of Brownfields and Land
Revitalization, (202) 566-2735 or the appropriate Brownfields Regional
Contact.
SUPPLEMENTARY INFORMATION:
Background
On February 17, 2009, President Barack Obama signed the American
Recovery and Reinvestment Act of 2009 (Pub. L. 111-05) (Recovery Act).
Title XVI, section 1605 of the Recovery Act, (``Buy American'')
prohibits the use of Recovery Act funds for projects involving ``the
construction, alteration, maintenance or repair of a public building or
public work unless all of the iron, steel, and manufactured goods used
in the project are produced in the United States'' unless certain
specified exceptions apply. OMB has issued regulations at subpart B of
2 CFR part 176 implementing the Recovery Act Buy American provision.
EPA received $100 million in Recovery Act appropriations for the
CERCLA 104(k) Brownfields Program of which 25% must be used at
brownfields sites contaminated with petroleum. As indicated in EPA's
April 10, 2009 notice (74 FR 16386), the Agency has allocated
approximately $40 million of Recovery Act funds for supplemental
funding of current RLF grantees as authorized by CERCLA 104(k)(4). On
April 30, 2009, EPA issued a notice (74 FR 19954) regarding the
applicability of the Buy American provision of the Recovery Act to this
supplemental funding. The April 30 notice stated that, ``It is possible
that a limited amount of RLF supplemental funding will be used directly
by non-federal governmental entity borrowers or subgrantees to install
concrete or asphalt (or similar material) caps to remediate
contamination on brownfields on a public building or public work, as
defined at 2 CFR 176.140(a), or to construct alternative drinking water
systems as part of the remedy at a brownfields site * * *. Construction
of alternate drinking water systems by a non-federal governmental
entity with RLF supplemental funding would be a public work under 2 CFR
176.140(a) * * *. Please note that in accordance with 2 CFR 176.140(a),
remediation activities conducted with RLF supplemental funds by private
sector developers, non-profit organizations or other non-governmental
borrowers or subgrantees, and tribes are not public buildings or public
works for the purposes of the Buy American provision of the Recovery
Act as implemented at subpart B of 2 CFR part 176.'' Upon further
review, EPA has determined that when a non-governmental borrower or
subgrantee
[[Page 31733]]
uses RLF supplemental funds for remediation activities at a public
building or to carry out a public work, the Buy American provisions of
the Recovery Act apply. For example, if a private sector developer were
to use an RLF loan to install a cap at a public building, the Buy
American provisions of the Recovery Act would apply. Similarly, if a
non-profit RLF subgrantee were to construct an alternate drinking water
system connected to a public system as part of a remedial action at a
brownfield site, the Buy American provisions of the Recovery Act would
apply to the loan or subgrant. There may be other situations in which
the Buy American provisions apply to the use of RLF supplemental funds
by non-governmental borrowers and subgrantees for remediation
activities at public buildings or public works as well.
Statutory and Executive Order Reviews: Under Executive Order 12866
(58 FR 51735, October 4, 1993), this action is not a ``significant
regulatory action'' and is therefore not subject to OMB review. Because
this grant action is not subject to notice and comment requirements
under the Administrative Procedures Act or any other statute, it is not
subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) or
sections 202 and 205 of the Unfunded Mandates Reform Act of 1999 (UMRA)
(Pub. L. 104-4). In addition, this action does not significantly or
uniquely affect small governments. Although this action does not
generally create new binding legal requirements, where it does, such
requirements do not substantially and directly affect Tribes under
Executive Order 13175 (63 FR 67249, November 9, 2000). Although this
grant action does not have significant Federalism implications under
Executive Order 13132 (64 FR 43255, August 10, 1999), EPA consulted
with states in the development of these grant guidelines. This action
is not subject to Executive Order 13211, ``Actions Concerning
Regulations that Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), because it is not a significant
regulatory action under Executive Order 12866. This action does not
involve technical standards; 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. This action 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.) generally provides that before certain actions may
take effect, the agency promulgating the action must submit a report,
which includes a copy of the action, to each House of the Congress and
to the Comptroller General of the United States. Since this grant
action, when finalized, will contain legally binding requirements, it
is subject to the Congressional Review Act, and EPA will submit its
final action in its report to Congress under the Act.
Dated: June 23, 2009.
David R. Lloyd,
Director, Office of Brownfields and Land Revitalization, Office of
Solid Waste and Emergency Response.
[FR Doc. E9-15688 Filed 7-1-09; 8:45 am]
BILLING CODE 6560-50-P
