Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Claywood Park Public Service District, West Virginia, 32918-32919 [E9-16265]
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32918
Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices
submitted electronically or in paper,
will be made available for public
viewing at https://www.regulations.gov,
as EPA receives them and without
change, unless the comment contains
copyrighted material, confidential
business information (CBI), or other
information whose public disclosure is
restricted by statute. For further
information about the electronic docket,
go to www.regulations.gov.
Title: NSPS for Petroleum Dry
Cleaners (Renewal)
ICR Numbers: EPA ICR Number
0997.09, OMB Control Number 2060–
0079.
ICR Status: This ICR is scheduled to
expire on August 31, 2009. Under OMB
regulations, the Agency may continue to
conduct or sponsor the collection of
information while this submission is
pending at OMB. An Agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
The OMB control numbers for EPA’s
regulations in title 40 of the CFR, after
appearing in the Federal Register when
approved, are listed in 40 CFR part 9,
and displayed either by publication in
the Federal Register or by other
appropriate means, such as on the
related collection instrument or form, if
applicable. The display of OMB control
numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
Abstract: The New Source
Performance Standards (NSPS) for
Petroleum Dry Cleaners (40 CFR part 60,
subpart JJJ) were proposed on December
14, 1982, promulgated on September 24,
1984, and amended on October 17, 2000
(65 FR 61773).
The affected entities are subject to the
General Provisions of the NSPS at 40
CFR part 60, subpart A and any changes,
or additions to the General Provisions
specified at 40 CFR part 60, subpart JJJ.
Owners or operators of the affected
facilities must make an initial
notification, performance tests, periodic
reports, and maintain records of the
occurrence and duration of any startup,
shutdown, or malfunction in the
operation of an affected facility, or any
period during which the monitoring
system is inoperative. Reports, at a
minimum, are required semiannually.
Burden Statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 22 hours per
response. Burden means the total time,
effort, or financial resources expended
by persons to generate, maintain, retain,
or disclose or provide information to or
for a Federal agency. This includes the
time needed to review instructions;
VerDate Nov<24>2008
15:49 Jul 08, 2009
Jkt 217001
develop, acquire, install, and utilize
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements which have subsequently
changed; train personnel to be able to
respond to a collection of information;
search data sources; complete and
review the collection of information;
and transmit or otherwise disclose the
information.
Respondents/Affected Entities:
Petroleum dry cleaners.
Estimated Number of Respondents:
18.
Frequency of Response: Initially.
Estimated Total Annual Hour Burden:
1,664.
Estimated Total Annual Cost:
$134,355 in labor costs exclusively.
There are no annualized capital/startup
costs or O&M costs associated with this
ICR.
Changes in the Estimates: There is no
change in the total estimated burden
currently identified in the OMB
Inventory of Approved ICR Burdens.
Apparent differences of less than 500
hours are attributable to rounding; in
previous years, hours were rounded to
the nearest thousand; this ICR presents
more exact figures.
Dated: July 2, 2009.
John Moses,
Director, Collection Strategies Division.
[FR Doc. E9–16267 Filed 7–8–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8928–4]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Claywood Park Public Service
District, West Virginia
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The EPA is hereby granting a
project waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(2) [manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality]
to the Claywood Park Public Service
District (PSD) for the purchase of
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Fmt 4703
Sfmt 4703
blowers at their Wastewater Treatment
Plant (WWTP). These blowers are
manufactured outside of the United
States by Aerzen, a company based in
Germany, and meet the PSD’s technical
specifications. The Acting Regional
Administrator is making this
determination based on the review and
recommendations of the EPA Region III,
Water Protection Division, Office of
Infrastructure and Assistance. The
Claywood Park Public Service District
has provided sufficient documentation
to support its request.
The Assistant Administrator of the
EPA’s Office of Administration and
Resources Management has concurred
on this decision to make an exception
to Section 1605 of ARRA. This action
permits the purchase of specific type
blowers for the proposed project being
implemented by the Claywood Park
Public Service District.
DATES: Effective Date: June 8, 2009.
FOR FURTHER INFORMATION CONTACT:
Robert Chominski, Deputy Associate
Director, (215) 814–2162, or David
McAdams, Environmental Engineer,
(215) 814–5764, Office of Infrastructure
& Assistance (OIA), Water Protection
Division, U.S. EPA Region III, 1650
Arch Street, Philadelphia, PA 19103–
2029.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c)
and pursuant to Section 1605(b)(2) of
Public Law 111–5, Buy American
requirements, EPA hereby provides
notice that it is granting a project waiver
to the Claywood Park Public Service
District (PSD) for the acquisition of
specialized blowers manufactured
outside of the United States by Aerzen,
a company based in Germany. Section
1605 of the ARRA requires that none of
the appropriated funds may be used for
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 a waiver is
provided to the recipient by EPA. A
waiver may be provided if EPA
determines that (1) Applying these
requirements would be inconsistent
with public interest; (2) iron, steel, and
the relevant manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality;
or (3) inclusion of iron, steel, and the
relevant manufactured goods produced
in the United States will increase the
cost of the overall project by more than
25 percent.
The PSD has provided information to
the EPA representing that there are
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09JYN1
rmajette on DSK29S0YB1 with NOTICES
Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices
currently no blowers manufactured in
the United States that have the same
product specifications in place. The
specifications for the new blowers
required that both the gear-end and the
drive-end of the blowers shall be oil
splash lubricated for minimal
maintenance and long service life.
Grease lubricated bearings are not
acceptable and maximum average noise
level, within enclosure, 76 dba
measured at 6 locations at a distance of
3 feet from the blower system.’’
Since the original WWTP was built in
1990, additional homes in the
community were constructed closer to
the WWTP than existing houses had
been. Moreover, because there is no
additional space in the basement of the
operations building, the two new
blowers had to be constructed outside
the operations building. The PSD has
also provided information that the lownoise stand alone blower enclosure
ensures that the plant does not become
a noise nuisance to the Cedar Grove and
Happy Valley Community. The Aerzenstyle blowers are the quietest blowers
available. Given the proximity of the
new residents and the necessary exterior
location of the blowers, the PSD had a
reasonable and appropriate basis to
limit the project specification to ultraquiet blowers.
The PSD’s submission clearly
articulates entirely functional reasons
for its technical specifications, and has
provided sufficient documentation that
the relevant manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantity and of a satisfactory quality to
meet its technical specifications.
The April 28, 2009 EPA HQ
Memorandum, ‘‘Implementation of Buy
American Provisions of Public Law
111–5, the ‘American Recovery and
Reinvestment Act of 2009’ ’’, defines
reasonably available quantity as ‘‘the
quantity of iron, steel, or relevant
manufactured good is available or will
be available at the time needed and
place needed, and in the proper form or
specification as specified in the project
plans and design’’. The PSD has
incorporated specific technical design
features for its blowers for noise,
improved reliability and ease of
maintenance.
The PSD has provided information to
the EPA representing that there are
currently no blowers manufactured in
the United States that have the exact
same product specifications in place.
Based on additional research conducted
by the Office of Infrastructure &
Assistance and to the best of the
Region’s knowledge at the time of the
review, there does not appear to be
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15:49 Jul 08, 2009
Jkt 217001
other blowers to meet the PSD’s exact
technical specifications.
Furthermore, the purpose of the
ARRA is to stimulate economic recovery
in part by funding current infrastructure
construction, not to delay projects that
are ‘‘shovel ready’’ by requiring utilities,
such as the Claywood Park Public
Service District, to revise their standards
and specifications and to start the
bidding process again. The imposition
of ARRA Buy American requirements
on such projects otherwise eligible for
State Revolving Fund assistance would
result in unreasonable delay and thus
displace the ‘‘shovel ready’’ status for
this project. To further delay
construction is in direct conflict with a
fundamental economic purpose of the
ARRA, which is to create or retain jobs.
The Office of Infrastructure &
Assistance has reviewed this waiver
request and has determined that the
supporting documentation provided by
the Claywood Park Public Service
District is sufficient to meet the criteria
listed under Section 1605(b) and in the
April 28, 2009, ‘‘Implementation of Buy
American provisions of Public Law
111–5, the ‘American Recovery and
Reinvestment Act of 2009’
Memorandum’’: Iron, steel, and the
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality.
The basis for this project waiver is the
authorization provided in Section
1605(b)(2). Due to the lack of production
of this product in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality
in order to meet the District’s technical
specifications, a waiver from the Buy
American requirement is justified.
The EPA’s March 31, 2009 Delegation
of Authority Memorandum provided
Regional Administrators with the
authority to issue exceptions to Section
1605 of ARRA within the geographic
boundaries of their respective regions
and with respect to requests by
individual grant recipients. Having
established both a proper basis to
specify the particular good required for
this project, and that this manufactured
good was not available from a producer
in the United States, the Claywood Park
Public Service District is hereby granted
a waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5 for the purchase of
blowers using ARRA funds as specified
in the PSD’s request of April 9, 2009.
This supplementary information
constitutes the detailed written
justification required by Section 1605(c)
for waivers ‘‘based on a finding under
subsection (b).’’
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32919
Authority: Public Law 111–5, section
1605.
Dated: June 18, 2009.
William C. Early,
Acting Regional Administrator, U.S.
Environmental Protection Agency, Region III.
[FR Doc. E9–16265 Filed 7–8–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8924–4]
Recent Posting to the Applicability
Determination Index (ADI) Database
System of Agency Applicability
Determinations, Alternative Monitoring
Decisions, and Regulatory
Interpretations Pertaining to Standards
of Performance for New Stationary
Sources, National Emission Standards
for Hazardous Air Pollutants, and the
Stratospheric Ozone Protection
Program
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of Availability.
SUMMARY: This notice announces
applicability determinations, alternative
monitoring decisions, and regulatory
interpretations that EPA has made
under the New Source Performance
Standards (NSPS); the National
Emission Standards for Hazardous Air
Pollutants (NESHAP); and the
Stratospheric Ozone Protection
Program.
FOR FURTHER INFORMATION CONTACT: An
electronic copy of each complete
document posted on the Applicability
Determination Index (ADI) database
system is available on the Internet
through the Office of Enforcement and
Compliance Assurance (OECA) Web site
at: https://www.epa.gov/compliance/
monitoring/programs/caa/adi.html. The
document may be located by control
number, date, author, subpart, or subject
search. For questions about the ADI or
this notice, contact Rebecca Kane at
EPA by phone at: (202) 564–5960, or by
e-mail at: kane.rebecca@epa.gov. For
technical questions about the individual
applicability determinations or
monitoring decisions, refer to the
contact person identified in the
individual documents, or in the absence
of a contact person, refer to the author
of the document.
SUPPLEMENTARY INFORMATION:
Background
The General Provisions to the NSPS
in 40 Code of Federal Regulations (CFR)
part 60 and the NESHAP in 40 CFR part
E:\FR\FM\09JYN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 130 (Thursday, July 9, 2009)]
[Notices]
[Pages 32918-32919]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16265]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8928-4]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Claywood Park Public Service District, West Virginia
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The EPA is hereby granting a project waiver of the Buy
American requirements of ARRA Section 1605 under the authority of
Section 1605(b)(2) [manufactured goods are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality] to the Claywood Park Public Service District
(PSD) for the purchase of blowers at their Wastewater Treatment Plant
(WWTP). These blowers are manufactured outside of the United States by
Aerzen, a company based in Germany, and meet the PSD's technical
specifications. The Acting Regional Administrator is making this
determination based on the review and recommendations of the EPA Region
III, Water Protection Division, Office of Infrastructure and
Assistance. The Claywood Park Public Service District has provided
sufficient documentation to support its request.
The Assistant Administrator of the EPA's Office of Administration
and Resources Management has concurred on this decision to make an
exception to Section 1605 of ARRA. This action permits the purchase of
specific type blowers for the proposed project being implemented by the
Claywood Park Public Service District.
DATES: Effective Date: June 8, 2009.
FOR FURTHER INFORMATION CONTACT: Robert Chominski, Deputy Associate
Director, (215) 814-2162, or David McAdams, Environmental Engineer,
(215) 814-5764, Office of Infrastructure & Assistance (OIA), Water
Protection Division, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c) and
pursuant to Section 1605(b)(2) of Public Law 111-5, Buy American
requirements, EPA hereby provides notice that it is granting a project
waiver to the Claywood Park Public Service District (PSD) for the
acquisition of specialized blowers manufactured outside of the United
States by Aerzen, a company based in Germany. Section 1605 of the ARRA
requires that none of the appropriated funds may be used for 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 a waiver
is provided to the recipient by EPA. A waiver may be provided if EPA
determines that (1) Applying these requirements would be inconsistent
with public interest; (2) iron, steel, and the relevant manufactured
goods are not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory quality; or (3)
inclusion of iron, steel, and the relevant manufactured goods produced
in the United States will increase the cost of the overall project by
more than 25 percent.
The PSD has provided information to the EPA representing that there
are
[[Page 32919]]
currently no blowers manufactured in the United States that have the
same product specifications in place. The specifications for the new
blowers required that both the gear-end and the drive-end of the
blowers shall be oil splash lubricated for minimal maintenance and long
service life. Grease lubricated bearings are not acceptable and maximum
average noise level, within enclosure, 76 dba measured at 6 locations
at a distance of 3 feet from the blower system.''
Since the original WWTP was built in 1990, additional homes in the
community were constructed closer to the WWTP than existing houses had
been. Moreover, because there is no additional space in the basement of
the operations building, the two new blowers had to be constructed
outside the operations building. The PSD has also provided information
that the low-noise stand alone blower enclosure ensures that the plant
does not become a noise nuisance to the Cedar Grove and Happy Valley
Community. The Aerzen-style blowers are the quietest blowers available.
Given the proximity of the new residents and the necessary exterior
location of the blowers, the PSD had a reasonable and appropriate basis
to limit the project specification to ultra-quiet blowers.
The PSD's submission clearly articulates entirely functional
reasons for its technical specifications, and has provided sufficient
documentation that the relevant manufactured goods are not produced in
the United States in sufficient and reasonably available quantity and
of a satisfactory quality to meet its technical specifications.
The April 28, 2009 EPA HQ Memorandum, ``Implementation of Buy
American Provisions of Public Law 111-5, the `American Recovery and
Reinvestment Act of 2009' '', defines reasonably available quantity as
``the quantity of iron, steel, or relevant manufactured good is
available or will be available at the time needed and place needed, and
in the proper form or specification as specified in the project plans
and design''. The PSD has incorporated specific technical design
features for its blowers for noise, improved reliability and ease of
maintenance.
The PSD has provided information to the EPA representing that there
are currently no blowers manufactured in the United States that have
the exact same product specifications in place. Based on additional
research conducted by the Office of Infrastructure & Assistance and to
the best of the Region's knowledge at the time of the review, there
does not appear to be other blowers to meet the PSD's exact technical
specifications.
Furthermore, the purpose of the ARRA is to stimulate economic
recovery in part by funding current infrastructure construction, not to
delay projects that are ``shovel ready'' by requiring utilities, such
as the Claywood Park Public Service District, to revise their standards
and specifications and to start the bidding process again. The
imposition of ARRA Buy American requirements on such projects otherwise
eligible for State Revolving Fund assistance would result in
unreasonable delay and thus displace the ``shovel ready'' status for
this project. To further delay construction is in direct conflict with
a fundamental economic purpose of the ARRA, which is to create or
retain jobs.
The Office of Infrastructure & Assistance has reviewed this waiver
request and has determined that the supporting documentation provided
by the Claywood Park Public Service District is sufficient to meet the
criteria listed under Section 1605(b) and in the April 28, 2009,
``Implementation of Buy American provisions of Public Law 111-5, the
`American Recovery and Reinvestment Act of 2009' Memorandum'': Iron,
steel, and the manufactured goods are not produced in the United States
in sufficient and reasonably available quantities and of a satisfactory
quality.
The basis for this project waiver is the authorization provided in
Section 1605(b)(2). Due to the lack of production of this product in
the United States in sufficient and reasonably available quantities and
of a satisfactory quality in order to meet the District's technical
specifications, a waiver from the Buy American requirement is
justified.
The EPA's March 31, 2009 Delegation of Authority Memorandum
provided Regional Administrators with the authority to issue exceptions
to Section 1605 of ARRA within the geographic boundaries of their
respective regions and with respect to requests by individual grant
recipients. Having established both a proper basis to specify the
particular good required for this project, and that this manufactured
good was not available from a producer in the United States, the
Claywood Park Public Service District is hereby granted a waiver from
the Buy American requirements of Section 1605(a) of Public Law 111-5
for the purchase of blowers using ARRA funds as specified in the PSD's
request of April 9, 2009. This supplementary information constitutes
the detailed written justification required by Section 1605(c) for
waivers ``based on a finding under subsection (b).''
Authority: Public Law 111-5, section 1605.
Dated: June 18, 2009.
William C. Early,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region III.
[FR Doc. E9-16265 Filed 7-8-09; 8:45 am]
BILLING CODE 6560-50-P
