EPA Office of Children's Health Protection and Environmental Education Staff Office; Notice of Public Meetings for the National Environmental Education Advisory Council; Meeting Postponement, 39958-39959 [E9-19067]
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39958
Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[Petition IV–2007–3; FRL–8943–1]
Clean Air Act Operating Permit
Program; Petition for Objection to
State Operating Permit for Tennessee
Valley Authority—Paradise Fossil Fuel
Plant; Drakesboro (Muhlenberg
County), KY
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of final order on petition
to object to a state operating permit.
SUMMARY: Pursuant to Clean Air Act
(CAA) section 505(b)(2) and 40 CFR
70.8(d), the EPA Administrator signed
an Order, dated July 13, 2009, partially
granting and partially denying a petition
to object to a State operating permit
issued by the Kentucky Division for Air
Quality (KDAQ) to Tennessee Valley
Authority (TVA) for its Paradise Fossil
Fuel Plant (Plant Paradise) located in
Drakesboro, Muhlenberg County,
Kentucky. This Order constitutes a final
action on the petition submitted by
Preston Forsythe, the Center for
Biological Diversity, Kentucky
Heartwood, Sierra Club, and Hilary
Lambert (Petitioners) on December 27,
2007. Pursuant to section 505(b)(2) of
the CAA, any person may seek judicial
review of the Order in the United States
Court of Appeals for the appropriate
circuit within 60 days of this notice
under section 307(b) of the Act.
ADDRESSES: Copies of the Order, the
petition, and all pertinent information
relating thereto are on file at the
following location: EPA Region 4, Air,
Pesticides and Toxics Management
Division, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. The Order
is also available electronically at the
following address: https://www.epa.gov/
region7/programs/artd/air/title5/
petitiondb/petitions/
tvaparadise_decision2007.pdf.
FOR FURTHER INFORMATION CONTACT: Art
Hofmeister, Air Permits Section, EPA
Region 4, at (404) 562–9115 or
hofmeister.art@epa.gov.
SUPPLEMENTARY INFORMATION: The CAA
affords EPA a 45-day period to review
and, as appropriate, the authority to
object to operating permits proposed by
State permitting authorities under title
V of the CAA, 42 U.S.C. 7661–7661f.
Section 505(b)(2) of the CAA and 40
CFR 70.8(d) authorize any person to
petition the EPA Administrator to object
to a title V operating permit within 60
days after the expiration of EPA’s 45day review period if EPA has not
objected on its own initiative. Petitions
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15:09 Aug 07, 2009
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must be based only on objections to the
permit that were raised with reasonable
specificity during the public comment
period provided by the State, unless the
petitioner demonstrates that it was
impracticable to raise these issues
during the comment period or the
grounds for the issues arose after this
period.
Petitioners submitted a petition on
December 27, 2007, requesting that EPA
object to a State title V operating permit
issued by KDAQ to TVA Plant Paradise.
Petitioners alleged that the permit was
not consistent with the CAA for the
following reasons: (1) The permit fails to
include the prevention of significant
deterioration (PSD) analysis for the
three main boilers (Units 1–3) for NOX
due to alleged modifications undertaken
at Plant Paradise beginning in 1984
without TVA obtaining required PSD
permits; (2) the permit does not require
year-round operation of the selective
catalytic reduction system consistent
with 401 KAR 50:055; (3) continuous
opacity monitoring systems (COMS)
should be installed on Units 1–3 and
that Method 9 is not sufficient to ensure
compliance with the opacity
requirements; (4) the permit fails to
require a continuous emissions
monitoring system (CEMS) for NOX; (5)
the particulate matter emissions
monitoring from the coal washing and
handling plant are not enforceable and
are inadequate; (6) the permit fails to
require reporting of all monitoring
results from COMS or CEMS; (7) the
permit fails to contain language
allowing for the use of any credible
evidence; (8) the permit fails to include
a case-by-case maximum achievable
control technology determination for
Units 4–6 for the industrial boiler
national emissions standard for
hazardous air pollutants.
On July 13, 2009, the Administrator
issued an Order partially granting and
partially denying the petition. The
Order explains EPA’s rationale for
granting the petition with respect to
issues 1, 3, 4 and 5, and denying on the
other issues.
Dated: July 29, 2009.
Beverly Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9–19071 Filed 8–7–09; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8942–7]
EPA Office of Children’s Health
Protection and Environmental
Education Staff Office; Notice of Public
Meetings for the National
Environmental Education Advisory
Council; Meeting Postponement
AGENCY: Environmental Protection
Agency.
ACTION: Notice of meeting
postponement.
SUMMARY: The U.S. Environmental
Protection Agency (EPA or Agency)
Office of Children’s Health Protection
and Environmental Education Office
hereby gives notice that the National
Environmental Education Advisory
Council will postpone public meetings
by conference call on the 2nd
Wednesday of each month, beginning
with August 12, 2009 from 12 p.m. to
1 p.m., eastern standard time, until
further notice. The Notice of Public
Meetings for the National
Environmental Education Advisory
Council was originally published on
July 8, 2009 at 74 FR 32595.
DATES: This notice is applicable for the
following dates:
• August 12, 2009;
• September 9, 2009;
• October 14, 2009;
• November 11, 2009;
• December 9, 2009.
FOR FURTHER INFORMATION CONTACT: For
information regarding this Notice,
please contact Ms. Ginger Potter,
Designated Federal Officer (DFO), EPA
National Environmental Education
Advisory Council, at
potter.ginger@epa.gov or (202) 564–
0453. General information concerning
NEEAC can be found on the EPA Web
site at: https://www.epa.gov/enviroed.
For information on access or services for
individuals with disabilities, please
contact Ginger Potter as directed above.
To request accommodation of a
disability, please contact Ginger Potter,
preferable at least 10 days prior to the
meeting, to give EPA as much time as
possible to process your request.
SUPPLEMENTARY INFORMATION:
Participation in the conference calls will
be by teleconference only—meeting
rooms will not be used. Members of the
public may obtain the call-in number
and access code for the call from Ginger
Potter, the Designated Federal Officer,
whose contact information is listed
under the FOR FURTHER INFORMATION
CONTACT section of this notice. Any
member of the public interested in
E:\FR\FM\10AUN1.SGM
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Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices
receiving a draft meeting agenda may
contact Ginger Potter via any of the
contact methods listed in the FOR
FURTHER INFORMATION CONTACT section
below.
Dated: July 31, 2009.
Ginger Potter,
Designated Federal Officer.
[FR Doc. E9–19067 Filed 8–7–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8939–1]
Notice of Revised Nationwide Waiver
of Section 1605 (Buy American
Requirement) of American Recovery
and Reinvestment Act of 2009 (ARRA)
Based on Public Interest for de
minimis Incidental Components of
Projects Financed Through the Clean
or Drinking Water State Revolving
Funds Using Assistance Provided
Under ARRA
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The EPA is hereby granting a
nationwide waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(1) (public interest waiver) for de
minimis incidental components of
eligible water infrastructure projects
funded by ARRA This action revises the
terms under which incidental
components qualify for coverage under
the public interest de minimis waiver
signed and effective on May 22, 2009,
and permits the use of non-domestic
iron, steel, and manufactured goods
when they occur in de minimis
incidental components of such projects
funded by ARRA that may otherwise be
prohibited under section 1605(a).
DATES: Effective Date: July 24, 2009.
FOR FURTHER INFORMATION CONTACT:
Jordan Dorfman, Attorney-Advisor,
Office of Wastewater Management, (202)
564–0614, or Philip Metzger, Attorney
Advisor, Office of Ground Water and
Drinking Water, (202) 564–3776,
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c),
the EPA hereby provides notice that it
is granting a nationwide waiver of the
requirements of section 1605(a) of
Public Law 111–5, Buy American
requirements, based on the public
interest authority of section 1605(b)(1),
to allow the use of non-domestic iron,
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15:09 Aug 07, 2009
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steel, and manufactured goods when
they occur in de minimis incidental
components of eligible projects for
which a Clean or Drinking Water State
Revolving Fund (SRF) has concluded or
will conclude an assistance agreement
using ARRA funds where such
components cumulatively comprise no
more than a total of 5 percent of the
total cost of the materials used in and
incorporated into a project.
Among the General Provisions of the
American Recovery and Reinvestment
Act of 2009 (ARRA), Section 1605(a)
requires that ‘‘all of the iron, steel, and
manufactured goods used in’’ a public
works project built with ARRA funds
must be produced in the United States,
unless the head of the respective
Federal department or agency
determines it necessary to waive this
requirement based on findings set forth
in Section 1605(b). In addition,
expeditious construction of SRF projects
is made a high priority by a provision
in the ARRA Title VII appropriations
heading for the SRFs, which states
‘‘[t]hat the Administrator shall
reallocate funds * * * where projects
are not under contract or construction
within 12 months of’’ ARRA enactment
(February 17, 2010). The finding
relevant to this waiver is that ‘‘applying
[ARRA’s Buy American requirement]
would be inconsistent with the public
interest’’ (1605(b)(l)).
EPA originally issued this waiver on
May 22, 2009. This notice revises the
terms under which that waiver may be
applied, and, in accordance with the
requirements of Section 1605(c) that all
waivers granted must include a
‘‘detailed written justification’’, adds
new information and repeats relevant
information that continues to justify this
revised waiver.
In implementing ARRA section 1605,
EPA must ensure that the section’s
requirements are applied consistent
with congressional intent in adopting
this section and in the broader context
of the purposes, objectives, and other
provisions of ARRA applicable to
projects funded under the Clean
Drinking Water State Revolving Funds
(SRF), particularly considering the
SRFs’ 12 month ‘‘contract or
construction’’ requirement. Further, in
the context of ARRA’s SRF ‘‘contract or
construction’’ deadline, Congress’
overarching directive to
[t]he President and the heads of Federal
departments and agencies [is that they] shall
manage and expend the funds made
available in this Act so as to achieve the
purposes [of this Act], including commencing
expenditures and activities as quickly as
possible consistent with prudent
management. [ARRA Section 3(b)]
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39959
Water infrastructure projects typically
contain a relatively small number of
high-cost components incorporated into
the project that are iron, steel, and
manufactured goods, such as pipe,
tanks, pumps, motors, instrumentation
and control equipment, treatment
process equipment, and relevant
materials to build structures for such
facilities as treatment plants, pumping
stations, pipe networks, etc. In bid
solicitations for a project, these highcost components are generally described
in detail via project specific technical
specifications. For these major
components, utility owners and their
contractors are generally familiar with
the conditions of availability, the
potential alternatives for each detailed
specification, the approximate cost, and
the country of manufacture of the
available components.
Every water infrastructure project also
involves the use of literally thousands of
miscellaneous, generally low-cost
components that are essential for, but
incidental to, the construction and are
incorporated into the physical structure
of the project, such as nuts, bolts, other
fasteners, tubing, gaskets, etc. For many
of these incidental components, the
country of manufacture and the
availability of alternatives is not always
readily or reasonably identifiable prior
to procurement in the normal course of
business; for other incidental
components, the country of manufacture
may be known but the miscellaneous
character in conjunction with the low
cost, individually and (in total) as
typically procured in bulk, mark them
as properly incidental.
EPA undertook multiple inquiries to
identify the approximate scope of these
de minimis incidental components
within water infrastructure projects.
EPA consulted informally with many
major associations representing
equipment manufacturers and suppliers,
construction contractors, consulting
engineers, and water and wastewater
utilities, and a contractor performed
targeted interviews with several wellestablished water infrastructure
contractors and firms who work in a
variety of project sizes, and regional and
demographic settings. The contractor
asked the following questions:
—What percentage of total project costs
were consumables or incidental costs?
—What percentage of materials costs
were consumables or incidental costs?
—Did these percentages vary by type of
project (drinking water vs. wastewater
treatment plant vs. pipe)?
The responses were consistent across
the variety of settings and project types,
and indicated that the percentage of
E:\FR\FM\10AUN1.SGM
10AUN1
Agencies
[Federal Register Volume 74, Number 152 (Monday, August 10, 2009)]
[Notices]
[Pages 39958-39959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19067]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8942-7]
EPA Office of Children's Health Protection and Environmental
Education Staff Office; Notice of Public Meetings for the National
Environmental Education Advisory Council; Meeting Postponement
AGENCY: Environmental Protection Agency.
ACTION: Notice of meeting postponement.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency)
Office of Children's Health Protection and Environmental Education
Office hereby gives notice that the National Environmental Education
Advisory Council will postpone public meetings by conference call on
the 2nd Wednesday of each month, beginning with August 12, 2009 from 12
p.m. to 1 p.m., eastern standard time, until further notice. The Notice
of Public Meetings for the National Environmental Education Advisory
Council was originally published on July 8, 2009 at 74 FR 32595.
DATES: This notice is applicable for the following dates:
August 12, 2009;
September 9, 2009;
October 14, 2009;
November 11, 2009;
December 9, 2009.
FOR FURTHER INFORMATION CONTACT: For information regarding this Notice,
please contact Ms. Ginger Potter, Designated Federal Officer (DFO), EPA
National Environmental Education Advisory Council, at
potter.ginger@epa.gov or (202) 564-0453. General information concerning
NEEAC can be found on the EPA Web site at: https://www.epa.gov/enviroed.
For information on access or services for individuals with
disabilities, please contact Ginger Potter as directed above. To
request accommodation of a disability, please contact Ginger Potter,
preferable at least 10 days prior to the meeting, to give EPA as much
time as possible to process your request.
SUPPLEMENTARY INFORMATION: Participation in the conference calls will
be by teleconference only--meeting rooms will not be used. Members of
the public may obtain the call-in number and access code for the call
from Ginger Potter, the Designated Federal Officer, whose contact
information is listed under the FOR FURTHER INFORMATION CONTACT section
of this notice. Any member of the public interested in
[[Page 39959]]
receiving a draft meeting agenda may contact Ginger Potter via any of
the contact methods listed in the FOR FURTHER INFORMATION CONTACT
section below.
Dated: July 31, 2009.
Ginger Potter,
Designated Federal Officer.
[FR Doc. E9-19067 Filed 8-7-09; 8:45 am]
BILLING CODE 6560-50-P