Cross-Media Electronic Reporting Rule State Authorized Program Revision/Modification Approvals: State of Washington, 40816-40817 [E9-19463]
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40816
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices
2009. We have received several requests
to extend the comment period. We are
extending the comment period to
September 14, 2009.
DATES: Comments must be received by
September 14, 2009.
ADDRESSES: You may submit comments,
identified by docket number COE–
2009–0032, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: U.S. Army Corps of Engineers,
Attn: CECW–CO (Attn: Ms. Desiree
Hann), 441 G Street, NW., Washington,
DC 20314–1000.
Hand Delivery/Courier: Due to
security requirements, we cannot
receive comments by hand delivery or
courier.
We will not accept e-mailed or faxed
comments. We will post all comments
on https://www.regulations.gov under
docket number COE–2009–0032.
FOR FURTHER INFORMATION CONTACT: Ms.
Desiree Hann or Mr. David Olson,
Headquarters, Operations and
Regulatory Community of Practice,
Washington, DC. Ms. Hann can be
reached at 202–761–4560 and Mr. Olson
can be reached at 202–761–4922.
SUPPLEMENTARY INFORMATION: In the July
15, 2009, issue of the Federal Register
(74 FR 34311) the U.S. Army Corps of
Engineers published a proposal to take
two actions concerning Nationwide
Permit 21, which authorizes discharges
of dredged or fill material into waters of
the United States for surface coal
mining activities.
First, the Corps proposes to modify
NWP 21 to prohibit its use to authorize
discharges of dredged or fill material
into waters of the United States for
surface coal mining activities in the
Appalachian region of the following
states: Kentucky, Ohio, Pennsylvania,
Tennessee, Virginia, and West Virginia
until it expires on March 18, 2012. The
proposed modification would enhance
environmental protection of aquatic
resources by requiring surface coal
mining projects in the affected region to
obtain individual permit coverage under
the Clean Water Act, which includes
increased public and agency
involvement in the permit review
process, including an opportunity for
public comment on individual projects.
Second, the Corps is proposing to
suspend NWP 21 to provide an interim
means of requiring individual permit
reviews in Appalachia, while proposing
to undertake the longer-term measure of
modifying NWP 21 to prohibit its use to
authorize discharges of dredged or fill
material into waters of the United States
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15:29 Aug 12, 2009
Jkt 217001
associated with surface coal mining
activities in the Appalachian region of
these six States. The Corps is also
proposing to suspend NWP 21 to
provide immediate environmental
protection while it evaluates the
comments received in response to the
proposal to modify NWP 21.
The application of NWP 21 to surface
coal mining activities in the rest of the
United States would not be affected by
this proposed modification or the
proposed suspension.
Several entities have requested an
extension of the comment period for the
proposed rule. We have determined that
a 30-day extension of the comment
period for this proposed rule is
warranted. Therefore, the comment
period for these proposed actions is
extended until September 14, 2009.
Dated: August 10, 2009. Approved By:
Jonathan A. Davis,
Deputy Chief, Operations, Directorate of Civil
Works.
[FR Doc. E9–19446 Filed 8–12–09; 8:45 am]
BILLING CODE 3710–92–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8945–5]
Cross-Media Electronic Reporting Rule
State Authorized Program Revision/
Modification Approvals: State of
Washington
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: This notice announces EPA’s
approval, under regulations for CrossMedia Electronic Reporting, of the State
of Washington’s request to revise/
modify programs to allow electronic
reporting for certain of their EPAauthorized programs under title 40 of
the CFR.
DATES: EPA’s approval is effective on
August 13, 2009.
FOR FURTHER INFORMATION CONTACT: Evi
Huffer, U.S. Environmental Protection
Agency, Office of Environmental
Information, Mail Stop 2823T, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460, (202) 566–1697,
huffer.evi@epa.gov, or David Schwarz,
U.S. Environmental Protection Agency,
Office of Environmental Information,
Mail Stop 2823T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460,
(202) 566–1704,
schwarz.david@epa.gov.
On
October 13, 2005, the final Cross-Media
SUPPLEMENTARY INFORMATION:
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Frm 00010
Fmt 4703
Sfmt 4703
Electronic Reporting Rule (CROMERR)
was published in the Federal Register
(70 FR 59848) and codified as part 3 of
title 40 of the CFR. CROMERR
establishes electronic reporting as an
acceptable regulatory alternative to
paper reporting and establishes
requirements to assure that electronic
documents are as legally dependable as
their paper counterparts. Subpart D of
CROMERR, requires that State, tribal or
local government agencies that receive,
or wish to begin receiving, electronic
reports under their EPA-authorized
programs must apply to EPA for a
revision or modification of those
programs and get EPA approval. Subpart
D provides standards for such approvals
based on consideration of the electronic
document receiving systems that the
state, tribe, or local government will use
to implement the electronic reporting.
Additionally, in § 3.1000(b) through (e)
of 40 CFR part 3, subpart D provides
special procedures for program
revisions and modifications to allow
electronic reporting, to be used at the
option of the state, tribe or local
government in place of procedures
available under existing programspecific authorization regulations. An
application submitted under the subpart
D procedures must show that the State,
tribe or local government has sufficient
legal authority to implement the
electronic reporting components of its
authorized programs covered by the
application and will use electronic
document receiving systems that meet
the applicable subpart D requirements.
On October 10, 2008, the State of
Washington Department of Ecology
(WAECY) submitted an application for
its enterprise-wide electronic document
receiving system for revision or
modification of multiple EPAauthorized programs under title 40 CFR.
EPA reviewed WAECY’s request to
revise/modify their EPA-authorized
programs and, based on this review,
EPA determined the application met the
standards for approval of authorized
program revisions/modifications set out
in 40 CFR part 3, subpart D. In
accordance with 40 CFR 3.1000(d), this
notice of EPA’s decision to approve
Washington’s request for revision/
modification to certain of their
authorized programs is being published
in the Federal Register.
Specifically, EPA has approved
WAECY’s request for revisions/
modifications to the following of their
authorized programs to allow electronic
reporting under 40 CFR parts 51, 60–63,
70, 122–124, 144–147, and 280:
• Part 52—Approval and
Promulgation of Implementation Plans;
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Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices
• Part 61—National Emission
Standards For Hazardous Air Pollutants;
• Part 62—Approval and
Promulgation of State Plans for
Designated Facilities and Pollutants;
• Part 63—National Emission
Standards For Hazardous Air Pollutants
For Source Categories;
• Part 70—State Operating Permit
Programs;
• Part 123—State Program
Requirements (National Pollutant
Discharge Elimination System Permit
Program);
• Part 147—State, Tribal, and EPAadministered Underground Injection
Control Programs; and
• Part 282—Approved Underground
Storage Tank Programs.
WAECY was notified of EPA’s
determination to approve its application
with respect to the authorized programs
listed above in a letter dated August 6,
2009.
Dated: August 6, 2009.
Lisa Schlosser,
Director, Office of Information Collection.
[FR Doc. E9–19463 Filed 8–12–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8945–4]
Notice of a Regional Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the City of Ocean Shores (the City),
Washington for the Purchase of Resin
Beads (Miex® DOC Resin)
Manufactured Outside of the United
States Under the Section 1605 Waiver
Authority Based on the Conclusion
That 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
erowe on DSK5CLS3C1PROD with NOTICES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The Acting Regional
Administrator of EPA Region 10, is
hereby granting a waiver of the Buy
America 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 City for the purchase of resin
beads (MIEX® DOC Resin) supplied by
Orica Ltd, in Victoria, Australia and
manufactured in Australia. The
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15:29 Aug 12, 2009
Jkt 217001
applicant indicates that MIEX® DOC
Resin is necessary to the MIEX®
process, a treatment process evaluated
in pilot studies and selected for
implementation. While the majority of
other equipment is manufactured in the
U.S., the MIEX® DOC Resin is only
manufactured in Australia. It is patented
and no alternative exists which can be
used with the MIEX® process. The
Acting Regional Administrator is
making this determination based on the
review and recommendations of the
Drinking Water Unit. The City has
provided sufficient documentation to
support their request.
DATES: Effective Date: July 24, 2009.
FOR FURTHER INFORMATION CONTACT: Rick
Green, DWSRF Coordinator, Drinking
Water Unit (DWU), Office of Water &
Watersheds (OWW), (206) 553–8504,
U.S. EPA Region 10 (OWW–136), 1200
Sixth Avenue, Suite 900, Seattle, WA
98101.
SUPPLEMENTARY INFORMATION:
In accordance with ARRA Section
1605(c), the EPA hereby provides notice
that it is granting a project waiver of the
requirements of Section 1605(b)(2) of
Public Law 111–5, Buy American
requirements, to the City for the
acquisition of resin beads (MIEX® DOC
Resin) supplied by Orica Ltd, in
Victoria, Australia and manufactured in
Australia. The applicant indicates that
MIEX® DOC Resin is necessary to the
MIEX® process, a treatment process
evaluated in pilot studies at the City and
selected for use. While the majority of
other equipment is manufactured in the
U.S., the MIEX® DOC Resin is only
manufactured in Australia. It is patented
and no alternative exists which can be
used with the MIEX® process. 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 is 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 construction project being
undertaken by the City is treatment of
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Fmt 4703
Sfmt 4703
40817
water from a shallow aquifer, which
contains problematic levels of iron,
manganese, hydrogen sulfide, ammonia,
organic nitrogen, and organic carbon.
Based on the results of pilot studies, the
City chose to use a combination of
greensand filtration and the MIEX®
process to treat this water supply. The
community chose this treatment process
over the alternatives of ultrafiltration or
nanofiltration because the capital costs
are significantly lower, the electrical
consumption is significantly less, and
there is much less water wasted during
the treatment process.
The City’s submission clearly
articulates entirely reasonable reasons
for choosing the type of technology that
it chose for this project 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 Pubilc 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 City has
incorporated specific technical design
features for the proposed project based
on pilot studies which demonstrated
that the combination of greensand
filtration and MIEX treatment is the best
alternative.
The City has provided information to
the EPA representing that there are
currently no resin beads manufactured
in the United States that have the exact
same product specifications in place.
The City has also provided certification
from its supplier representing that there
are no beads of comparable quality
available from a domestic manufacturer
to meet its exact specifications.
Based on additional research by EPA’s
consulting contractor (Cadmus), and to
the best of the Region’s knowledge at
this time, there does not appear to be
other resin beads available to meet the
City’s specifications.
Furthermore, the purpose of the
ARRA provisions was to stimulate
economic recovery by funding current
infrastructure construction, not to delay
projects that are already shovel ready by
requiring entities, like the City, to revise
their design and potentially choose a
more costly and less efficient project.
The imposition of ARRA Buy American
requirements on such projects eligible
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13AUN1
Agencies
[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Notices]
[Pages 40816-40817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19463]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8945-5]
Cross-Media Electronic Reporting Rule State Authorized Program
Revision/Modification Approvals: State of Washington
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces EPA's approval, under regulations for
Cross-Media Electronic Reporting, of the State of Washington's request
to revise/modify programs to allow electronic reporting for certain of
their EPA-authorized programs under title 40 of the CFR.
DATES: EPA's approval is effective on August 13, 2009.
FOR FURTHER INFORMATION CONTACT: Evi Huffer, U.S. Environmental
Protection Agency, Office of Environmental Information, Mail Stop
2823T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 566-
1697, huffer.evi@epa.gov, or David Schwarz, U.S. Environmental
Protection Agency, Office of Environmental Information, Mail Stop
2823T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 566-
1704, schwarz.david@epa.gov.
SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR) was published in the Federal
Register (70 FR 59848) and codified as part 3 of title 40 of the CFR.
CROMERR establishes electronic reporting as an acceptable regulatory
alternative to paper reporting and establishes requirements to assure
that electronic documents are as legally dependable as their paper
counterparts. Subpart D of CROMERR, requires that State, tribal or
local government agencies that receive, or wish to begin receiving,
electronic reports under their EPA-authorized programs must apply to
EPA for a revision or modification of those programs and get EPA
approval. Subpart D provides standards for such approvals based on
consideration of the electronic document receiving systems that the
state, tribe, or local government will use to implement the electronic
reporting. Additionally, in Sec. 3.1000(b) through (e) of 40 CFR part
3, subpart D provides special procedures for program revisions and
modifications to allow electronic reporting, to be used at the option
of the state, tribe or local government in place of procedures
available under existing program-specific authorization regulations. An
application submitted under the subpart D procedures must show that the
State, tribe or local government has sufficient legal authority to
implement the electronic reporting components of its authorized
programs covered by the application and will use electronic document
receiving systems that meet the applicable subpart D requirements.
On October 10, 2008, the State of Washington Department of Ecology
(WAECY) submitted an application for its enterprise-wide electronic
document receiving system for revision or modification of multiple EPA-
authorized programs under title 40 CFR. EPA reviewed WAECY's request to
revise/modify their EPA-authorized programs and, based on this review,
EPA determined the application met the standards for approval of
authorized program revisions/modifications set out in 40 CFR part 3,
subpart D. In accordance with 40 CFR 3.1000(d), this notice of EPA's
decision to approve Washington's request for revision/modification to
certain of their authorized programs is being published in the Federal
Register.
Specifically, EPA has approved WAECY's request for revisions/
modifications to the following of their authorized programs to allow
electronic reporting under 40 CFR parts 51, 60-63, 70, 122-124, 144-
147, and 280:
Part 52--Approval and Promulgation of Implementation
Plans;
[[Page 40817]]
Part 61--National Emission Standards For Hazardous Air
Pollutants;
Part 62--Approval and Promulgation of State Plans for
Designated Facilities and Pollutants;
Part 63--National Emission Standards For Hazardous Air
Pollutants For Source Categories;
Part 70--State Operating Permit Programs;
Part 123--State Program Requirements (National Pollutant
Discharge Elimination System Permit Program);
Part 147--State, Tribal, and EPA-administered Underground
Injection Control Programs; and
Part 282--Approved Underground Storage Tank Programs.
WAECY was notified of EPA's determination to approve its
application with respect to the authorized programs listed above in a
letter dated August 6, 2009.
Dated: August 6, 2009.
Lisa Schlosser,
Director, Office of Information Collection.
[FR Doc. E9-19463 Filed 8-12-09; 8:45 am]
BILLING CODE 6560-50-P