Cross-Media Electronic Reporting Rule State Authorized Program Revision Approval: State of North Carolina, 3463-3464 [2010-1103]
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Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices
III. What is the Agency’s Authority for
Taking this Action?
As a general rule, TSCA section
14(b)(1) provides that health and safety
studies and data from health and safety
studies are not entitled to treatment as
CBI, with an exception for information
that ‘‘discloses processes used in the
manufacturing or processing of a
chemical substance or mixture,’’ or, in
the case of a mixture, where release of
the data discloses the portion of a
mixture comprised by a particular
substance. 15 U.S.C. 2613(b)(1).
EPA considers information contained
in a notice of substantial risk under
TSCA section 8(e) to be health and
safety information and, therefore,
covered by the term ‘‘health and safety
study,’’ as defined in section 3(6) of
TSCA. See ‘‘TSCA Section 8(e);
Notification of Substantial Risk; Policy
Clarification and Reporting Guidance,’’
68 FR 33129 at 33136, June 3, 2003
(FRL–7287–4). Chemical identity is part
of a health and safety study. See e.g., 40
CFR 716.3 and 40 CFR 720.3(k). As
such, chemical identity associated with
a health and safety study in a TSCA
section 8(e) submission is not entitled to
confidential treatment unless it falls
into the exemption under TSCA section
14(b)(1). Where the identity of a
chemical substance is already contained
on the public portion of the TSCA
Chemical Substances Inventory, which
is publicly available from the National
Technical Information Service and other
sources, EPA believes that the identity
itself, even assuming it might otherwise
be CBI, as well as any information that
might be derived from it about processes
or portions, has already been disclosed.
EPA’s regulations regarding CBI at 40
CFR part 2, subpart B provide for a
process where the relevant office
determines that certain information
clearly is not entitled to confidential
treatment. See 40 CFR 2.306(d); 40 CFR
2.204(d)(2); and 40 CFR 2.205(f). As
provided in the regulations, the letters
will serve as the final EPA
determinations concerning the subject
confidentiality claims, and recipients of
the letters may seek judicial review
under 5 U.S.C. 701 et seq.
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IV. Why is EPA Taking this Action?
16:17 Jan 20, 2010
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Any person who manufactures, processes,
or distributes in commerce a chemical
substance or mixture and who obtains
information which reasonably supports the
conclusion that such substance or mixture
presents a substantial risk of injury to health
or the environment shall immediately inform
the Administrator of such information unless
such person has actual knowledge that the
Administrator has been adequately informed
of such information.
15 U.S.C. 2607(e).
When EPA receives submissions
under TSCA section 8(e), it makes this
information available on its website.
Previously, EPA’s general practice had
been to redact chemical identity from
TSCA section 8(e) postings where the
identity was claimed as CBI even when
the chemical identity was listed on the
public portion of the TSCA Chemical
Substances Inventory. EPA believes that
the posting of the TSCA section 8(e)
information received is incomplete and
far less informative where the public is
not able to view the chemical identity
associated with the new health and
safety information posted. Where the
identity of the chemical is already
publicly available on the TSCA
Chemical Substances Inventory, the new
general practice will allow the public to
link the TSCA section 8(e) information
with the relevant chemical and will
support the Agency’s mission of
promoting public understanding of
potential risks.
List of Subjects
Environmental protection, Chemicals,
Confidential business information,
Reporting and recordkeeping.
Dated: January 14, 2010.
Steve A. Owens,
Assistant Administrator, Office of Prevention,
Pesticides and Toxic Substances.
[FR Doc. 2010–1105 Filed 1–20–10; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9104–9]
Part of the Agency’s mission is to
promote public understanding of
potential risks by providing
understandable, accessible and
complete information on potential
chemical risks to the broadest audience
possible. In support of this mission,
EPA posts useful information about
chemicals regulated under TSCA for the
public on its website (https://
VerDate Nov<24>2008
www.epa.gov/oppt/index.htm). One
important source of this information is
submissions to the Agency under TSCA
section 8(e). TSCA section 8(e) requires
that:
Cross-Media Electronic Reporting Rule
State Authorized Program Revision
Approval: State of North Carolina
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: This notice announces EPA’s
approval, under regulations for Cross-
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Sfmt 4703
3463
Media Electronic Reporting, of the State
of North Carolina’s request to revise its
EPA-authorized program to allow
electronic reporting.
DATES: EPA’s approval is effective
January 21, 2010.
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 CrossMedia 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 the
programs covered by the application
and will use electronic document
receiving systems that meet the
applicable subpart D requirements.
On October 15, 2008, the State of
North Carolina Department of
Environment and Natural Resources
(NCDENR) submitted an application for
its Integrated Build Environment for
Application Management (IBEAM)
electronic document receiving system
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21JAN1
3464
Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices
for revision of its EPA-authorized
program under title 40 CFR. EPA
reviewed NCDENR’s request to revise its
EPA-authorized program and, based on
this review, EPA determined that the
application met the standards for
approval of authorized program
revisions 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 North Carolina’s request for
revision to its authorized program is
being published in the Federal Register.
Specifically, EPA has approved the
State of North Carolina’s request to
revise its Part 52—Approval and
Promulgation of Implementation Plans
authorized program for electronic
reporting of air emissions information
under 40 CFR part 51, for electronic
submissions that do not include an
electronic signature, but instead provide
for a handwritten signature on a
separate paper submission report.
NCDENR was notified of EPA’s
determination to approve its application
with respect to the authorized program
listed above.
Dated: January 7, 2010.
Lisa Schlosser,
Director, Office of Information Collection.
[FR Doc. 2010–1103 Filed 1–20–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9104–8]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to Gwinnett County
Department of Water Resources,
Gwinnett County, GA
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The EPA is hereby granting a
waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(1) [inconsistent with the public
interest] to Gwinnett County
Department of Water Resources,
Gwinnett County, Georgia (‘‘County’’) for
the purchase of a foreign manufactured
submersible pump. This is a project
specific waiver and only applies to the
use of the specified product for the
ARRA project being proposed. Any
other ARRA recipient that wishes to use
the same product must apply for a
separate waiver based on project
specific circumstances. The County’s
tunnel and tunnel lift station project
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16:17 Jan 20, 2010
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will include installation of two
submersible pumps as well as the
purchase of one spare pump. The
project was originally designed between
2003 and 2006, and bids were taken on
March 1, 2007. The County
standardized ITT Flygt Corporation as
the sole manufacturer of submersible
pumps in 2003, when design of the
project started. At the time of design,
the County already had in operation 88
Flygt pumps out of the 106 pumps in
the system. The County has submitted a
detailed memorandum dated October
17, 2003, explaining the rationale for
standardization. According to the
memorandum, the County desired to,
‘‘standardize on a single brand of
submersible pumps for wastewater
pump stations in order to provide
greater reliability in the operation of
pump stations and avoid the increased
costs of inventory, service, maintenance,
and engineering associated with using
several different brands.’’ This is a
project whose earlier phases began prior
the enactment of ARRA and was
undertaken for the principal purpose of
Clean Water Act compliance. The
procurement for those prior phases
standardized on a particular
manufactured good that is subject to
ARRA section 1605 requirements for its
ARRA-funded phase but the
performance from and operation and
maintenance of such good in the
performance of the facility would be
detrimentally affected by a requirement
to use a non-standardized good(s).
Based on the review of the information
provided, EPA has concluded that a
waiver of the Buy American provisions
is justified. The Assistant Administrator
of the Office of Administration and
Resources Management has concurred
on this decision to make an exception
to Section 1605 of ARRA. This action
permits the County to purchase Flygt
submersible pumps, manufactured by
ITT Flygt Corporation, as specified in its
September 1, 2009, request.
DATES: Effective Date: December 18,
2009.
FOR FURTHER INFORMATION CONTACT:
Cynthia Y. Edwards, Project Officer,
Grants and SRF Section, Water
Protection Division (WPD), (404) 562–
9340, USEPA Region 4, 61 Forsyth St.
SW., Atlanta, GA 30303.
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 Sections 1605(a) of
Public Law 111–5, Buy American
requirements, to Gwinnett County
Department of Water Resources,
Gwinnett County, Georgia, for the
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Fmt 4703
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purchase of Flygt submersible pumps,
manufactured by ITT Flygt Corporation
of Sweden. EPA has evaluated the
County’s basis for standardizing to the
Flygt submersible pumps. Based on the
information provided by the applicant,
EPA has determined that it is
inconsistent with the public interest for
the County to pursue the purchase of a
domestically manufactured submersible
pump.
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, or unless a waiver is
provided to the recipient by the head of
the appropriate agency, here the EPA. A
waiver may be provided if EPA
determines that (1) applying these
requirements would be inconsistent
with public the 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 County has requested a waiver
from the Buy American Provision for
the purchase of the foreign made
submersible pumps as part of its tunnel
and tunnel lift station project. The
purchase of the submersible pumps is
part of a project that, according to the
County, ‘‘consists of a wastewater
conveyance and linear storage tunnel
from the existing Jack’s Creek
wastewater treatment facility to the
existing No Business Creek pump
station to convey wastewater flows from
the tunnel to the pump station and a lift
station to lift the flow from the tunnel
invert to the pump station. The tunnel
is an approximate 16,000 linear feet, 12foot diameter hard rock bore. The lift
station is constructed inside an
approximate 180 feet deep shaft
constructed through hard rock and lined
with concrete and shotcrete. The
completed project will have a design
flow capacity of 7.5 million gallons per
day (mgd) and overflow storage capacity
in excess of 13 million gallons of raw
sewage.’’
The project requires the installation of
two submersible pumps, plus an
additional spare submersible pump. The
pumps are specified at a maximum 335
hp and 5.5 mgd pumping capacity at a
total head of 207 feet. The project
specification provided prospective
bidders with one acceptable
E:\FR\FM\21JAN1.SGM
21JAN1
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[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Notices]
[Pages 3463-3464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1103]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9104-9]
Cross-Media Electronic Reporting Rule State Authorized Program
Revision Approval: State of North Carolina
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 North Carolina's
request to revise its EPA-authorized program to allow electronic
reporting.
DATES: EPA's approval is effective January 21, 2010.
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 the programs covered by the application and
will use electronic document receiving systems that meet the applicable
subpart D requirements.
On October 15, 2008, the State of North Carolina Department of
Environment and Natural Resources (NCDENR) submitted an application for
its Integrated Build Environment for Application Management (IBEAM)
electronic document receiving system
[[Page 3464]]
for revision of its EPA-authorized program under title 40 CFR. EPA
reviewed NCDENR's request to revise its EPA-authorized program and,
based on this review, EPA determined that the application met the
standards for approval of authorized program revisions 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 North Carolina's request for revision to
its authorized program is being published in the Federal Register.
Specifically, EPA has approved the State of North Carolina's
request to revise its Part 52--Approval and Promulgation of
Implementation Plans authorized program for electronic reporting of air
emissions information under 40 CFR part 51, for electronic submissions
that do not include an electronic signature, but instead provide for a
handwritten signature on a separate paper submission report.
NCDENR was notified of EPA's determination to approve its
application with respect to the authorized program listed above.
Dated: January 7, 2010.
Lisa Schlosser,
Director, Office of Information Collection.
[FR Doc. 2010-1103 Filed 1-20-10; 8:45 am]
BILLING CODE 6560-50-P
