Environmental Protection Agency December 14, 2010 – Federal Register Recent Federal Regulation Documents

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.

The Regional Administrator of EPA Region 10 is hereby granting a waiver request from the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b)(1) [inconsistent with the public interest] to the City for the utilization and installation of one (1) Slide Gate in the influent control structure and two (2) Stop Logs/Guides sets in access manholes as part of an overall Combined Sewage Overflow (CSO) control project. 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 City had the contractual obligation of the contractor and written verification from the manufacturer that the Slide Gate and Stop Logs/Guides would comply with Buy American requirements and be produced in a U.S. facility. However, the contractor observed that the Slide Gate and Stop Logs/Guides delivered to the site for installation had ``Made in Canada'' labeling. The contractor confirmed with the manufacturer that goods were actually manufactured in Canada, not in the U.S., and shipped to the project site in error. Due to contractual requirements, the contractor and manufacturer will absorb the costs of the Slide Gate and Stop Logs/ Guides. Re-ordering the Slide Gate and Stop Logs/Guides and having them manufactured in a U.S. facility would delay project completion by at least nine to ten weeks. Of significant note, the City has a contractual obligation to the Oregon Department of Environmental Quality (DEQ) to begin project testing and start up by December 1, 2010 in order for the completed project to properly control CSOs and provide water quality protection during the typical wet weather associated with December and January, when CSOs are highest. Based upon information submitted by the City, EPA has concluded that requiring the installation of the domestic manufactured Slide Gate and Stop Logs/ Guides, which would extend the project schedule by at least nine to ten weeks, would be inconsistent with the public interest, and that a waiver of the Buy American provisions is justified. The Regional Administrator is making this determination based on the review and recommendations of the Grants and Strategic Planning Unit. The Assistant Administrator of the Office of Administration and Resources Management has concurred on this decision to make an exception to the requirements of Section 1605(a) of ARRA. This action allows the installation of the foreign manufactured Slide Gate and Stop Logs/ Guides, as specified in the City's October 28, 2010 request.

On June 15, 2010, EPA notified Petitioners that the Agency intended to initiate the reconsideration process in response to their request for reconsideration of certain provisions in the National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources. Among the provisions that EPA is reconsidering is a requirement that certain affected sources obtain a permit. In a separate rule published today, EPA is taking final action to stay for 90 days, the requirement for certain affected sources to comply with the title V permit program. Because we believe the reconsideration process may not be completed within 90 days, we are proposing to stay the provision requiring certain sources to obtain a permit until the final reconsideration rule is published in the Federal Register. EPA is requesting public comment on this proposed stay.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision includes an amendment to Delaware's regulation for Volatile Organic Compounds (VOC) from Consumer and Commercial Products, Section 3.0, Portable Fuel Containers. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.