Environmental Protection Agency May 9, 2011 – Federal Register Recent Federal Regulation Documents
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Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the City of South Burlington, VT
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 the City of South Burlington, Vermont (``City'') for the installation of two specific turbo aeration blower units for the City's Airport Parkway Wastewater Treatment Plant Upgrade project. This is a project specific waiver and only applies to the use of the specified products for the ARRA project under construction. Any other ARRA recipient that wishes to use the same products must apply for a separate waiver based on project specific circumstances. The City was provided written representations by the manufacturer (K Turbo USA) during 2009 and early 2010 that the turbo aeration blower units being supplied would be substantially transformed in the United States and would be in compliance with the Buy American provisions of ARRA. However, as a result of a recent on- going criminal investigation, the written representations provided by the manufacturer that the specified aeration blowers units had undergone substantial transformation in the United States have been questioned. Based on the information provided by the City, EPA agrees with the City that, if the K-Turbo units in question are determined to be non-American made, requiring the installation of domestically manufactured turbo aeration blower units will extend the time frame of the project by approximately five months due to the redesign, procurement, submittal delivery, submittal review, fabrication, delivery, and replacement of the aeration blower installation at the construction site. This delay is inconsistent with the public interest, and a waiver of the Buy American provisions in these circumstances is justified. The Regional Administrator is making this determination based on the review and recommendations of the Municipal Assistance 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 two specified turbo aeration blower units that have already been delivered to the construction site as noted in the City's March 31, 2011 request.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Requirements for Preconstruction Review, Prevention of Significant Deterioration
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Delaware Department of Natural Resources and Environmental Control on April 1, 2010. This revision will establish nitrogen oxides (NOX) as a precursor to ozone within the Delaware SIP. This action is being taken under the Clean Air Act (CAA).
2011 Annual Meeting of the Ozone Transport Commission
The United States Environmental Protection Agency is announcing the 2011 Annual Meeting of the Ozone Transport Commission (OTC). This OTC meeting will explore options available for reducing ground-level ozone precursors in a multi-pollutant context. The Commission will be evaluating potential measures and considering actions in areas such as performance standards for electric generating units (EGUs) on high electric demand days, oil and gas boilers serving EGUs, small natural gas boilers, stationary generators, energy security/energy efficiency, architectural industrial and maintenance coatings, consumer products, institution commercial and industrial (ICI) boilers, vapor recovery at gas stations, large above ground storage tanks, seaports, aftermarket catalysts, lightering, and non- road idling.
Re-Issuance of a General Permit to the National Science Foundation for the Ocean Disposal of Man-Made Ice Piers From McMurdo Station in Antarctica; Proposed Permit
EPA proposes to re-issue a permit authorizing the National Science Foundation (NSF) to dispose of ice piers in ocean waters. Permit re-issuance is necessary because the current permit has expired. EPA does not propose changes to the content of the permit because ocean disposal under the terms of the previous permit will continue to meet the ocean disposal criteria.
Science Advisory Board Staff Office; Notification of a Public Teleconference of the Chartered Science Advisory Board
The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the chartered SAB on June 7, 2011 to conduct a quality review of a draft SAB report entitled ``SAB Review of Valuing Mortality Risk Reductions for Environmental Policy.''
Notice of Intent: Designation of an Expanded Ocean Dredged Material Disposal Site (ODMDS) off Fort Lauderdale, FL
EPA, in cooperation with the U.S. Army Corps of Engineers Jacksonville District (USACE), intends to prepare an EA to designate an expanded ODMDS off shore of Fort Lauderdale, Florida. An EA is needed to provide the environmental information necessary to evaluate the potential environmental impacts associated with expanding the ODMDS. Need for Action: The USACE has requested that EPA designate an expanded ODMDS, approximately 4 square nautical miles in size, for the disposal of dredged material from the potential construction dredging at Port Everglades Harbor. The need for an expanded ODMDS is based on capacity computer modeling results. Alternatives: The following proposed alternatives have been tentatively defined: 1. No action. 2. Expansion of the existing Port Everglades Harbor ODMDS. 3. Expand the existing ODMDS to the north and west. Scoping: EPA is requesting written comments from federal, state, and local governments, industry, non-governmental organizations, and the general public on the range of alternatives considered, specific environmental issues to be evaluated, and the potential impacts of the alternatives. Scoping comments will be accepted for 60 days, beginning with the date of this Notice. A public scoping meeting was held in Fort Lauderdale, Florida on March 31, 2011. Estimated Date of Draft EA Release: March 2012. Responsible Official: Gwendolyn Keyes Fleming, Regional Administrator, Region 4.
Wisconsin: Incorporation by Reference of Approved State Hazardous Waste Management Program
The Resource Conservation and Recovery Act of 1976, as amended (RCRA) allows EPA to authorize States to operate their hazardous waste management programs in lieu of the Federal program. EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to EPA's inspection and enforcement. This rule codifies in the regulations the prior approval of Wisconsin's hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.
Wisconsin: Incorporation by Reference of Approved State Hazardous Waste Management Program
EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs,'' Wisconsin's authorized hazardous waste program. EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under the Solid Waste Disposal Act, commonly referred to as the Resource Conversation and Recovery Act (RCRA).
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District
EPA is finalizing approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on May 21, 2010 and concern oxides of nitrogen (NOx) and particulate matter (PM) emissions primarily from indirect sources associated with new development projects as well as NOx and PM emissions from certain transportation and transit projects. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District (ICAPCD)
EPA is finalizing approval of revisions to the Imperial County Air Pollution Control District portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on February 9, 2011 and concern New Source Review (NSR) permitting requirements and exemptions for various air pollution sources. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Agency Information Collection Activities: Request for Comments on Sixty-Four Proposed Information Collection Requests (ICRs)
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit the following sixty-four existing, approved, continuing Information Collection Requests (ICR) to the Office of Management and Budget (OMB) for the purpose of renewing the ICRs. Before submitting the ICRs to OMB for review and approval, EPA is soliciting comments on specific aspects of the information collections as described under SUPPLEMENTARY INFORMATION.
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