Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices 82389 

B. Disposition of Existing Stocks for All 

Table 1B Products 

Wellmark International is prohibited 

from using, selling, or distributing 

propetamphos technical (EPA Reg. No. 

2724–313), except for (i) Export 

consistent with FIFRA section 17, (ii) 

for proper disposal or (iii) to formulate 

existing stocks of propetamphos 

technical (EPA Reg. No. 2724–313) into 

its propetamphos end-use product (EPA 

Reg. No. 2724–450) effective 

immediately. After March 30, 2012, 

Wellmark International is prohibited 

from using, as well as continuing to be 

prohibited from selling or distributing, 

its propetamphos technical (EPA Reg. 

No. 2724–313), except for export 

consistent with FIFRA section 17 or for 

proper disposal. 

The cancellation of the propetamphos 

end-use product (EPA Reg. No. 2724– 

450) is effective March 30, 2012. 

Wellmark International is permitted to 

sell or distribute existing stocks of the 

canceled end-use product (EPA Reg. No. 

2724–450) until such stocks are 

exhausted. Persons other than Wellmark 

International are allowed to sell, 

distribute, and use existing stocks of the 

canceled propetamphos end-use 

product (EPA Reg. No 2724–450) until 

supplies are exhausted, provided that 

such sale, distribution, and use is 

consistent with the terms of the 

previously approved labeling on, or that 

accompanied, the canceled product. The 

existing stocks provisions outlined in 

this notice are intended to allow 

depletion of the amount of technical 

propetamphos (EPA Reg. No. 2724–313) 

that Wellmark International currently 

has on-hand from purchases made prior 

to its decision to request voluntary 

cancellation. Use until depletion will 

preclude environmental disposal 

concerns of quantities of undiluted 

propetamphos that cannot be 

formulated or used. 

List of Subjects 

Environmental protection, Pesticides, 

Pests. 

Dated: December 14, 2010. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-Evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2010–32923 Filed 12–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9245–7] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Buffalo Island Regional Water 

District, Monette, AR 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Regional Administrator 

of EPA Region 6 is hereby granting a 

project waiver of the Buy American 

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 Buffalo Island Regional Water 

District (‘‘District’’) for the purchase of a 

15 horsepower (HP) vertical hollow 

shaft electric motor, for use in a water 

supply well. The 15 HP vertical hollow 

shaft electric motor is manufactured by 

foreign manufacturers and no United 

States manufacturer produces an 

alternative that meets the District’s 

technical specifications. This is a 

project specific waiver and only applies 

to the use of the specified product for 

the ARRA funded project being 

proposed. 

Any other ARRA project that may 

wish to use the same product must 

apply for a separate waiver based on the 

specific project circumstances. The 

Regional Administrator is making this 

determination based on the review and 

recommendations of the EPA Region 6, 

Water Quality Protection Division. The 

District has provided sufficient 

documentation to support its request. 

The Assistant Administrator of the 

EPA’s Office of Administration and 

Resources Management has concurred 

on this decision to make an exception 

to Section 1605 of ARRA. This action 

permits the purchase of a 15 HP vertical 

hollow shaft electric motor not 

manufactured in America, for the 

proposed project being implemented by 

the District. 

DATES: Effective Date: December 17, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Nasim Jahan, Buy American 

Coordinator, (214) 665–7522, SRF & 

Projects Section, Water Quality 

Protection Division, U.S. EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

SUPPLEMENTARY INFORMATION: 

In accordance with ARRA Section 

1605(c) and 1605(b)(2), EPA hereby 

provides notice that it is granting a 

project waiver of the requirements of 

Section 1605(a) of Public Law 111–5, 

Buy American requirements to the 

District for the acquisition of a 15 HP 

vertical hollow shaft electric motor. The 

District has been unable to find an 

American made electric motor to meet 

its specific requirements of cross 

correlation functionality for pinpointing 

leaks throughout its water distribution 

system. 

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 are 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 District’s water system 

improvement project includes the 

development of a new water supply 

well serviced by a new vertical turbine 

well pump. The District has conducted 

a pumping test after the development of 

the new well and has determined that 

a 15 HP vertical hollow shaft electric 

motor is sufficient to provide the 

required production flow rate of 500 

gallon per minute (gpm) at 87 feet Total 

Dynamic Head (TDH). 

The District is requesting a waiver for 

the use of a 15 HP vertical hollow shaft 

electric motor on the basis that there are 

no domestic manufacturers of the 

electric motors that will meet the 

District’s product specifications. The 

District contacted seventeen 

manufacturers and of the seventeen (17) 

listed manufacturers, only three (3) 

electric motor manufacturers were 

reported to make the 15 HP vertical 

hollow shaft electric motor, but none are 

manufactured in the United States. 

Based on additional research 

conducted by EPA Region 6, there does 

not appear to be any domestic electric 

motor manufacturers that would meet 

the District’s technical specifications. 

EPA’s national contractor prepared a 

technical assessment report based on 

the waiver request submittal. The report 


jlentini on DSKJ8SOYB1PROD with NOTICES
82390 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices 

confirmed the waiver applicant’s claim 

that there is no American-made 15 HP 

vertical hollow shaft electric motor 

available for use in a water supply well. 

Therefore, EPA Region 6 concludes that 

the District meets the ‘‘specifications in 

project plans and design.’’ 

EPA has determined that the District’s 

waiver request is timely even though the 

request was made after the construction 

contract was signed. Consistent with the 

direction of the OMB Guidance at 2 CFR 

176.120, EPA has evaluated the 

District’s request to determine if the 

request constitutes a late request. EPA 

will generally regard waiver requests 

with respect to components that were 

specified in the bid solicitation or in a 

general/primary construction contract as 

‘‘late’’ if submitted after the contract 

date. However, in this case EPA has 

determined that the District’s request, 

though made after the contract date, 

may be treated as timely. This request 

is submitted after the contract date 

because the District was unable to 

specify the exact size of the motor until 

after the development of the new well 

and the completion of the pumping test. 

The need for a waiver was not 

determined until after the well 

contractor confirmed that there was no 

domestically made 15 HP vertical 

hollow shaft electric motor available to 

meet the project specifications. 

Accordingly, EPA will evaluate the 

request as a timely request. 

The April 28, 2009 EPA HQ 

Memorandum, Implementation of Buy 

American provisions of Public 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 District has 

incorporated specific technical design 

requirements for installation of electric 

motor in its water supply well. 

Therefore, it meets the requirements of 

the ‘‘satisfactory quality’’ criterion for 

requesting a waiver from the Buy 

American provisions of Public Law 

111–5. 

The purpose of the ARRA is to 

stimulate economic recovery in part by 

funding current infrastructure 

construction, not to delay projects that 

are ‘‘shovel ready’’ by requiring utilities, 

such as the District, to revise their 

standards and specifications, institute a 

new bidding process, and potentially 

choose a more costly, less efficient 

project. The imposition of ARRA Buy 

American requirements on such projects 

otherwise eligible for State Revolving 

Fund assistance would result in 

unreasonable delay and thus displace 

the ‘‘shovel ready’’ status for this project. 

To further delay construction is in 

direct conflict with a fundamental 

economic purpose of the ARRA, which 

is to create or retain jobs. 

The Region 6 Water Quality 

Protection Division has reviewed this 

waiver request, and has determined that 

the supporting documentation provided 

by the District is sufficient to meet the 

criteria listed under ARRA, Section 

1605(b), Office of Management and 

Budget (OMB) regulations at 2 CFR 

176.60–176.170, and in the April 28, 

2009, memorandum, ‘‘Implementation 

of Buy American provisions of Public 

Law 111–5, the American Recovery and 

Reinvestment Act of 2009. The basis for 

this project waiver is the authorization 

provided in ARRA, Section 1605(b)(2). 

Due to the lack of production of this 

product in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality 

in order to meet the District’s technical 

specifications, a waiver from the Buy 

American requirement is justified. 

EPA headquarters’ March 31, 2009 

Delegation of Authority Memorandum 

provided Regional Administrators with 

the authority to issue exceptions to 

Section 1605 of ARRA within the 

geographic boundaries of their 

respective regions and with respect to 

requests by individual grant recipients. 

Having established both a proper basis 

to specify the particular good required 

for this project, and that this 

manufactured good was not available 

from a producer in the United States, 

the District is hereby granted a waiver 

from the Buy American requirements of 

ARRA, Section 1605(a) of Public Law 

111–5 for the purchase of a 15 HP 

vertical hollow shaft electric motor, 

using ARRA funds, as specified in the 

District’s request. This supplementary 

information constitutes the detailed 

written justification required by ARRA, 

Section 1605(c), for waivers ‘‘based on a 

finding under subsection (b).’’ 

Authority: Public Law 111–5, section 1605. 

Dated: December 17, 2010. 

Al Armendariz, 

Regional Administrator, U.S. Environmental 

Protection Agency, Region 6. 

[FR Doc. 2010–32927 Filed 12–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9246–2] 

Proposed Settlement Agreement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Proposed Settlement 

Agreement; Request for Public 

Comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, 42 U.S.C. 

7413(g), notice is hereby given of a 

proposed settlement agreement to 

address lawsuits filed by the following 

groups of Petitioners: (1) The States of 

New York, California, Connecticut, 

Delaware, Maine, New Hampshire, New 

Mexico, Oregon, Rhode Island, 

Vermont, and Washington, the 

Commonwealth of Massachusetts, the 

District of Columbia, and the City of 

New York (collectively ‘‘State 

Petitioners’’); and (2) Natural Resources 

Defense Council, Sierra Club, and 

Environmental Integrity Project 

(collectively ‘‘Environmental 

Petitioners’’). State and Environmental 

Petitioners filed their lawsuits in the 

United States Court of Appeals for the 

District of Columbia Circuit, which were 

consolidated under the lead case 

American Petroleum Institute, et al. v. 

EPA, No. 08–1277 (DC Cir.). Petitioners 

filed petitions for review of EPA’s final 

rule entitled ‘‘Standards of Performance 

for Petroleum Refineries,’’ published at 

73 FR 35838 (June 24, 2008). The 

proposed settlement agreement 

establishes deadlines for EPA’s 

proposed and final actions for meeting 

its obligations in the agreement. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by January 31, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–1045, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; by mail to EPA 

Docket Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; or by 

hand delivery or courier to EPA Docket 

Center, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC, between 8:30 a.m. and 4:30 p.m. 

Monday through Friday, excluding legal 

holidays. Comments on a disk or CD– 

ROM should be formatted in Word or 

ASCII file, avoiding the use of special 

characters and any form of encryption, 

and may be mailed to the mailing 

address above. 


jlentini on DSKJ8SOYB1PROD with NOTICES