79374 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices 

15EPA stated in the March 2006 final rule that the 

PM hot-spot modeling guidance would ‘‘consider 

how projects of air quality concern are predicted to 

impact air quality at existing and potential PM2.5

monitor locations which are appropriate to allow 

the comparison of predicted PM2.5 concentrations to 

the current PM2.5 standards, based on PM2.5 monitor 

siting requirements (40 CFR Part 58).’’ (71 FR 12471) 

guidance on estimating project 

emissions using EPA’s MOVES model, 

California’s EMFAC model, and other 

methods; and outlines how to apply air 

quality dispersion models for 

quantitative PM hot-spot analyses. The 

guidance also discusses how to 

calculate design values for comparison 

to each PM NAAQS, as well as how to 

determine which air quality modeling 

receptors may or may not be appropriate 

for PM hot-spot analyses.15 The 

guidance also describes how the 

interagency consultation process should 

be used to develop quantitative hot-spot 

analyses in PM nonattainment and 

maintenance areas. In addition, the 

guidance includes other resources and 

examples to assist in conducting 

quantitative PM hot-spot modeling 

analyses. However, the guidance does 

not change transportation conformity 

rule requirements for PM hot-spot 

analyses, such as what types of projects 

are subject to these analyses. EPA notes 

that this guidance helps implement 

existing CAA and transportation 

conformity requirements and is not a 

regulation. In addition, certain sections 

of this guidance may be applicable 

when completing air quality analyses 

for transportation projects for purposes 

other than transportation conformity. 

EPA has coordinated with the DOT in 

developing this final guidance. 

A draft of this guidance was made 

available for public comment on May 

26, 2010, with a closing date of July 19, 

2010 (75 FR 29537–29538). EPA 

received 15 sets of comments on the 

draft guidance and considered these 

comments when developing the final 

document. 

As discussed in Section I, the 

conformity rule requires EPA to release 

guidance on how to conduct 

quantitative PM hot-spot analyses prior 

to announcing that the requirement to 

conduct such analyses is in effect (40 

CFR 93.123(b)(4)). This regulatory 

requirement is met with today’s release 

of this final quantitative PM hot-spot 

modeling guidance, as described in this 

notice. The qualitative PM hot-spot 

requirements under 40 CFR 93.123(b)(2) 

will no longer apply in any PM2.5 and 

PM10 nonattainment and maintenance 

areas once the grace period is over and 

quantitative requirements are in effect. 

At that time, the 2006 EPA/FHWA 

qualitative PM hot-spot guidance will be 

superseded by EPA’s quantitative PM 

hot-spot guidance for these analyses. 

B. Guidance for Using MOVES in 

Project-Level CO Analyses 

EPA is also releasing today the final 

guidance document: ‘‘Using MOVES in 

Project-Level Carbon Monoxide 

Analyses’’ (EPA–420–B–10–041). The 

purpose of this guidance is to describe 

how to use MOVES to estimate CO 

emissions from highway and transit 

projects in States other than California. 

This guidance is available online at the 

EPA Web site: http://www.epa.gov/otaq/ 

stateresources/transconf/policy.htm. 

EPA coordinated with DOT in 

developing this guidance. 

This guidance can be applied when 

using MOVES to complete any 

quantitative CO project-level analysis, 

including: CO hot-spot analyses for 

transportation conformity 

determinations, localized SIP modeling, 

and CO project-level analyses 

completed pursuant to the National 

Environmental Policy Act. EPA and 

DOT will provide outreach and training 

for using this guidance. 

Dated: December 14, 2010. 

Margo Tsirigotis Oge, 

Director, Office of Transportation and Air 

Quality. 

[FR Doc. 2010–31909 Filed 12–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9241–2] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the Woodlake 

Tax District in Woodbury, CT 

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)(2) [manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality] 

to the Woodlake Tax District (‘‘District’’) 

in Woodbury, Connecticut for the 

purchase of a submersible well pump as 

part of the construction of a new 

bedrock well field and raw water 

transmission line. 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. Based upon 

information submitted by the District 

and its consulting engineer, it has been 

determined that there are currently no 

domestically manufactured submersible 

well pumps available to meet its 

proposed project specifications. 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 

Section 1605 of ARRA. This action 

permits the purchase of a 3 inch 

diameter submersible well pump by the 

District, as specified in its October 19, 

2010 request. 

DATES: Effective Date: December 10, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Katie Connors, Environmental Engineer, 

(617) 918–1658, or David Chin, 

Environmental Engineer, (617) 918– 

1764, Municipal Assistance Unit (CMU), 

Office of Ecosystem Protection (OEP), 

U.S. EPA, 5 Post Office Square, Suite 

100, Boston, MA 02109–3912. 

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(a) of 

Public Law 111–5, Buy American 

requirements, to the District for the 

purchase of a non-domestically 

manufactured 3 inch diameter 

submersible well pump to meet the 

District’s specifications as part of the 

construction of a new bedrock well field 

and raw water transmission line. 

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 a public works project 

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 the 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices 79375 

the overall project by more than 25 

percent. 

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 date that the 

contract was signed, can be evaluated as 

timely because the need for a waiver 

was not reasonably foreseeable. During 

construction, one of the three bedrock 

wells became unstable and required 

additional PVC casing to be installed the 

length of the well. Due to the additional 

PVC casing in the well, the 4 inch 

diameter well pump specified during 

design could no longer be utilized and 

a smaller 3 inch diameter submersible 

well pump was needed. The recipient 

could not reasonably have foreseen the 

need for a waiver prior to the changed 

circumstances which developed during 

construction. Accordingly, EPA will 

evaluate the request as a timely request. 

The District is requesting a waiver 

from the Buy American provision of 

ARRA for one 3 inch diameter, 1 

horsepower, single phase submersible 

well pump manufactured by Grundfos 

Pump Corporation. The unit is 

scheduled for installation by the end of 

November 2010. During drilling and 

pump testing of one of the three bedrock 

wells within the well field, a soft rock 

layer was discovered in the formation 

and the well appeared to be unstable. 

An additional 4 inch PVC casing was 

installed the length of the well to help 

prevent caving and allow flexibility to 

install the pump below the soft rock 

layer. With the additional casing in 

place, the original 4 inch diameter well 

pump that was specified during design 

could no longer be used as it exceeded 

the diameter of the modified well. 

The District has researched foreign 

and domestic manufacturers of 3 inch 

diameter submersible well pumps and 

has determined that domestic 

manufacturers are not able to 

manufacture a well pump that meets the 

necessary 3 inch diameter. The District 

was only able to identify Grundfos 

Pump Corporation that manufactures a 

3 inch diameter, 1 horsepower, single 

phase submersible well pump. 

An evaluation of all of the submitted 

documentation by EPA’s technical 

review team supports and confirms the 

District’s claim that there are currently 

no domestic manufacturers that can 

provide a submersible well pump that 

meets the necessary size constraints. 

The consulting engineer for the District 

identified three domestic manufacturers 

in the United States. None of the 

companies currently manufacture 3 inch 

diameter submersible well pumps. An 

independent review of the submitted 

documentation by EPA’s national 

contractor found four additional 

possible domestic manufacturers. 

However, none of the manufacturers 

contacted currently provides a product 

that meets the size constraints. In 

addition, the evaluation of the 

supporting documentation 

demonstrated that foreign manufactured 

3 inch diameter submersible well 

pumps are available and will be able to 

meet the proposed specifications. 

Furthermore, the purpose of the 

ARRA is to stimulate economic recovery 

by funding current infrastructure 

construction, not to delay or curtail 

entirely projects that are ‘‘shovel ready’’ 

by requiring potential SRF eligible 

recipients, such as the Woodlake Tax 

District, to revise their design standards 

and specifications. To curtail entirely 

this construction would directly conflict 

with a fundamental economic purpose 

of ARRA, which is to create or retain 

jobs. 

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’ ’’ 

(‘‘Memorandum’’), 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 same Memorandum 

defines ‘‘satisfactory quality’’ as ‘‘the 

quality of steel, iron or manufactured 

good specified in the project plans and 

designs.’’ 

The Municipal Assistance Unit (CMU) 

has reviewed this waiver request and 

has determined that the supporting 

documentation provided by the District 

establishes both a proper basis to 

specify a particular manufactured good, 

and that the domestically manufactured 

good that is currently available does not 

meet the specifications for the proposed 

project. The information provided is 

sufficient to meet the following criteria 

listed under Section 1605(b) of the 

ARRA and in the April 28, 2009 

Memorandum: Iron, steel, and the 

manufactured goods are not produced in 

the United States in sufficient and 

reasonably available quantities and of a 

satisfactory quality. 

The March 31, 2009 Delegation of 

Authority Memorandum provided 

Regional Administrators with the 

temporary authority to issue exceptions 

to Section 1605 of the 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 Woodlake Tax District is hereby 

granted a waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5. This waiver permits 

use of ARRA funds for the purchase of 

a non-domestically manufactured 3 inch 

diameter submersible well pump 

documented in District’s waiver request 

submittal dated October 19, 2010. This 

supplementary information constitutes 

the detailed written justification 

required by Section 1605(c) for waivers 

based on a finding under subsection (b). 

Authority: Public Law 111–5, section 1605. 

Dated: December 10, 2010. 

Ira W. Leighton, 

Acting Regional Administrator, EPA Region 

1—New England. 

[FR Doc. 2010–31894 Filed 12–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Sunshine Act Meeting 

FCC to Hold Open Commission Meeting 

Tuesday, December 21, 2010 

The Federal Communications 

Commission will hold an Open Meeting 

on the subjects listed below on Tuesday, 

December 21, 2010, which is scheduled 

to commence at 10:30 a.m. in Room 

TW–C305, at 445 12th Street, SW., 

Washington, DC. 

Item No. Bureau Subject 

1 .............. Public Safety and Homeland Security ................. Title: Framework for Next Generation 911 Deployment. 


jlentini on DSKJ8SOYB1PROD with NOTICES