Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 9207 

review the primary (health-based) 

NAAQS for CO. CASAC has previously 

provided consultative advice on EPA’s 

Plan for Review of the National Ambient 

Air Quality Standards for Carbon 

Monoxide, the first document in this 

review of the CO NAAQS. CASAC held 

a public meeting in Chapel Hill, North 

Carolina on May 12–13, 2009 (as 

announced in 74 FR 15265–15266) to 

review the first draft Integrated Science 

Assessment for Carbon Monoxide and 

provide consultative advice on the 

Carbon Monoxide National Ambient Air 

Quality Standards: Scope and Methods 

Plan for Risk and Exposure Assessment. 

CASAC reviewed the second draft 

Integrated Science Assessment for 

Carbon Monoxide and the first draft 

Risk and Exposure Assessment to 

Support the Review of the Carbon 

Monoxide Primary National Ambient 

Air Quality Standards during the 

November 16–17, 2009 public meeting 

(as announced in 74 FR 54042–54043). 

The CASAC advisory reports are 

available on the EPA Web site at http:// 

www.epa.gov/casac. 

The purpose of the March 22 and 23, 

2010 meeting is for the CASAC Panel to 

conduct peer reviews of the Risk and 

Exposure Assessment to Support the 

Review of the Carbon Monoxide Primary 

National Ambient Air Quality 

Standards: Second External Review 

Draft and the Policy Assessment for the 

Review of the Carbon Monoxide 

National Ambient Air Quality 

Standards: External Review Draft 

recently issued by EPA’s Office of Air 

and Radiation (OAR). The purpose of 

the Policy Assessment is to ‘‘bridge the 

gap’’ between the scientific information 

and the judgments required of the 

Administrator in determining whether it 

is appropriate to retain or revise the 

carbon monoxide standards. The draft 

Policy Assessment builds upon the key 

scientific and technical information 

contained in the Agency’s final 

Integrated Science Assessment for 

Carbon Monoxide (January 2010), as 

well as the Risk and Exposure 

Assessment. The chartered CASAC will 

review and approve the Panel’s draft 

reports by a public conference call on 

April 19, 2010. 

Technical Contacts: Any questions 

concerning EPA’s Risk and Exposure 

Assessment to Support the Review of the 

Carbon Monoxide Primary National 

Ambient Air Quality Standards: Second 

External Review Draft or Policy 

Assessment for the Review of the Carbon 

Monoxide National Ambient Air Quality 

Standards: External Review Draft 

should be directed to Dr. Deirdre 

Murphy, OAR, murphy.deirdre@epa.gov 

or (919) 541–0729 or Dr. Ines Pagan, 

OAR, at pagan.ines@epa.gov or (919) 

541–5469. 

Availability of Meeting Materials: 

Both EPA–OAR’s Risk and Exposure 

Assessment to Support the Review of the 

Carbon Monoxide Primary National 

Ambient Air Quality Standards: Second 

External Review Draft and Policy 

Assessment for the Review of the Carbon 

Monoxide National Ambient Air Quality 

Standards: External Review Draft will 

be available at http://www.epa.gov/ttn/ 

naaqs/standards/co/s_co_index.html. 

The agenda and other materials for the 

CASAC meetings will be posted on the 

SAB Web site at http://www.epa.gov/ 

casac. 

Procedures for Providing Public Input: 

Interested members of the public may 

submit relevant written or oral 

information for consideration on the 

topics included in this advisory activity. 

Oral Statements: To be placed on the 

public speaker list for the March 22 and 

23, 2010 meeting, interested parties 

should notify Ms. Kyndall Barry, DFO, 

by e-mail no later than March 15, 2010. 

To be placed on the public speaker list 

for the April 19, 2010 teleconference, 

interested parties should notify Dr. 

Holly Stallworth, DFO, by e-mail no 

later than April 13, 2010. Individuals 

making oral statements will be limited 

to five minutes per speaker. Written 

Statements: Written statements for the 

March 22 and 23, 2010 meeting should 

be received in the SAB Staff Office by 

March 15, 2010, so that the information 

may be made available to the CASAC 

Panel for its consideration prior to this 

meeting. Written statements for the 

April 19, 2010 meeting should be 

received in the SAB Staff Office by 

April 13, 2010. Written statements 

should be supplied to the appropriate 

DFO in the following formats: one hard 

copy with original signature and one 

electronic copy via e-mail (acceptable 

file format: Adobe Acrobat PDF, MS 

Word, WordPerfect, MS PowerPoint, or 

Rich Text files in IBM–PC/Windows 98/ 

2000/XP format). Submitters are asked 

to provide versions of each document 

submitted with and without signatures, 

because the SAB Staff Office does not 

publish documents with signatures on 

its Web sites. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact Ms. Barry at 

the phone number or e-mail address 

noted above, preferably at least ten days 

prior to the meeting, to give EPA as 

much time as possible to process your 

request. 

Dated: February 23, 2010. 

Anthony F. Maciorowski, 

Deputy Director, EPA Science Advisory Board 

Staff Office. 

[FR Doc. 2010–4141 Filed 2–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9118–8] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Marin Resource Conservation 

District Project #C–06–6922–110 

Funded by the California CWSRF 

ARRA Loan #09–306–550 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

project waiver of the Buy American 

requirements of ARRA 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 Marin Resource Conservation 

District (MRCD), a Clean Water State 

Revolving Fund/ARRA loan recipient, 

for the purchase of a GrundFos SQ Flex 

6 SQF–2 solar powered submersible 

pump system with control and solar 

panels (pump system) manufactured in 

Denmark by GrundFos. 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 projectspecific circumstances. The Assistant 

Administrator of the Office of 

Administration and Resources 

Management has concurred on this 

decision to make an exception under 

section 1605(b)(2) of ARRA. 

DATES: Effective Date: December 14, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Abimbola Odusoga, Environmental 

Engineer, Water Division, Infrastructure 

Office (WTR–4), (415) 972–3437, U.S. 

EPA Region 9, 75 Hawthorne San 

Francisco, CA 94105. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c), 

EPA hereby provides notice it is 

granting a project waiver of the 

requirements of Section 1605(b)(2) of 

Public Law 111–5, Buy American 

requirements, to the MRCD for the 

acquisition of the GrundFos SQ Flex 6 

mstockstill on DSKH9S0YB1PROD with NOTICES

9208 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 

SQF–2 solar powered submersible 

pump system with control and solar 

panels (pump system) manufactured in 

Denmark by GrundFos. The head of 

each federal agency is authorized to 

issue project waivers pursuant to 

Section 1605(c) of ARRA. Section 

1605(a) of the ARRA requires that none 

of the funds appropriated or otherwise 

made available by the ARRA 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. Pursuant to Section 

1605(c), a waiver may be provided if 

EPA determines: (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 the overall project by more than 

25 percent. A Delegation of Authority 

Memorandum was issued by the EPA 

Administrator on March 31, 2009 which 

provided EPA Regional Administrators 

with the authority to issue waivers to 

Section 1605(a) of ARRA within the 

geographic boundaries of their 

respective regions and with respect to 

requests by individual recipients of 

ARRA financial assistance. 

The MRCD implements projects 

within the Tomales Bay and Stemple 

Creek Watersheds to stop soil erosion, 

improve riparian habitat, and stabilize 

eroding stream channels on agricultural 

lands. The MRCD is installing the pump 

system to redevelop a brick well in 

order to provide replacement water for 

livestock which have been kept from 

natural water supplies, due to efforts to 

fence off a creek for streamside and 

riparian restoration, which restoration 

will also reduce non-point source 

pollution. This project is intended to 

further the purposes of the San 

Francisco Bay Regional Water Quality 

Control Board (SFBRWQCB) plan to 

facilitate land (grazing) management by 

providing water and water outlets. This 

will permit the landowner to practice 

rotational grazing and avoid depleting 

the integrity of the land with intense 

grazing. 

The MRCD’s specifications require the 

pump system to deliver 920 gallons per 

day (GPD) against a total dynamic head 

(TDH) of 160 feet. The MRCD stated in 

their waiver submission that the closest 

equivalent domestically-manufactured 

pump systems do not meet these project 

specifications. Initial analysis by EPA’s 

national contractor indicated that there 

was one domestic manufacturer that 

might be able to meet the project 

specifications, but observed that 

additional information clarifying the 

project’s winter month flow 

requirements was necessary to 

determine whether this domestic 

manufacturer could meet all necessary 

project specifications. 

Additional information provided by 

the MRCD specified that the system 

must also have a pumping capacity of 

1400 GPD at 160 feet of TDH during the 

winter. Further analysis by EPA and 

EPA’s national contractor confirmed 

that domestic models capable of 

meeting the pumping capacity and TDH 

specifications in winter months would 

require an additional fuel source. The 

method to generate this power would 

require the use of the emergency 

generator system. Using the emergency 

system defeats the purpose of having a 

backup source, and leaves the project 

site vulnerable to failure. Moreover, as 

the back-up source of power supply 

would need to be in operation for nearly 

the same amount of time that the solar 

powered equipment would be in 

operation, this reliance on the 

emergency system compromises the 

environmental significance achieved by 

having a solar powered pump system. 

The April 28, 2009 EPA 

Memorandum for implementation of the 

ARRA Buy American provisions of P.L. 

111–5, states the quantity of iron, steel, 

or relevant manufactured good is 

‘‘reasonably available’’ if it is available at 

the time and place needed, and in the 

proper form or specification as specified 

in the project plans and design. 

The MRCD’s submission articulates a 

reasonable and appropriate basis for 

choosing the type of technology it chose 

for this project in environmental 

objectives and performance 

specifications. Further, it provides 

sufficient documentation the relevant 

manufactured goods are not produced in 

the United States in sufficient and 

reasonably available quantity and of a 

satisfactory quality to meet its technical 

specifications. The MRCD has 

incorporated specific technical design 

specifications for the proposed project 

based on their needs and provided 

information to the EPA indicating there 

are currently no pump systems 

manufactured in the United States that 

have equivalent product specifications. 

The MRCD has also provided 

certification from its supplier indicating 

there are no systems of comparable 

quality available from a domestic 

manufacturer to meet its specifications. 

Based on additional research conducted 

by the EPA’s Buy American consultant, 

there do not appear to be other pump 

systems available to meet the MRCD’s 

specifications. 

Furthermore, the purpose of the 

ARRA is to stimulate economic recovery 

by funding current infrastructure 

construction, not to delay shovel ready 

projects by requiring entities, like the 

MRCD, to revise their design and 

potentially choose a more costly and 

less efficient project. The imposition of 

ARRA Buy American requirements on 

such projects eligible for CWSRF 

assistance would result in unreasonable 

delay and thus displace the ‘‘shovel 

ready’’ status for this project. 

The EPA Region 9 Infrastructure 

Office, Office of Regional Counsel, 

EPA’s Buy American consultant, and 

EPA’s Office of Administration and 

Resource Management have reviewed 

this waiver request and have 

determined the supporting 

documentation provided by the MRCD 

is sufficient to meet the criteria listed 

under ARRA Section 1605(b)(2) and the 

EPA April 28, 2009, Memorandum for 

implementation of ARRA Buy American 

provisions of Public Law 111–5. 

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 MRCD is hereby granted a waiver 

from the Buy American requirements of 

Sections 1605(a) of Public Law 111–5, 

for the purchase of the GrundFos pump 

system, specified in the MRCD’s request 

of September 23, 2009. This 

supplementary information constitutes 

the detailed written justification 

required by Section 1605(c) for waivers 

based on a finding under Section 

1605(b)(2). 

Authority: Public Law 111–5, Section 

1605. 

Dated: December 14, 2009. 

Laura Yoshii, 

Acting Regional Administrator, EPA Pacific 

Southwest Region. 

[FR Doc. 2010–4075 Filed 2–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9119–8] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree; request for public comment. 

mstockstill on DSKH9S0YB1PROD with NOTICES