39958 Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Petition IV–2007–3; FRL–8943–1] 

Clean Air Act Operating Permit 

Program; Petition for Objection to 

State Operating Permit for Tennessee 

Valley Authority—Paradise Fossil Fuel 

Plant; Drakesboro (Muhlenberg 

County), KY 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final order on petition 

to object to a state operating permit. 

SUMMARY: Pursuant to Clean Air Act 

(CAA) section 505(b)(2) and 40 CFR 

70.8(d), the EPA Administrator signed 

an Order, dated July 13, 2009, partially 

granting and partially denying a petition 

to object to a State operating permit 

issued by the Kentucky Division for Air 

Quality (KDAQ) to Tennessee Valley 

Authority (TVA) for its Paradise Fossil 

Fuel Plant (Plant Paradise) located in 

Drakesboro, Muhlenberg County, 

Kentucky. This Order constitutes a final 

action on the petition submitted by 

Preston Forsythe, the Center for 

Biological Diversity, Kentucky 

Heartwood, Sierra Club, and Hilary 

Lambert (Petitioners) on December 27, 

2007. Pursuant to section 505(b)(2) of 

the CAA, any person may seek judicial 

review of the Order in the United States 

Court of Appeals for the appropriate 

circuit within 60 days of this notice 

under section 307(b) of the Act. 

ADDRESSES: Copies of the Order, the 

petition, and all pertinent information 

relating thereto are on file at the 

following location: EPA Region 4, Air, 

Pesticides and Toxics Management 

Division, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The Order 

is also available electronically at the 

following address: http://www.epa.gov/ 

region7/programs/artd/air/title5/ 

petitiondb/petitions/ 

tvaparadise_decision2007.pdf. 

FOR FURTHER INFORMATION CONTACT: Art 

Hofmeister, Air Permits Section, EPA 

Region 4, at (404) 562–9115 or 

hofmeister.art@epa.gov. 

SUPPLEMENTARY INFORMATION: The CAA 

affords EPA a 45-day period to review 

and, as appropriate, the authority to 

object to operating permits proposed by 

State permitting authorities under title 

V of the CAA, 42 U.S.C. 7661–7661f. 

Section 505(b)(2) of the CAA and 40 

CFR 70.8(d) authorize any person to 

petition the EPA Administrator to object 

to a title V operating permit within 60 

days after the expiration of EPA’s 45- 

day review period if EPA has not 

objected on its own initiative. Petitions 

must be based only on objections to the 

permit that were raised with reasonable 

specificity during the public comment 

period provided by the State, unless the 

petitioner demonstrates that it was 

impracticable to raise these issues 

during the comment period or the 

grounds for the issues arose after this 

period. 

Petitioners submitted a petition on 

December 27, 2007, requesting that EPA 

object to a State title V operating permit 

issued by KDAQ to TVA Plant Paradise. 

Petitioners alleged that the permit was 

not consistent with the CAA for the 

following reasons: (1) The permit fails to 

include the prevention of significant 

deterioration (PSD) analysis for the 

three main boilers (Units 1–3) for NOX

due to alleged modifications undertaken 

at Plant Paradise beginning in 1984 

without TVA obtaining required PSD 

permits; (2) the permit does not require 

year-round operation of the selective 

catalytic reduction system consistent 

with 401 KAR 50:055; (3) continuous 

opacity monitoring systems (COMS) 

should be installed on Units 1–3 and 

that Method 9 is not sufficient to ensure 

compliance with the opacity 

requirements; (4) the permit fails to 

require a continuous emissions 

monitoring system (CEMS) for NOX; (5) 

the particulate matter emissions 

monitoring from the coal washing and 

handling plant are not enforceable and 

are inadequate; (6) the permit fails to 

require reporting of all monitoring 

results from COMS or CEMS; (7) the 

permit fails to contain language 

allowing for the use of any credible 

evidence; (8) the permit fails to include 

a case-by-case maximum achievable 

control technology determination for 

Units 4–6 for the industrial boiler 

national emissions standard for 

hazardous air pollutants. 

On July 13, 2009, the Administrator 

issued an Order partially granting and 

partially denying the petition. The 

Order explains EPA’s rationale for 

granting the petition with respect to 

issues 1, 3, 4 and 5, and denying on the 

other issues. 

Dated: July 29, 2009. 

Beverly Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–19071 Filed 8–7–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8942–7] 

EPA Office of Children’s Health 

Protection and Environmental 

Education Staff Office; Notice of Public 

Meetings for the National 

Environmental Education Advisory 

Council; Meeting Postponement 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of meeting 

postponement. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or Agency) 

Office of Children’s Health Protection 

and Environmental Education Office 

hereby gives notice that the National 

Environmental Education Advisory 

Council will postpone public meetings 

by conference call on the 2nd 

Wednesday of each month, beginning 

with August 12, 2009 from 12 p.m. to 

1 p.m., eastern standard time, until 

further notice. The Notice of Public 

Meetings for the National 

Environmental Education Advisory 

Council was originally published on 

July 8, 2009 at 74 FR 32595. 

DATES: This notice is applicable for the 

following dates: 

• August 12, 2009; 

• September 9, 2009; 

• October 14, 2009; 

• November 11, 2009; 

• December 9, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding this Notice, 

please contact Ms. Ginger Potter, 

Designated Federal Officer (DFO), EPA 

National Environmental Education 

Advisory Council, at 

potter.ginger@epa.gov or (202) 564– 

0453. General information concerning 

NEEAC can be found on the EPA Web 

site at: http://www.epa.gov/enviroed. 

For information on access or services for 

individuals with disabilities, please 

contact Ginger Potter as directed above. 

To request accommodation of a 

disability, please contact Ginger Potter, 

preferable at least 10 days prior to the 

meeting, to give EPA as much time as 

possible to process your request. 

SUPPLEMENTARY INFORMATION: 

Participation in the conference calls will 

be by teleconference only—meeting 

rooms will not be used. Members of the 

public may obtain the call-in number 

and access code for the call from Ginger 

Potter, the Designated Federal Officer, 

whose contact information is listed 

under the FOR FURTHER INFORMATION

CONTACT section of this notice. Any 

member of the public interested in 


rmajette on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices 39959 

receiving a draft meeting agenda may 

contact Ginger Potter via any of the 

contact methods listed in the FOR

FURTHER INFORMATION CONTACT section 

below. 

Dated: July 31, 2009. 

Ginger Potter, 

Designated Federal Officer. 

[FR Doc. E9–19067 Filed 8–7–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8939–1] 

Notice of Revised Nationwide Waiver 

of Section 1605 (Buy American 

Requirement) of American Recovery 

and Reinvestment Act of 2009 (ARRA) 

Based on Public Interest for de 

minimis Incidental Components of 

Projects Financed Through the Clean 

or Drinking Water State Revolving 

Funds Using Assistance Provided 

Under ARRA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

nationwide waiver of the Buy American 

requirements of ARRA Section 1605 

under the authority of Section 

1605(b)(1) (public interest waiver) for de 

minimis incidental components of 

eligible water infrastructure projects 

funded by ARRA This action revises the 

terms under which incidental 

components qualify for coverage under 

the public interest de minimis waiver 

signed and effective on May 22, 2009, 

and permits the use of non-domestic 

iron, steel, and manufactured goods 

when they occur in de minimis 

incidental components of such projects 

funded by ARRA that may otherwise be 

prohibited under section 1605(a). 

DATES: Effective Date: July 24, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jordan Dorfman, Attorney-Advisor, 

Office of Wastewater Management, (202) 

564–0614, or Philip Metzger, Attorney 

Advisor, Office of Ground Water and 

Drinking Water, (202) 564–3776, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c), 

the EPA hereby provides notice that it 

is granting a nationwide waiver of the 

requirements of section 1605(a) of 

Public Law 111–5, Buy American 

requirements, based on the public 

interest authority of section 1605(b)(1), 

to allow the use of non-domestic iron, 

steel, and manufactured goods when 

they occur in de minimis incidental 

components of eligible projects for 

which a Clean or Drinking Water State 

Revolving Fund (SRF) has concluded or 

will conclude an assistance agreement 

using ARRA funds where such 

components cumulatively comprise no 

more than a total of 5 percent of the 

total cost of the materials used in and 

incorporated into a project. 

Among the General Provisions of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA), Section 1605(a) 

requires that ‘‘all of the iron, steel, and 

manufactured goods used in’’ a public 

works project built with ARRA funds 

must be produced in the United States, 

unless the head of the respective 

Federal department or agency 

determines it necessary to waive this 

requirement based on findings set forth 

in Section 1605(b). In addition, 

expeditious construction of SRF projects 

is made a high priority by a provision 

in the ARRA Title VII appropriations 

heading for the SRFs, which states 

‘‘[t]hat the Administrator shall 

reallocate funds * * * where projects 

are not under contract or construction 

within 12 months of’’ ARRA enactment 

(February 17, 2010). The finding 

relevant to this waiver is that ‘‘applying 

[ARRA’s Buy American requirement] 

would be inconsistent with the public 

interest’’ (1605(b)(l)). 

EPA originally issued this waiver on 

May 22, 2009. This notice revises the 

terms under which that waiver may be 

applied, and, in accordance with the 

requirements of Section 1605(c) that all 

waivers granted must include a 

‘‘detailed written justification’’, adds 

new information and repeats relevant 

information that continues to justify this 

revised waiver. 

In implementing ARRA section 1605, 

EPA must ensure that the section’s 

requirements are applied consistent 

with congressional intent in adopting 

this section and in the broader context 

of the purposes, objectives, and other 

provisions of ARRA applicable to 

projects funded under the Clean 

Drinking Water State Revolving Funds 

(SRF), particularly considering the 

SRFs’ 12 month ‘‘contract or 

construction’’ requirement. Further, in 

the context of ARRA’s SRF ‘‘contract or 

construction’’ deadline, Congress’ 

overarching directive to 

[t]he President and the heads of Federal 

departments and agencies [is that they] shall 

manage and expend the funds made 

available in this Act so as to achieve the 

purposes [of this Act], including commencing 

expenditures and activities as quickly as 

possible consistent with prudent 

management. [ARRA Section 3(b)] 

Water infrastructure projects typically 

contain a relatively small number of 

high-cost components incorporated into 

the project that are iron, steel, and 

manufactured goods, such as pipe, 

tanks, pumps, motors, instrumentation 

and control equipment, treatment 

process equipment, and relevant 

materials to build structures for such 

facilities as treatment plants, pumping 

stations, pipe networks, etc. In bid 

solicitations for a project, these highcost components are generally described 

in detail via project specific technical 

specifications. For these major 

components, utility owners and their 

contractors are generally familiar with 

the conditions of availability, the 

potential alternatives for each detailed 

specification, the approximate cost, and 

the country of manufacture of the 

available components. 

Every water infrastructure project also 

involves the use of literally thousands of 

miscellaneous, generally low-cost 

components that are essential for, but 

incidental to, the construction and are 

incorporated into the physical structure 

of the project, such as nuts, bolts, other 

fasteners, tubing, gaskets, etc. For many 

of these incidental components, the 

country of manufacture and the 

availability of alternatives is not always 

readily or reasonably identifiable prior 

to procurement in the normal course of 

business; for other incidental 

components, the country of manufacture 

may be known but the miscellaneous 

character in conjunction with the low 

cost, individually and (in total) as 

typically procured in bulk, mark them 

as properly incidental. 

EPA undertook multiple inquiries to 

identify the approximate scope of these 

de minimis incidental components 

within water infrastructure projects. 

EPA consulted informally with many 

major associations representing 

equipment manufacturers and suppliers, 

construction contractors, consulting 

engineers, and water and wastewater 

utilities, and a contractor performed 

targeted interviews with several wellestablished water infrastructure 

contractors and firms who work in a 

variety of project sizes, and regional and 

demographic settings. The contractor 

asked the following questions: 

—What percentage of total project costs 

were consumables or incidental costs? 

—What percentage of materials costs 

were consumables or incidental costs? 

—Did these percentages vary by type of 

project (drinking water vs. wastewater 

treatment plant vs. pipe)? 

The responses were consistent across 

the variety of settings and project types, 

and indicated that the percentage of 


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