Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 40817 

• Part 61—National Emission 

Standards For Hazardous Air Pollutants; 

• Part 62—Approval and 

Promulgation of State Plans for 

Designated Facilities and Pollutants; 

• Part 63—National Emission 

Standards For Hazardous Air Pollutants 

For Source Categories; 

• Part 70—State Operating Permit 

Programs; 

• Part 123—State Program 

Requirements (National Pollutant 

Discharge Elimination System Permit 

Program); 

• Part 147—State, Tribal, and EPAadministered Underground Injection 

Control Programs; and 

• Part 282—Approved Underground 

Storage Tank Programs. 

WAECY was notified of EPA’s 

determination to approve its application 

with respect to the authorized programs 

listed above in a letter dated August 6, 

2009. 

Dated: August 6, 2009. 

Lisa Schlosser, 

Director, Office of Information Collection. 

[FR Doc. E9–19463 Filed 8–12–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8945–4] 

Notice of a Regional Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the City of Ocean Shores (the City), 

Washington for the Purchase of Resin 

Beads (Miex® DOC Resin) 

Manufactured Outside of the United 

States Under the Section 1605 Waiver 

Authority Based on the Conclusion 

That 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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Acting Regional 

Administrator of EPA Region 10, is 

hereby granting a waiver of the Buy 

America 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 City for the purchase of resin 

beads (MIEX® DOC Resin) supplied by 

Orica Ltd, in Victoria, Australia and 

manufactured in Australia. The 

applicant indicates that MIEX® DOC 

Resin is necessary to the MIEX®

process, a treatment process evaluated 

in pilot studies and selected for 

implementation. While the majority of 

other equipment is manufactured in the 

U.S., the MIEX® DOC Resin is only 

manufactured in Australia. It is patented 

and no alternative exists which can be 

used with the MIEX® process. The 

Acting Regional Administrator is 

making this determination based on the 

review and recommendations of the 

Drinking Water Unit. The City has 

provided sufficient documentation to 

support their request. 

DATES: Effective Date: July 24, 2009. 

FOR FURTHER INFORMATION CONTACT: Rick 

Green, DWSRF Coordinator, Drinking 

Water Unit (DWU), Office of Water & 

Watersheds (OWW), (206) 553–8504, 

U.S. EPA Region 10 (OWW–136), 1200 

Sixth Avenue, Suite 900, Seattle, WA 

98101. 

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(b)(2) of 

Public Law 111–5, Buy American 

requirements, to the City for the 

acquisition of resin beads (MIEX® DOC 

Resin) supplied by Orica Ltd, in 

Victoria, Australia and manufactured in 

Australia. The applicant indicates that 

MIEX® DOC Resin is necessary to the 

MIEX® process, a treatment process 

evaluated in pilot studies at the City and 

selected for use. While the majority of 

other equipment is manufactured in the 

U.S., the MIEX® DOC Resin is only 

manufactured in Australia. It is patented 

and no alternative exists which can be 

used with the MIEX® process. 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 is 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 construction project being 

undertaken by the City is treatment of 

water from a shallow aquifer, which 

contains problematic levels of iron, 

manganese, hydrogen sulfide, ammonia, 

organic nitrogen, and organic carbon. 

Based on the results of pilot studies, the 

City chose to use a combination of 

greensand filtration and the MIEX®

process to treat this water supply. The 

community chose this treatment process 

over the alternatives of ultrafiltration or 

nanofiltration because the capital costs 

are significantly lower, the electrical 

consumption is significantly less, and 

there is much less water wasted during 

the treatment process. 

The City’s submission clearly 

articulates entirely reasonable reasons 

for choosing the type of technology that 

it chose for this project and has 

provided sufficient documentation that 

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 April 28, 2009 EPA HQ 

Memorandum, Implementation of Buy 

American provisions of Pubilc 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 City has 

incorporated specific technical design 

features for the proposed project based 

on pilot studies which demonstrated 

that the combination of greensand 

filtration and MIEX treatment is the best 

alternative. 

The City has provided information to 

the EPA representing that there are 

currently no resin beads manufactured 

in the United States that have the exact 

same product specifications in place. 

The City has also provided certification 

from its supplier representing that there 

are no beads of comparable quality 

available from a domestic manufacturer 

to meet its exact specifications. 

Based on additional research by EPA’s 

consulting contractor (Cadmus), and to 

the best of the Region’s knowledge at 

this time, there does not appear to be 

other resin beads available to meet the 

City’s specifications. 

Furthermore, the purpose of the 

ARRA provisions was to stimulate 

economic recovery by funding current 

infrastructure construction, not to delay 

projects that are already shovel ready by 

requiring entities, like the City, 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 


erowe on DSK5CLS3C1PROD with NOTICES
40818 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 

for DWSRF 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 the most 

fundamental economic purposes of 

ARRA; to create or retain jobs. 

The Drinking Water Unit (DWU) has 

reviewed this waiver request and has 

determined that the supporting 

documentation provided by the City is 

sufficient to meet the following criteria 

listed under Section 1605(b) and in the 

April 28, 2009, Implementation of Buy 

American provisions of Public Law 

111–5, the ‘‘American Recovery and 

Reinvestment Act of 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 basis for this project waiver is the 

authorization provided in 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 City’s design 

specifications. 

The 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 City is hereby granted a waiver from 

the Buy American requirements of 

Section 1605(a) of Public Law 111–5 for 

the purchase of resin beads (MIEX®

DOC Resin) supplied by Orica Ltd, in 

Victoria, Australia and manufactured in 

Australia as specified in the City’s 

request of June 26, 2009. This 

supplementary information constitutes 

the detailed written justification 

required by Section 1605(c) for waivers 

based on a finding under subsection (b). 

Authority: Pubic Law 111–5, section 1605. 

Issued on: July 28, 2009. 

Michelle Pirzadeh, 

Acting Regional Administrator, EPA, Region 

10. 

[FR Doc. E9–19465 Filed 8–12–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Notice of Agency Meeting 

Pursuant to the provisions of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b), notice is hereby given that 

at 9:03 a.m. on Tuesday, August 11, 

2009, the Board of Directors of the 

Federal Deposit Insurance Corporation 

met in closed session to consider 

matters related to the Corporation’s 

resolution activities. 

In calling the meeting, the Board 

determined, on motion of Director 

Thomas J. Curry (Appointive), seconded 

by Vice Chairman Martin J. Gruenberg, 

concurred in by Ms. Julie L. Williams, 

acting in the place and stead of Director 

John C. Dugan (Comptroller of the 

Currency), Director John E. Bowman 

(Acting Director, Office of Thrift 

Supervision), and Chairman Sheila C. 

Bair, that Corporation business required 

its consideration of the matters which 

were to be the subject of this meeting on 

less than seven days’ notice to the 

public; that no earlier notice of the 

meeting was practicable; that the public 

interest did not require consideration of 

the matters in a meeting open to public 

observation; and that the matters could 

be considered in a closed meeting by 

authority of subsections (c)(4), (c)(6), 

(c)(8), (c)(9)(A)(ii), and (c)(9)(B) of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b(c)(4), (c)(6), (c)(8), 

(c)(9)(A)(ii), and (c)(9)(B)). 

The meeting was held in the Board 

Room of the FDIC Building located at 

550–17th Street, NW., Washington, DC. 

Dated: August 11, 2009. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E9–19492 Filed 8–12–09; 8:45 am] 

BILLING CODE P 

GOVERNMENT ACCOUNTABILITY 

OFFICE 

System of Personnel Records 

AGENCY: Government Accountability 

Office. 

ACTION: Notice of Establishment of 

Human Capital Management System of 

Records. 

SUMMARY: The Government 

Accountability Office (GAO) proposes to 

establish a new system of personnel 

records under its privacy regulations, 

Privacy Procedures for Personnel 

Records. This Human Capital 

Management System of Records 

encompasses GAO payroll- and 

personnel-related information 

maintained by GAO and exchanged 

with the U.S. Department of 

Agriculture’s National Finance Center 

(USDA/NFC) and the U.S. Department 

of the Treasury’s HR Connect program 

(Treasury/HR Connect). To support its 

human capital management activities, 

GAO has entered into interagency 

agreements with these two Federal 

Executive Branch agencies as shared 

service providers. USDA/NFC provides 

payroll and personnel information 

processing (Department of Agriculture, 

Systems of Record Notice OP–1), and 

Treasury/HR Connect operates a human 

capital management support system 

(Department of Treasury .001—Treasury 

Payroll and Personnel System). The 

policies and procedures described in 

this notice are intended to ensure that 

personal information contained in 

GAO’s personnel records is protected as 

provided by GAO’s privacy regulation. 

DATES: Comments may be submitted on 

or before September 14, 2009. 

ADDRESSES: Comments should be sent 

to: Government Accountability Office, 

Privacy Office, Room 1127, 441 G St., 

NW., Washington, DC 20548, or by email to privacy@gao.gov. Please include 

reference to ‘‘Comment: Human Capital 

Management System of Records’’ at the 

top of a comment letter or in the subject 

line of an e-mail. 

FOR FURTHER INFORMATION CONTACT: For 

information about GAO human capital 

information management, contact the 

Chief Human Capital Officer, 

Government Accountability Office, 

Room 1157, 441 G St., NW., 

Washington, DC 20548; e-mail, 

HCOhelp@gao.gov. For information 

about GAO privacy protections, contact 

the Chief Agency Privacy Officer, 

Government Accountability Office, 

Room 1127, 441 G St., NW., 

Washington, DC 20548; e-mail, privacy

@gao.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

A. GAO. GAO is an independent, 

nonpartisan Legislative Branch agency 

that examines a wide range of 

government activities and provides 

analyses, recommendations, and other 

assistance to help Congress make sound 

oversight, policy, and funding 

decisions. As a Legislative Branch 

agency, GAO is not subject to the 

privacy and information security laws 

applicable to Executive Branch 

agencies, such as the Privacy Act of 

1974 (Privacy Act), Federal Information 

Security Management Act of 2002 

(FISMA), the E-Government Act of 2002 

(E-Government Act), and Office of 


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