40816 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 

2009. We have received several requests 

to extend the comment period. We are 

extending the comment period to 

September 14, 2009. 

DATES: Comments must be received by 

September 14, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2009–0032, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO (Attn: Ms. Desiree 

Hann), 441 G Street, NW., Washington, 

DC 20314–1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

We will not accept e-mailed or faxed 

comments. We will post all comments 

on http://www.regulations.gov under 

docket number COE–2009–0032. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Desiree Hann or Mr. David Olson, 

Headquarters, Operations and 

Regulatory Community of Practice, 

Washington, DC. Ms. Hann can be 

reached at 202–761–4560 and Mr. Olson 

can be reached at 202–761–4922. 

SUPPLEMENTARY INFORMATION: In the July 

15, 2009, issue of the Federal Register 

(74 FR 34311) the U.S. Army Corps of 

Engineers published a proposal to take 

two actions concerning Nationwide 

Permit 21, which authorizes discharges 

of dredged or fill material into waters of 

the United States for surface coal 

mining activities. 

First, the Corps proposes to modify 

NWP 21 to prohibit its use to authorize 

discharges of dredged or fill material 

into waters of the United States for 

surface coal mining activities in the 

Appalachian region of the following 

states: Kentucky, Ohio, Pennsylvania, 

Tennessee, Virginia, and West Virginia 

until it expires on March 18, 2012. The 

proposed modification would enhance 

environmental protection of aquatic 

resources by requiring surface coal 

mining projects in the affected region to 

obtain individual permit coverage under 

the Clean Water Act, which includes 

increased public and agency 

involvement in the permit review 

process, including an opportunity for 

public comment on individual projects. 

Second, the Corps is proposing to 

suspend NWP 21 to provide an interim 

means of requiring individual permit 

reviews in Appalachia, while proposing 

to undertake the longer-term measure of 

modifying NWP 21 to prohibit its use to 

authorize discharges of dredged or fill 

material into waters of the United States 

associated with surface coal mining 

activities in the Appalachian region of 

these six States. The Corps is also 

proposing to suspend NWP 21 to 

provide immediate environmental 

protection while it evaluates the 

comments received in response to the 

proposal to modify NWP 21. 

The application of NWP 21 to surface 

coal mining activities in the rest of the 

United States would not be affected by 

this proposed modification or the 

proposed suspension. 

Several entities have requested an 

extension of the comment period for the 

proposed rule. We have determined that 

a 30-day extension of the comment 

period for this proposed rule is 

warranted. Therefore, the comment 

period for these proposed actions is 

extended until September 14, 2009. 

Dated: August 10, 2009. Approved By: 

Jonathan A. Davis, 

Deputy Chief, Operations, Directorate of Civil 

Works. 

[FR Doc. E9–19446 Filed 8–12–09; 8:45 am] 

BILLING CODE 3710–92–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8945–5] 

Cross-Media Electronic Reporting Rule 

State Authorized Program Revision/ 

Modification Approvals: State of 

Washington 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

approval, under regulations for CrossMedia Electronic Reporting, of the State 

of Washington’s request to revise/ 

modify programs to allow electronic 

reporting for certain of their EPAauthorized programs under title 40 of 

the CFR. 

DATES: EPA’s approval is effective on 

August 13, 2009. 

FOR FURTHER INFORMATION CONTACT: Evi 

Huffer, U.S. Environmental Protection 

Agency, Office of Environmental 

Information, Mail Stop 2823T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, (202) 566–1697, 

huffer.evi@epa.gov, or David Schwarz, 

U.S. Environmental Protection Agency, 

Office of Environmental Information, 

Mail Stop 2823T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

(202) 566–1704, 

schwarz.david@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2005, the final Cross-Media 

Electronic Reporting Rule (CROMERR) 

was published in the Federal Register 

(70 FR 59848) and codified as part 3 of 

title 40 of the CFR. CROMERR 

establishes electronic reporting as an 

acceptable regulatory alternative to 

paper reporting and establishes 

requirements to assure that electronic 

documents are as legally dependable as 

their paper counterparts. Subpart D of 

CROMERR, requires that State, tribal or 

local government agencies that receive, 

or wish to begin receiving, electronic 

reports under their EPA-authorized 

programs must apply to EPA for a 

revision or modification of those 

programs and get EPA approval. Subpart 

D provides standards for such approvals 

based on consideration of the electronic 

document receiving systems that the 

state, tribe, or local government will use 

to implement the electronic reporting. 

Additionally, in § 3.1000(b) through (e) 

of 40 CFR part 3, subpart D provides 

special procedures for program 

revisions and modifications to allow 

electronic reporting, to be used at the 

option of the state, tribe or local 

government in place of procedures 

available under existing programspecific authorization regulations. An 

application submitted under the subpart 

D procedures must show that the State, 

tribe or local government has sufficient 

legal authority to implement the 

electronic reporting components of its 

authorized programs covered by the 

application and will use electronic 

document receiving systems that meet 

the applicable subpart D requirements. 

On October 10, 2008, the State of 

Washington Department of Ecology 

(WAECY) submitted an application for 

its enterprise-wide electronic document 

receiving system for revision or 

modification of multiple EPAauthorized programs under title 40 CFR. 

EPA reviewed WAECY’s request to 

revise/modify their EPA-authorized 

programs and, based on this review, 

EPA determined the application met the 

standards for approval of authorized 

program revisions/modifications set out 

in 40 CFR part 3, subpart D. In 

accordance with 40 CFR 3.1000(d), this 

notice of EPA’s decision to approve 

Washington’s request for revision/ 

modification to certain of their 

authorized programs is being published 

in the Federal Register. 

Specifically, EPA has approved 

WAECY’s request for revisions/ 

modifications to the following of their 

authorized programs to allow electronic 

reporting under 40 CFR parts 51, 60–63, 

70, 122–124, 144–147, and 280: 

• Part 52—Approval and 

Promulgation of Implementation Plans; 


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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 


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