45202 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 

Pesticide Tolerance Requested for Revocation CFR Citation 

Methomyl Hop, dried cones 40 CFR 180.253 

Naled Cucumber 

Lettuce 

Tomato 

Pumpkin 

Squash, winter 

Turnip, tops 

40 CFR 180.215 

Phorate Coffee, bean, green 40 CFR 180.206 

Terbufos Coffee, bean, green 40 CFR 180.352 

Dichlorvos Tomato 40 CFR 180.235 

ABC also asserts that should EPA 

believe that tolerances for import 

purposes are necessary, it must consult 

with the U.S. Fish and Wildlife Service 

to retain the tolerances listed above to 

‘‘identify where unintentional take 

reasonably attributable to agency actions 

is having, or is likely to have, a 

measurable negative effect on migratory 

bird populations...’’ and ‘‘develop and 

use principles, standards and practices 

that will lessen the amount of 

unintentional take...’’ 

List of Subjects 

Environmental protection, Pesticides 

and pest. 

Dated: August 24, 2009. 

Peter Caulkins, 

Acting Director, Special Review and 

Reregistration Division, Office of Pesticide 

Programs. 

[FR Doc. E9–21124 Filed 8–31–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL –8951–6] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Town of Cape Charles, VA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Acting Regional 

Administrator of EPA Region III is 

hereby granting a project 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 Town of Cape Charles for the 

purchase of membrane filtrations 

cassettes, which are an integral 

component of the Membrane Bioreactor 

(MBR) wastewater treatment process, at 

its Wastewater Treatment Plant 

(WWTP). Cape Charles indicates that 

the MBR treatment process is necessary 

to achieve the wastewater treatment 

levels required by the National Pollutant 

Discharge Elimination System (NPDES) 

permits issued for this WWTP. The 

membrane filtration equipment under 

consideration is manufactured by a 

company located in Canada and no 

United States manufacturer produces an 

alternative that meets Cape Charles’s 

technical specifications. 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 the 

specific project circumstances. The 

Acting Regional Administrator is 

making this determination based on the 

review and recommendations of the 

EPA Region III, Water Protection 

Division, Office of Infrastructure and 

Assistance. Cape Charles has provided 

sufficient documentation to support its 

request. 

The Assistant Administrator of the 

EPA’s 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 membrane 

filtration cassettes for the proposed 

project being implemented by Cape 

Charles. 

DATES: Effective Date: August 19, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Robert Chominski, Deputy Associate 

Director, (215) 814–2162, or David 

McAdams, Environmental Engineer, 

(215) 814–5764, Office of Infrastructure 

& Assistance (OIA), Water Protection 

Division, U.S. EPA Region III, 1650 

Arch Street, Philadelphia, PA 19103– 

2029. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c), 

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 Town of Cape 

Charles for the acquisition of membrane 

filtration cassettes manufactured by GE 

Water and Process Technologies located 

in Canada. Cape Charles has been 

unable to find an American made 

membrane filtration cassette 

manufacturer to meet its specific 

wastewater requirements. 

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 are 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. 

Cape Charles’s waiver request is to 

allow the purchase of three membrane 

filtration cassettes for use in 

improvements to its existing WWTP. 

This project will upgrade its existing 

WWTP by adding a new MBR treatment 

process. The membrane filtration 

cassette is an integral component of the 

MBR treatment process because it 

separates the treated wastewater from 

the mixed liquor which comes from the 

biological reactors, before the treated 

wastewater is disinfected and 

discharged. After an engineering 

analysis of alternate treatment 

processes, Cape Charles determined 

MBR to be the most environmentally 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 45203 

sound and cost effective solution. The 

MBR is an advance waste water 

treatment process which is designed to 

meet the high quality effluent 

requirements of the waste load 

allocation under the NPDES permit. In 

addition, in anticipation of procuring 

the MBR system, Cape Charles has 

already incorporated specific technical 

design requirements for installation of 

membrane filter cassettes with the MBR 

treatment process at their WWTP, 

including specific tankage footprint, 

geometry and configuration. To require 

Cape Charles to redesign its project 

would cause an unacceptable delay to 

the initiation of construction. 

Cape Charles has provided 

information to the EPA demonstrating 

that there are no membrane filtration 

cassettes manufactured in the United 

States in sufficient and reasonable 

quantity and of a satisfactory quality to 

meet the required technical 

specification. Cape Charles surveyed 

forty membrane manufacturers as part of 

its market research to locate domestic 

manufacturers of membrane filtration 

cassettes for WWTPs. It was unable to 

locate any domestic manufacturers. 

Most were unacceptable because their 

membrane products were not designed 

for domestic wastewater treatment 

plants. The remaining manufacturers 

either manufacture membrane materials 

without providing a package system 

similar to the system specified or were 

foreign manufacturers. 

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’’, 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.’’ Cape Charles has 

incorporated specific technical design 

requirements for installation of 

membrane filtration cassettes at its 

WWTP. 

The purpose of the ARRA is to 

stimulate economic recovery in part by 

funding current infrastructure 

construction, not to delay projects that 

are ‘‘shovel ready’’ by requiring 

communities, such as Cape Charles, to 

revise their standards and 

specifications, institute a new bidding 

process, and potentially choose a more 

costly, less efficient project. The 

imposition of ARRA Buy American 

requirements on such projects otherwise 

eligible for State Revolving Fund 

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 a fundamental economic purpose 

of the ARRA, which is to create or retain 

jobs. 

Based on additional research 

conducted by EPA’s Office of 

Infrastructure and Assistance (OIA) in 

Region III, and to the best of the 

Region’s knowledge at the time of 

review, there do not appear to be other 

membrane filtration cassettes 

manufactured domestically that would 

meet Cape Charles’s technical 

specification. EPA’s national contractor 

prepared a technical assessment report 

dated July 13, 2009 based on the waiver 

request submitted. The report 

determined that the waiver request 

submittal was complete, that adequate 

technical information was provided, 

and that there were no significant 

weaknesses in the justification 

provided. The report confirmed the 

waiver applicant’s claim that there are 

no American-made membrane filtration 

cassettes for use in MBRs in WWTPs. 

The OIA has reviewed this waiver 

request and to the best of our knowledge 

at the time of review has determined 

that the supporting documentation 

provided by Cape Charles is sufficient to 

meet the 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 Cape Charles’s 

technical specifications, a waiver from 

the Buy American requirement is 

justified. 

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 Town of Cape 

Charles is hereby granted a waiver from 

the Buy American requirements of 

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

the purchase of three membrane 

filtration cassettes using ARRA funds as 

specified in Cape Charles’s request of 

July 8, 2009. 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. 

Issued on: August 19, 2009. 

William C. Early, 

Acting Regional Administrator, U.S. 

Environmental Protection Agency, Region III. 

[FR Doc. E9–21123 Filed 8–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket# EPA–RO4–SFUND–2009–0643, 

FRL–8951–8] 

Vertut Blending and Packaging 

Superfund Site, Memphis, Shelby 

County, TN; Notice of settlement 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of settlement. 

SUMMARY: Under Section 122(h)(1) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), the United States 

Environmental Protection Agency has 

entered into a settlement for 

reimbursement of past response costs 

concerning the Vertut Blending and 

Packaging Superfund Site located in 

Memphis, Shelby County, Tennessee for 

publication. 

DATES: The Agency will consider public 

comments on the settlement until 

October 1, 2009. The Agency will 

consider all comments received and 

may modify or withdraw its consent to 

the settlement if comments received 

disclose facts or considerations which 

indicate that the settlement is 

inappropriate, improper, or inadequate. 

ADDRESSES: Copies of the settlement are 

available from Ms. Paula V. Painter. 

Submit your comments, identified by 

Docket ID No. EPA–RO4–SFUND–2009– 

0643 or Site name Vertut Blending and 

Packaging Superfund Site by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• http://www.epa.gov/region4/waste/ 

sf/enforce.htm. 

• E-mail: Painter.Paula@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Paula V. Painter at 404/562–8887. 

mstockstill on DSKH9S0YB1PROD with NOTICES