Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 67719 

has determined that granting this waiver 

is appropriate because it avoids 

penalizing the City for the use of a nonU.S.-made good for which the City has 

sufficiently established that there were 

no U.S.-made alternatives. And, this 

determination takes into account the 

City’s due diligence and good faith 

effort to implement the requirements of 

section 1605. 

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(b) and (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. 

The purpose of this project in 

Windsor is to replace the existing 

Bluebird and Esposti Park wells that 

were shut down due to arsenic 

contamination and build-up of sediment 

on the casings. To solve this problem, 

Windsor is installing two new wells 

designed to provide adequate storage for 

times of drought or emergency. The 

current system draws water from the 

Russian River, but the Sonoma County 

Water Agency (SCWA) issued an order 

to reduce the in-stream flow 

requirements for the Russian River. This 

reduction of in-stream flow 

requirements will deplete the water 

production of the off-river wells during 

the peak summer demand. The new 

well system will help maximize water 

storage to meet demand during peak 

seasons. 

Per the specifications, the wells 

conductor casing and upper stem will 

be constructed of mild steel, while the 

well screening and lower stem will be 

constructed of stainless steel. For the 

two wells planned, 110 feet of 20-inch 

mild steel casing would be required. 

Analysis by EPA’s national contractor 

indicated that American-made 20-inch 

diameter mild steel casing was not 

available for the conductor casing (as 

previously anticipated). The only 

casings to meet the town’s dimensions 

and specifications are foreign made. 

The April 28, 2009 EPA memorandum 

for implementation of the ARRA Buy 

American provisions of Public Law 

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 

same Memorandum defines ‘‘satisfactory 

quality’’ as ‘‘the quality of steel, iron or 

manufactured good specified in the 

project plans and designs.’’ 

Windsor’s submittal articulates a 

reasonable and appropriate basis for the 

type of technology it chose for this 

project in environmental objectives and 

performance specifications. Further, it 

provides sufficient documentation that 

the relevant manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality to 

meet its technical specifications. 

Windsor has incorporated specific 

technical design specifications for the 

proposed project based on their needs 

and provided information to the EPA 

justifying the need for a 20-inch 

diameter mild steel casing. Windsor has 

also provided certification from its 

supplier indicating there are no 

products of comparable quality 

available from a domestic manufacturer 

to meet its specifications and satisfy 

project restrictions. Based on additional 

research conducted by the EPA’s Buy 

American consultant, there did not 

appear to be other domestically 

manufactured products available to 

meet Windsor’s specifications at the 

necessary delivery time. When the 

project was originally bid, the contractor 

was assured by pipe suppliers that 

domestically manufactured well casing 

material would be available for the 

project. However, as work progressed on 

the construction of the well, the 

applicant was informed by the 

contractor’s material supplier that 

domestically made well casing pipe 

would not be available from any 

domestic mills in time to deliver to the 

West Coast for installation. The only 

available material would be supplied 

from Korean manufacturers. 

EPA Region 9, 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 

Windsor 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, Windsor is hereby 

granted a waiver from the Buy American 

requirements of Sections 1605(a) of 

Public Law 111–5, for the purchase of 

the 20-inch mild steel casing, specified 

in Windsor’s request of March 31, 2010. 

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: August 13, 2010. 

Jared Blumenfeld, 

Regional Administrator, EPA Pacific 

Southwest Region. 

[FR Doc. 2010–27807 Filed 11–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9220–1] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Proposed Consent 

Decree; Request for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(CAA or the Act), 42 U.S.C. 7413(g), 

notice is hereby given of a proposed 

consent decree to address a lawsuit filed 

by Comite Civico Del Valle, Inc. in the 

United States District Court for the 

Northern District of California: Comite 

Civico Del Valle, Inc. v. Jackson, No. 

10–cv–02859–PJH (N.D. Cal.). Plaintiff 

filed a deadline suit to compel the 

Administrator to take final action under 

section 110(k) of the Act on Imperial 

County Air Pollution Control District 

(ICAPCD) Rules 201, 202 and 217 

submitted to the Environmental 

Protection Agency (EPA) on or about 

August 24, 2007 as revisions to the state 

implementation plan. The proposed 

consent decree establishes deadlines for 

EPA’s action on ICAPCD Rules 201, 202 

and 217. 

DATES: Written comments on the 

proposed consent decree must be 

received by December 3, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–0900, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; by mail to EPA 

Docket Center, Environmental 


jlentini on DSKJ8SOYB1PROD with NOTICES
67720 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; or by 

hand delivery or courier to EPA Docket 

Center, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC, between 8:30 a.m. and 4:30 p.m. 

Monday through Friday, excluding legal 

holidays. Comments on a disk or CD– 

ROM should be formatted in Word or 

ASCII file, avoiding the use of special 

characters and any form of encryption, 

and may be mailed to the mailing 

address above. 

FOR FURTHER INFORMATION CONTACT: 

Geoffrey Wilcox, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5601; fax number (202) 564–5603; 

e-mail address: wilcox.geoffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree requires 

EPA to sign for publication in the 

Federal Register no later than April 15, 

2011 a notice of the Agency’s final 

action on ICAPCD Rules 201 and 202 

pursuant to section 110(k) of the CAA. 

Rules 201 and 202 includes permitting 

requirements and exemptions within 

the Imperial Valley. The proposed 

consent decree also requires EPA to sign 

for publication in the Federal Register 

no later than September 15, 2011 a 

notice of the Agency’s final action on 

ICAPCD Rule 217 pursuant to section 

110(k) of the CAA. Rule 217 includes 

measures to control particulate matter 

emissions from large confined animal 

facilities within the Imperial Valley. 

This proposed consent decree would 

resolve a lawsuit seeking to compel 

action by the Administrator to take final 

action under section 110(k) of the Act 

on ICAPCD Rules 201, 202 and 217 

submitted to EPA as revisions to the 

state implementation plan. The 

proposed consent decree provides that 

EPA will sign for publication in the 

Federal Register notice of the Agency’s 

final action pursuant to CAA section 

110(k) on Rules 201, 202 and 217 by 

April 15, 2011 and September 13, 2011 

respectively. If EPA fulfills its 

obligations, Plaintiff has agreed to 

dismiss this suit with prejudice. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept written 

comments relating to the proposed 

consent decree from persons who were 

not named as parties or intervenors to 

the litigation in question. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

consent decree if the comments disclose 

facts or considerations that indicate that 

such consent is inappropriate, 

improper, inadequate, or inconsistent 

with the requirements of the Act. Unless 

EPA or the Department of Justice 

determines that consent to this consent 

decree should be withdrawn, the terms 

of the decree will be affirmed. 

II. Additional Information About 

Commenting on the Proposed Consent 

Decree 

A. How can I get a copy of the consent 

decree? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2010–0900) contains a 

copy of the proposed consent decree. 

The official public docket is available 

for public viewing at the Office of 

Environmental Information (OEI) Docket 

in the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OEI 

Docket is (202) 566–1752. 

An electronic version of the public 

docket is available through http:// 

www.regulations.gov. You may use 

http://www.regulations.gov to submit or 

view public comments, access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once in the 

system, key in the appropriate docket 

identification number then select 

‘‘search’’. 

It is important to note that EPA’s 

policy is that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing online at http:// 

www.regulations.gov without change, 

unless the comment contains 

copyrighted material, CBI, or other 

information whose disclosure is 

restricted by statute. Information 

claimed as CBI and other information 

whose disclosure is restricted by statute 

is not included in the official public 

docket or in the electronic public 

docket. EPA’s policy is that copyrighted 

material, including copyrighted material 

contained in a public comment, will not 

be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. Although not all docket 

materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the EPA Docket 

Center. 

B. How and to whom do I submit 

comments? 

You may submit comments as 

provided in the ADDRESSES section. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an e-mail 

address or other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. This 

ensures that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Use of the http://www.regulations.gov 

Web site to submit comments to EPA 

electronically is EPA’s preferred method 

for receiving comments. The electronic 

public docket system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, e-mail address, 

or other contact information unless you 

provide it in the body of your comment. 

In contrast to EPA’s electronic public 

docket, EPA’s electronic mail (e-mail) 

system is not an ‘‘anonymous access’’ 

system. If you send an e-mail comment 

directly to the Docket without going 

through http://www.regulations.gov, 

your e-mail address is automatically 

captured and included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

Dated: October 28, 2010. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. 2010–27767 Filed 11–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

FARM CREDIT ADMINISTRATION 

Farm Credit Administration Board; 

Sunshine Act; Regular Meeting 

AGENCY: Farm Credit Administration. 


jlentini on DSKJ8SOYB1PROD with NOTICES