Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 67967 

incorporated specific technical design 

requirements for installation of crane 

rail at its WWTP. Therefore, it meets the 

requirements of the ‘‘satisfactory 

quality’’ criterion for requesting a waiver 

from the Buy American provisions of 

Public Law 111–5. 

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 utilities, 

such as Taos, 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. 

The Region 6 Water Quality 

Protection Division has reviewed this 

waiver request, and has determined that 

the supporting documentation provided 

by Taos is sufficient to meet the criteria 

listed under ARRA, Section 1605(b), 

Office of Management and Budget 

(OMB) regulations at 2 CFR 176.60– 

176.170, and in the April 28, 2009 

memorandum, ‘‘Implementation of Buy 

American provisions of Public Law 

111–5, the American Recovery and 

Reinvestment Act of 2009. The basis for 

this project waiver is the authorization 

provided in ARRA, 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 Taos’ technical 

specifications, a waiver from the Buy 

American requirement is justified. 

EPA headquarters’ 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, 

Taos is hereby granted a waiver from the 

Buy American requirements of ARRA, 

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

the purchase of ‘‘40 lb/yd crane railing’’ 

using ARRA funds, as specified in Taos’ 

request. This supplementary 

information constitutes the detailed 

written justification required by ARRA, 

Section 1605(c), for waivers ‘‘based on a 

finding under subsection (b).’’ 

Authority: Pub. L. 111–5, section 1605. 

Dated: October 18, 2010. 

Al Armendariz, 

Regional Administrator, U.S. Environmental 

Protection Agency, Region 6. 

[FR Doc. 2010–27879 Filed 11–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9221–3] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

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 WildEarth Guardians in the United 

States District Court for the District of 

Colorado: WildEarth Guardians v. 

Jackson, No. 10–cv–01218–REB–BNB 

(D. CO.). On May 26, 2010, Plaintiff 

filed a complaint alleging that EPA 

failed to perform a mandatory duty 

under section 110(k)(2) of the CAA, 42 

U.S.C. 7410(k)(2) to take action on two 

State Implementation Plan (‘‘SIP’’) 

submissions from the State of Utah with 

the time frame required. The proposed 

consent decree establishes deadlines for 

EPA to take action. 

DATES: Written comments on the 

proposed consent decree must be 

received by December 6, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–0901, 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 

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: Sara 

Laumann, Air and Radiation Law Office 

(2344A), Office of General Counsel, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone: (303) 312–6443; 

fax number (202) 564–5603; e-mail 

address: laumann.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a lawsuit seeking to compel 

action by the Administrator to take final 

action under section 110(k) of the CAA 

on the Utah SIP submissions. The 

proposed consent decree requires EPA 

to sign for publication in the Federal 

Register no later than December 1, 2011, 

a final action in which it either 

approves in whole, approves in part and 

disapproves in part, or disapproves in 

whole, the State of Utah’s request to redesignate Salt Lake and Utah Counties 

and Ogden City to attainment for the 

National Ambient Air Quality Standard 

(‘‘NAAQS’’) for particulate matter having 

an aerodynamic diameter of a nominal 

10 micrometers (‘‘PM–10’’), along with 

Utah’s maintenance plan for Salt Lake 

and Utah Counties and Ogden City for 

the PM–10 NAAQS, that Utah submitted 

to EPA on September 2, 2005, and 

which EPA previously proposed to 

disapprove in whole on December 1, 

2009. 

The proposed consent decree also 

requires EPA to sign for publication in 

the Federal Register no later than April 

30, 2012, a notice of proposed action in 

which it proposes either to approve in 

whole, approve in part and disapprove 

in part, or disapprove in whole, the 

State of Utah’s Regional Haze SIP 

submission that Utah submitted to EPA 

on September 9, 2008. In addition, the 

proposed consent decree requires EPA 

to sign for publication in the Federal 

Register no later than October 31, 2012, 

a final action in which it either 

approves in whole, approves in part and 

disapproves in part, or disapproves in 

whole, the State of Utah’s Regional Haze 

SIP submission that Utah submitted to 

EPA on September 9, 2008. 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
67968 Federal Register / Vol. 75, No. 213 / Thursday, November 4, 2010 / Notices 

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–2010–0901) 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. 2010–27884 Filed 11–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket No. EPA–RO4–SFUND–2010–0892, 

FRL–9220–5] 

Arkwright Dump Site, Spartanburg, 

Spartanburg County, SC; 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 Arkwright Dump Site 

located in Spartanburg, Spartanburg 

County, South Carolina for publication. 

DATES: The Agency will consider public 

comments on the settlement until 

December 6, 2010. 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–2010– 

0892 or Site name Arkwright Dump 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. 

Dated: October 22, 2010. 

Anita L. Davis, 

Chief, Superfund Enforcement & Information 

Management Branch, Superfund Division. 

[FR Doc. 2010–27882 Filed 11–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL FINANCIAL INSTITUTIONS 

EXAMINATION COUNCIL 

[Docket No. AS10–9] 

Appraisal Subcommittee Notice of 

Meeting 

AGENCY: Appraisal Subcommittee of the 

Federal Financial Institutions 

Examination Council. 

ACTION: Notice of meeting. 

Description: In accordance with 

Section 1104(b) of Title XI of the 


jlentini on DSKJ8SOYB1PROD with NOTICES