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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 inwhole, 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


### 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