Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 30829 

WWTPs 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, the CVPSD 

determined MBR to be the most 

environmentally sound and cost 

effective solution. The MBR is an 

advanced 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, the CVPSD 

has already incorporated specific 

technical design requirements for 

installation of membrane filter cassettes 

with the MBR treatment process at their 

WWTPs, including specific tankage 

footprint, geometry and configuration. 

To require CVPSD to redesign its project 

would cause an unacceptable delay to 

the initiation of construction. 

The CVPSD 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. Four 

companies were considered for the 

membrane filtration cassettes, none 

based in the United States. The CVPSD 

has performed market research but was 

unsuccessful in its effort to locate any 

domestic manufacturers of membrane 

filtration cassettes for WWTPs. 

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.’’ The CVPSD has 

incorporated specific technical design 

requirements for installation of 

membrane filtration cassettes at its 

WWTPs. 

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 the CVPSD, 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 3, 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 the 

CVPSD’s technical specification. EPA’s 

national contractor prepared a technical 

assessment report dated January 9, 2010 

based on the waiver request submitted. 

This report included a detailed review 

intended to enable EPA to determine if 

any company could be considered to 

substantially transform these cassettes 

in the United States. However, sufficient 

information was not available or made 

available to establish either performance 

characteristics for any potential 

alternative product, or the substantial 

transformation of any such product in 

the United States. Accordingly, 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 the CVPSD 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 the CVPSD’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 Canaan Valley 

Public Service District is hereby granted 

a waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5 for the purchase of 

four membrane filtration cassettes using 

ARRA funds as specified in the 

CVPSD’s request of December 16, 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. 

Dated: May 17, 2010. 

W. C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–13225 Filed 6–1–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0325; FRL–8824–2] 

Antimicrobial Pesticide Products; 

Registration Applications 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces receipt 

of an application to register new 

antimicrobial pesticide products 

containing new active ingredients, 

pursuant to the provisions of section 

3(c) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended. EPA is publishing 

this Notice of such applications, 

pursuant to section 3(c)(4) of FIFRA. 

DATES: Comments must be received on 

or before July 2, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ– OPP–2010–0325, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 


sroberts on DSKD5P82C1PROD with NOTICES
30830 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2010– 

0325. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. 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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Demson Fuller, Antimicrobials Division 

(7510P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8062; e-mail address: 

fuller.demson@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, mark the outside of the 

disk or CD-ROM as CBI and then 

identify electronically within the disk or 

CD-ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Registration Applications 

EPA has received an application to 

register a pesticide product containing 

active ingredients not included in any 

previously registered pesticide 

products. Pursuant to the provisions of 

section 3(c)(4) of FIFRA, EPA is hereby 

providing notice of receipt and 

opportunity to comment on this 

application. Notice of receipt of this 

application does not imply a decision 

by the Agency on this application. 

Registration Number/File Symbol: 

85249–R. Docket Number: EPA–HQ– 

OPP–2010–0325. Company name and 

address: NanoSilva, LLC, 2811 NE 14th 

Street, Ocala, FL 34470. Active 

ingredient: Nanosilver. Proposed Use(s): 

Antimicrobial and preservative additive 

used to treat fibers, plastics, polymers, 

latex products and ceramics. Contact: 

Demson Fuller, (703) 308–8062; 

fuller.demson@epa.gov. 

List of Subjects 

Environmental protection, 

Antimicrobial pesticides and pest. 

Dated: May 21, 2010. 

Joan Harrigan-Farrelly, 

Director, Antimicrobials Division, Office of 

Pesticide Programs. 

[FR Doc. 2010–13183 Filed 6–1–10; 8:45 am] 

BILLING CODE 6560–50–S 


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