15720 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices 

Environmental Issues 

This notice is to inform agencies and 

the public of Western’s and RUS’ 

Federal actions, and the proposed 

Project, and to solicit comments and 

suggestions for consideration in 

preparing the EIS. To help the public 

frame its comments, this notice contains 

a list of potential environmental issues 

that Western and RUS have tentatively 

identified for analysis. These issues 

include: 

1. Impacts on protected, threatened, 

endangered, or sensitive species of 

animals or plants; 

2. Impacts on avian and bat species; 

3. Impacts on land use, recreation, 

and transportation; 

4. Impacts on cultural or historic 

resources and tribal values; 

5. Impacts on human health and 

safety; 

6. Impacts on air, soil, and water 

resources (including air quality and 

surface water impacts); 

7. Visual impacts; and 

8. Socioeconomic impacts and 

disproportionately high and adverse 

impacts to minority and low-income 

populations. 

This list is not intended to be allinclusive or to imply any 

predetermination of impacts. 

Environmental issues associated with 

Western’s action, RUS’ action, and 

PraireWinds’ proposed Project will be 

addressed separately in the EIS. Western 

and RUS invite interested parties to 

suggest specific issues within these 

general categories, or other issues not 

included above, to be considered in the 

EIS. 

Public Participation 

Public participation and full 

disclosure are planned for the entire EIS 

process. The EIS process will include 

public scoping open house meetings 

and a scoping comment period to solicit 

comments from interested parties; 

consultation and involvement with 

appropriate Federal, State, local, and 

tribal governmental agencies; public 

review and a hearing on the draft EIS; 

publication of a final EIS; and 

publication of separate Records of 

Decision by Western and RUS, currently 

anticipated in 2010. Additional informal 

public meetings may be held in the 

proposed Project areas, if public interest 

and issues indicate a need. 

The public scoping period begins 

with publication of this notice in the 

Federal Register and closes May 15, 

2009. The purpose of the scoping 

meetings is to provide information 

about Western’s Federal action, RUS’s 

Federal action, and the proposed 

Project, display maps, answer questions, 

and take written comments from 

interested parties. 

Western and RUS will hold open 

house public scoping meetings in 

Plankinton, South Dakota and Winner, 

South Dakota as noted above. Attendees 

are welcome to come and go at their 

convenience and to speak one-on-one 

with Project representatives and agency 

staff. The public will have the 

opportunity to provide written 

comments at the meeting. In addition, 

attendees may provide written 

comments by letter, fax, e-mail, or 

through the project’s Web address. 

To be considered in defining the 

scope of the EIS, comments should be 

received by the end of the scoping 

period. Anonymous comments will not 

be accepted. 

Dated: March 30, 2009. 

Timothy J. Meeks, 

Administrator. 

Dated: March 26, 2009. 

Mark S. Plank, 

Director, Engineering and Environmental 

Staff, Rural Utilities Service. 

[FR Doc. E9–7813 Filed 4–6–09; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8789–8; EPA–HQ–OEI–2007–1152] 

Amendment to the Toxic Substances 

Control Act Confidential Business 

Information Records Access System, 

EPA–20 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: Pursuant to the provisions of 

the Privacy Act of 1974 (5 U.S.C. 552a), 

the Office of Pollution Prevention and 

Toxics is giving notice that it proposes 

to amend the ‘‘Toxic Substance Control 

Act Confidential Business Information 

Records Access System’’ to 

‘‘Confidential Business Information 

Tracking System (CBITS)’’ to correct the 

official name of the system of record 

notice (SORN), system location and 

system manager. 

DATES: Persons wishing to comment on 

this system of records notice must do so 

by May 18, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

2007–1152, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: oei.docket@epa.gov 

• Fax: 202–566–1752. 

• Mail: OEI Docket, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: OEI Docket, EPA/ 

DC, EPA West Building, Room B102, 

1301 Constitution Ave., NW., 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OEI–2007– 

1152. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online 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 

for which disclosure is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov. The http:// 

www.regulations.gov Web site 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 http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

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

information for which disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices 15721 

electronically in http:// 

www.regulations.gov or in hard copy at 

the OEI Docket, EPA/DC, EPA West 

Building, Room B102, 1301 Constitution 

Ave., NW., Washington, DC. The 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. 

FOR FURTHER INFORMATION CONTACT: 

Tony Cheatham, 202–564–8594. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

The ‘‘Confidential Business 

Information Tracking System (CBITS)’’ 

tracks documents received by the 

Environmental Protection Agency 

(EPA), Office of Pollution Prevention 

and Toxics (OPPT) as well as all 

information pertaining to the EPA, the 

contractors, and other government staff 

members that request access to Toxic 

Substances Control Act (TSCA) 

Confidential Business Information (CBI). 

CBITS has a major security module that 

tracks information on federal and 

contractor personnel, contractors, and 

other government staff members that 

have been granted approval to access 

TSCA CBI. The security module also 

tracks EPA OPPT contracts, contracting 

companies, and other off-site classified 

CBI locations. The system functionality 

allows an approved OPPT staff member 

or CBITS data base administrator (DBA) 

to create and modify profiles on federal 

and contractor personnel and contractor 

site information. Access to CBITS is 

limited to federal and contractor 

personnel responsible for the systems 

operations and management. 

In 1986, CBITS was developed to 

process and track TSCA CBI data and 

users approved to access CBI data. The 

security module was created to validate 

the user TSCA CBI security clearance in 

connection with reviewing CBI 

materials. The security module 

contained vital information such as 

name, social security number (SSN), 

company/contractor identification, 

contractor site, and agency information 

that was required from the TSCA CBI 

Access Request, Agreement, and 

Approval Form, EPA Form 7740–6 (Rev. 

10–03) and TSCA CBI ADP Registration 

Form, EPA Form 7740–25 (10–92). The 

SSN was a required data field in the 

system linked to user access of TSCA 

CBI and user profile reports. In October 

2003, the EPA Form 7740–6 was revised 

to require the user to provide a 9 digit 

number replacing the SSN. Staff records 

prior to the revision contain the SSN for 

active and historical records. 

CBITS is maintained in a secured 

storage facility at EPA Headquarters by 

OPPT in Washington, DC where only 

authorized and TSCA CBI cleared 

personnel, EPA staff or contractor’s that 

have rights to manage the system or 

have access are allowed. User profiles 

can only be accessed by the CBITS DBA 

and authorized system users that 

maintain the security module and 

personnel data. The process of accessing 

CBITS information is compliant with 

TSCA Security procedures, FISCAM 3.2 

and NIST 800–18. All precautions and 

guidelines are met so that the 

confidentiality of the data is not 

compromised. 

Dated: March 23, 2009. 

Linda A. Travers, 

Acting Assistant Administrator and Chief 

Information Officer. 

EPA–20 

SYSTEM NAME: 

Confidential Business Information 

Tracking System. 

SYSTEM LOCATION: 

Office of Pollution Prevention and 

Toxics, Information Management 

Division, Environmental Protection 

Agency, EPA East Building, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

EPA and other Federal agency 

employees and Office of Pollution 

Prevention and Toxics contractor 

employees who are or have ever been 

authorized for access to Toxic 

Substances Control Act Confidential 

Business Information (TSCA CBI). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system contains basic 

identification information such as name, 

EPA identification card number, date 

and place of birth, office of contractor 

for which the individual works and 

telephone number. In addition, the 

system contains information pertinent 

to TSCA CBI access such as security 

briefing date, date added to system, date 

deleted from system and type of access 

authorized. The system no longer 

collects SSNs but maintains those 

previously collected. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM

(INCLUDES ANY REVISIONS OR AMENDMENTS): 

Toxic Substances Control Act, 15 

U.S.C. 2601 et seq. 

PURPOSE(S): 

To maintain a record of those persons 

cleared for access to TSCA CBI and to 

maintain the security of TSCA CBI. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS, AND

THE PURPOSES OF SUCH USES: 

General routine uses A, B, C, D, E, F, 

G, H, K, and L apply to this system. 

Records may also be disclosed: 

1. To other Federal agencies when 

they possess TSCA CBI and need to 

verify clearance of EPA. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Current records are maintained in a 

computer database. Some older records 

are maintained in hard copy files. 

RETRIEVABILITY: 

From the computer database by 

addressing any type of data contained in 

the database, including name. From 

alphabetized hard copy files by name. 

SAFEGUARDS: 

Computer records are maintained in a 

secure, password protected computer 

system. Paper records are maintained in 

safes. All records are maintained in 

secure, access-controlled areas or 

buildings. 

RETENTION AND DISPOSAL: 

Information in this system is 

maintained and updated for so long as 

individuals identified in the system are 

authorized for access to TSCA CBI. EPA 

Records Schedule 624, Title: 

Confidential Business Information 

Access, NARA Disposal Authority: N1– 

412–03–20 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Information Management 

Division, Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, EPA East Building, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. 

NOTIFICATION PROCEDURES: 

Any individual who wants to know 

whether this system of record contains 

a record about him or her, who wants 

access to his or her record, or who 

wants to contest the contents of a 

record, should make a written request to 

the Freedom of Information Office, 

ATTENTION: Privacy Act Officer. 

ACCESS PROCEDURE: 

Requesters will be required to provide 

adequate identification, such as a 

driver’s license, employee identification 

card, or other identifying document. 

15722 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices 

Additional identification procedures 

may be required in some instances. 

CONTESTING PROCEDURE: 

Requests for correction or amendment 

must identify the record to be changed 

and the corrective action sought. 

Complete EPA Privacy Act procedures 

are set out in 40 CFR Part 16. 

RECORD SOURCE CATEGORIES: 

Record subjects provide identification 

information. EPA personnel add 

information about dates and type of 

access authorized. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS

OF THE PRIVACY ACT: 

None. 

[FR Doc. E9–7818 Filed 4–6–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8789–9] 

Notice of Nationwide Waiver of Section 

1605 (Buy American Requirement) of 

American Recovery and Reinvestment 

Act of 2009 (ARRA) for Projects With 

Debt Incurred on or After October 1, 

2008 and Before February 17, 2009 

That Are Refinanced Through the 

Clean or Drinking Water State 

Revolving Funds Using Assistance 

Provided Under ARRA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

nationwide waiver of the Buy American 

requirements of ARRA Section 1605 

under the authority of Section 

1605(b)(1) (public interest waiver) for 

eligible projects for which debt was 

incurred on or after October 1, 2008 and 

before February 17, 2009, the date of 

enactment of ARRA. This action permits 

the use of non-domestic iron, steel, and 

manufactured goods in such projects 

funded by ARRA that may otherwise be 

prohibited under section 1605(a). 

DATES: Effective Date: April 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Dougherty, Director, Office of 

Ground Water and Drinking Water, 

(202) 564–3750 or Jim Hanlon, Director, 

Office of Wastewater Management, (202) 

564–0748, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c), 

the EPA hereby provides notice that it 

is granting a nationwide waiver of the 

requirements of section 1605(a) of 

Public Law 111–5, Buy American 

requirements, for eligible projects for 

which a Clean or Drinking Water State 

Revolving Fund (SRF) has concluded or 

will conclude an assistance agreement 

using ARRA funds to refinance a debt 

incurred on or after October 1, 2008, 

and before February 17, 2009. 

The basis for the nationwide waiver is 

the authorization in the SRF 

appropriations heading of ARRA for 

refinancing using ARRA funds of certain 

debt obligations, as follows: 

That notwithstanding section 603(d)(2) of 

the Federal Water Pollution Control Act and 

section 1452(f)(2) of the Safe Drinking Water 

Act, funds may be used to buy, refinance or 

restructure the debt obligations of eligible 

recipients only where such debt was incurred 

on or after October 1, 2008. 

In the ordinary course of SRF 

business, refinancing of any existing 

debt obligations of assistance recipients 

eligible for refinancing is an allowable 

type of assistance under the sections 

referenced in the ARRA provision 

above, largely irrespective of when the 

debt was incurred. As the purpose of the 

SRF provisions of ARRA was to 

stimulate economic recovery by funding 

current infrastructure construction, the 

purpose of this ARRA provision was not 

to provide more advantageous financing 

for any projects whose construction had 

substantially already occurred. Rather, 

with the House of Representatives’ 

passage of H.R. 7110 in late September 

2008 giving notice of Congress’ strong 

interest in economic recovery 

legislation, this refinancing provision 

was intended to include within the 

favorable financing terms of ARRA, 

eligible projects undertaken after that 

time (and within the Fiscal Year 2009 

timeframe of ARRA as a supplemental 

appropriation) in anticipation of ARRA. 

Moreover, as the debate on the 

legislation that ultimately became 

ARRA continued through November 

and December, 2008 into January and 

February, 2009, States and utilities 

increasingly reported that action on 

eligible projects that State SRFs wished 

to support and for which there was 

available funding under the base SRF 

program were being deferred, in the 

hope of obtaining more advantageous 

financing terms from the ARRA 

appropriation. In part because this 

deferral of financing and construction 

for genuinely ‘‘shovel ready’’ projects 

was in direct conflict with the most 

fundamental economic recovery 

purposes of ARRA, Congress adopted 

this refinancing provision to enable 

eligible projects which began creating 

jobs after October 1, 2008, to receive 

ARRA funding to recognize and support 

those projects’ contribution to economic 

recovery. This is confirmed in the 

declaration of the Joint Explanatory 

Statement of the Conference (H. Rpt. 

111–16, at 444) that ‘‘[t]o ensure that 

funds are used to create jobs, the bill 

also limits the use of the revolving 

funds to buy, refinance, or restructure 

debt incurred prior to October 1, 2008.’’ 

The proponents of projects that fall 

within the scope of this SRF refinancing 

provision for ARRA had, in order to 

obtain the initial financing, specified 

designs which may include elements 

which have limited or often no domestic 

availability, many may have solicited 

bids from prospective contractors, and 

some subsequently awarded 

construction contracts, and in some 

cases began construction, prior to the 

February 17, 2009, enactment of ARRA. 

All of these actions were in fulfillment 

of Congress’ intention in passing ARRA 

and in particular, adopting this SRF 

refinancing provision, to create jobs and 

spur economic recovery ‘‘by 

commencing activities and expenditures 

as expeditiously as possible.’’ (See 

ARRA Section 3.) 

Moreover, in all cases of initial 

financing prior to February 17, the 

project proponents were proceeding in 

good faith and without fair notice as to 

the existence and statutory scope of any 

Buy American requirement. 

The imposition of ARRA’s Buy 

American requirements on projects 

eligible for SRF assistance whose 

assistance applicants had already 

obtained financing on or after October 1, 

2008 and prior to February 17, 2009, the 

date on which those requirements were 

imposed, would in all cases entail timeconsuming delay and thus displace the 

‘‘shovel ready’’ status of these projects. 

This would frustrate Congress’ specific 

and explicit intent to allow for the use 

of ARRA funds to refinance those 

projects through the SRFs, as well as for 

expeditious construction generally. 

ARRA Section 1605(b)(1) authorized the 

Administrator to waive the 

requirements of Section 1605(a) in any 

case or category of cases in which she 

finds that applying subsection (a) would 

be inconsistent with the public interest. 

Therefore, for the foregoing reasons, 

imposing ARRA’s Buy American 

requirements for the category of cases 

described herein is not in the public 

interest. 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.