Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 3463 

III. What is the Agency’s Authority for 

Taking this Action? 

As a general rule, TSCA section 

14(b)(1) provides that health and safety 

studies and data from health and safety 

studies are not entitled to treatment as 

CBI, with an exception for information 

that ‘‘discloses processes used in the 

manufacturing or processing of a 

chemical substance or mixture,’’ or, in 

the case of a mixture, where release of 

the data discloses the portion of a 

mixture comprised by a particular 

substance. 15 U.S.C. 2613(b)(1). 

EPA considers information contained 

in a notice of substantial risk under 

TSCA section 8(e) to be health and 

safety information and, therefore, 

covered by the term ‘‘health and safety 

study,’’ as defined in section 3(6) of 

TSCA. See ‘‘TSCA Section 8(e); 

Notification of Substantial Risk; Policy 

Clarification and Reporting Guidance,’’ 

68 FR 33129 at 33136, June 3, 2003 

(FRL–7287–4). Chemical identity is part 

of a health and safety study. See e.g., 40 

CFR 716.3 and 40 CFR 720.3(k). As 

such, chemical identity associated with 

a health and safety study in a TSCA 

section 8(e) submission is not entitled to 

confidential treatment unless it falls 

into the exemption under TSCA section 

14(b)(1). Where the identity of a 

chemical substance is already contained 

on the public portion of the TSCA 

Chemical Substances Inventory, which 

is publicly available from the National 

Technical Information Service and other 

sources, EPA believes that the identity 

itself, even assuming it might otherwise 

be CBI, as well as any information that 

might be derived from it about processes 

or portions, has already been disclosed. 

EPA’s regulations regarding CBI at 40 

CFR part 2, subpart B provide for a 

process where the relevant office 

determines that certain information 

clearly is not entitled to confidential 

treatment. See 40 CFR 2.306(d); 40 CFR 

2.204(d)(2); and 40 CFR 2.205(f). As 

provided in the regulations, the letters 

will serve as the final EPA 

determinations concerning the subject 

confidentiality claims, and recipients of 

the letters may seek judicial review 

under 5 U.S.C. 701 et seq. 

IV. Why is EPA Taking this Action? 

Part of the Agency’s mission is to 

promote public understanding of 

potential risks by providing 

understandable, accessible and 

complete information on potential 

chemical risks to the broadest audience 

possible. In support of this mission, 

EPA posts useful information about 

chemicals regulated under TSCA for the 

public on its website (http:// 

www.epa.gov/oppt/index.htm). One 

important source of this information is 

submissions to the Agency under TSCA 

section 8(e). TSCA section 8(e) requires 

that: 

Any person who manufactures, processes, 

or distributes in commerce a chemical 

substance or mixture and who obtains 

information which reasonably supports the 

conclusion that such substance or mixture 

presents a substantial risk of injury to health 

or the environment shall immediately inform 

the Administrator of such information unless 

such person has actual knowledge that the 

Administrator has been adequately informed 

of such information. 

15 U.S.C. 2607(e). 

When EPA receives submissions 

under TSCA section 8(e), it makes this 

information available on its website. 

Previously, EPA’s general practice had 

been to redact chemical identity from 

TSCA section 8(e) postings where the 

identity was claimed as CBI even when 

the chemical identity was listed on the 

public portion of the TSCA Chemical 

Substances Inventory. EPA believes that 

the posting of the TSCA section 8(e) 

information received is incomplete and 

far less informative where the public is 

not able to view the chemical identity 

associated with the new health and 

safety information posted. Where the 

identity of the chemical is already 

publicly available on the TSCA 

Chemical Substances Inventory, the new 

general practice will allow the public to 

link the TSCA section 8(e) information 

with the relevant chemical and will 

support the Agency’s mission of 

promoting public understanding of 

potential risks. 

List of Subjects 

Environmental protection, Chemicals, 

Confidential business information, 

Reporting and recordkeeping. 

Dated: January 14, 2010. 

Steve A. Owens, 

Assistant Administrator, Office of Prevention, 

Pesticides and Toxic Substances. 

[FR Doc. 2010–1105 Filed 1–20–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9104–9] 

Cross-Media Electronic Reporting Rule 

State Authorized Program Revision 

Approval: State of North Carolina 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

approval, under regulations for CrossMedia Electronic Reporting, of the State 

of North Carolina’s request to revise its 

EPA-authorized program to allow 

electronic reporting. 

DATES: EPA’s approval is effective 

January 21, 2010. 

FOR FURTHER INFORMATION CONTACT: Evi 

Huffer, U.S. Environmental Protection 

Agency, Office of Environmental 

Information, Mail Stop 2823T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, (202) 566–1697, 

huffer.evi@epa.gov, or David Schwarz, 

U.S. Environmental Protection Agency, 

Office of Environmental Information, 

Mail Stop 2823T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

(202) 566–1704, 

schwarz.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

On October 13, 2005, the final CrossMedia Electronic Reporting Rule 

(CROMERR) was published in the 

Federal Register (70 FR 59848) and 

codified as part 3 of title 40 of the CFR. 

CROMERR establishes electronic 

reporting as an acceptable regulatory 

alternative to paper reporting and 

establishes requirements to assure that 

electronic documents are as legally 

dependable as their paper counterparts. 

Subpart D of CROMERR requires that 

state, tribal or local government 

agencies that receive, or wish to begin 

receiving, electronic reports under their 

EPA-authorized programs must apply to 

EPA for a revision or modification of 

those programs and get EPA approval. 

Subpart D provides standards for such 

approvals based on consideration of the 

electronic document receiving systems 

that the state, tribe, or local government 

will use to implement the electronic 

reporting. Additionally, in § 3.1000(b) 

through (e) of 40 CFR part 3, subpart D 

provides special procedures for program 

revisions and modifications to allow 

electronic reporting, to be used at the 

option of the state, tribe or local 

government in place of procedures 

available under existing programspecific authorization regulations. An 

application submitted under the subpart 

D procedures must show that the state, 

tribe or local government has sufficient 

legal authority to implement the 

electronic reporting components of the 

programs covered by the application 

and will use electronic document 

receiving systems that meet the 

applicable subpart D requirements. 

On October 15, 2008, the State of 

North Carolina Department of 

Environment and Natural Resources 

(NCDENR) submitted an application for 

its Integrated Build Environment for 

Application Management (IBEAM) 

electronic document receiving system 


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3464 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 

for revision of its EPA-authorized 

program under title 40 CFR. EPA 

reviewed NCDENR’s request to revise its 

EPA-authorized program and, based on 

this review, EPA determined that the 

application met the standards for 

approval of authorized program 

revisions set out in 40 CFR part 3, 

subpart D. In accordance with 40 CFR 

3.1000(d), this notice of EPA’s decision 

to approve North Carolina’s request for 

revision to its authorized program is 

being published in the Federal Register. 

Specifically, EPA has approved the 

State of North Carolina’s request to 

revise its Part 52—Approval and 

Promulgation of Implementation Plans 

authorized program for electronic 

reporting of air emissions information 

under 40 CFR part 51, for electronic 

submissions that do not include an 

electronic signature, but instead provide 

for a handwritten signature on a 

separate paper submission report. 

NCDENR was notified of EPA’s 

determination to approve its application 

with respect to the authorized program 

listed above. 

Dated: January 7, 2010. 

Lisa Schlosser, 

Director, Office of Information Collection. 

[FR Doc. 2010–1103 Filed 1–20–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9104–8] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to Gwinnett County 

Department of Water Resources, 

Gwinnett County, GA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

waiver of the Buy American 

requirements of ARRA Section 1605 

under the authority of Section 

1605(b)(1) [inconsistent with the public 

interest] to Gwinnett County 

Department of Water Resources, 

Gwinnett County, Georgia (‘‘County’’) for 

the purchase of a foreign manufactured 

submersible pump. This is a project 

specific waiver and only applies to the 

use of the specified product for the 

ARRA project being proposed. Any 

other ARRA recipient that wishes to use 

the same product must apply for a 

separate waiver based on project 

specific circumstances. The County’s 

tunnel and tunnel lift station project 

will include installation of two 

submersible pumps as well as the 

purchase of one spare pump. The 

project was originally designed between 

2003 and 2006, and bids were taken on 

March 1, 2007. The County 

standardized ITT Flygt Corporation as 

the sole manufacturer of submersible 

pumps in 2003, when design of the 

project started. At the time of design, 

the County already had in operation 88 

Flygt pumps out of the 106 pumps in 

the system. The County has submitted a 

detailed memorandum dated October 

17, 2003, explaining the rationale for 

standardization. According to the 

memorandum, the County desired to, 

‘‘standardize on a single brand of 

submersible pumps for wastewater 

pump stations in order to provide 

greater reliability in the operation of 

pump stations and avoid the increased 

costs of inventory, service, maintenance, 

and engineering associated with using 

several different brands.’’ This is a 

project whose earlier phases began prior 

the enactment of ARRA and was 

undertaken for the principal purpose of 

Clean Water Act compliance. The 

procurement for those prior phases 

standardized on a particular 

manufactured good that is subject to 

ARRA section 1605 requirements for its 

ARRA-funded phase but the 

performance from and operation and 

maintenance of such good in the 

performance of the facility would be 

detrimentally affected by a requirement 

to use a non-standardized good(s). 

Based on the review of the information 

provided, EPA has concluded that a 

waiver of the Buy American provisions 

is justified. The Assistant Administrator 

of the Office of Administration and 

Resources Management has concurred 

on this decision to make an exception 

to Section 1605 of ARRA. This action 

permits the County to purchase Flygt 

submersible pumps, manufactured by 

ITT Flygt Corporation, as specified in its 

September 1, 2009, request. 

DATES: Effective Date: December 18, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Y. Edwards, Project Officer, 

Grants and SRF Section, Water 

Protection Division (WPD), (404) 562– 

9340, USEPA Region 4, 61 Forsyth St. 

SW., Atlanta, GA 30303. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c), 

the EPA hereby provides notice that it 

is granting a project waiver of the 

requirements of Sections 1605(a) of 

Public Law 111–5, Buy American 

requirements, to Gwinnett County 

Department of Water Resources, 

Gwinnett County, Georgia, for the 

purchase of Flygt submersible pumps, 

manufactured by ITT Flygt Corporation 

of Sweden. EPA has evaluated the 

County’s basis for standardizing to the 

Flygt submersible pumps. Based on the 

information provided by the applicant, 

EPA has determined that it is 

inconsistent with the public interest for 

the County to pursue the purchase of a 

domestically manufactured submersible 

pump. 

Section 1605 of the ARRA requires 

that none of the appropriated funds 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 is produced in the 

United States, or unless a waiver is 

provided to the recipient by the head of 

the appropriate agency, here the EPA. A 

waiver may be provided if EPA 

determines that (1) applying these 

requirements would be inconsistent 

with public the 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 County has requested a waiver 

from the Buy American Provision for 

the purchase of the foreign made 

submersible pumps as part of its tunnel 

and tunnel lift station project. The 

purchase of the submersible pumps is 

part of a project that, according to the 

County, ‘‘consists of a wastewater 

conveyance and linear storage tunnel 

from the existing Jack’s Creek 

wastewater treatment facility to the 

existing No Business Creek pump 

station to convey wastewater flows from 

the tunnel to the pump station and a lift 

station to lift the flow from the tunnel 

invert to the pump station. The tunnel 

is an approximate 16,000 linear feet, 12- 

foot diameter hard rock bore. The lift 

station is constructed inside an 

approximate 180 feet deep shaft 

constructed through hard rock and lined 

with concrete and shotcrete. The 

completed project will have a design 

flow capacity of 7.5 million gallons per 

day (mgd) and overflow storage capacity 

in excess of 13 million gallons of raw 

sewage.’’ 

The project requires the installation of 

two submersible pumps, plus an 

additional spare submersible pump. The 

pumps are specified at a maximum 335 

hp and 5.5 mgd pumping capacity at a 

total head of 207 feet. The project 

specification provided prospective 

bidders with one acceptable 


jlentini on DSKJ8SOYB1PROD with NOTICES