30828 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 

teleconference is to discuss the Panel’s 

draft report. 

Availability of Meeting Materials: 

Agendas and materials in support of 

these meetings will be placed on the 

SAB Web site at http://www.epa.gov/sab 

in advance of each meeting. For 

technical questions and information 

concerning EPA’s draft document, 

please contact Dr. Weihsueh Chiu at 

(703) 347–8607, or 

chiu.weihsueh@epa.gov. 

Procedures for Providing Public Input: 

Public comment for consideration by 

EPA’s Federal advisory committees and 

panels has a different purpose from 

public comment provided to EPA 

program offices. Therefore, the process 

for submitting comments to a Federal 

advisory committee is different from the 

process used to submit comments to an 

EPA program office. Federal advisory 

committees and panels, including 

scientific advisory committees, provide 

independent advice to EPA. Members of 

the public can submit comments for a 

Federal advisory committee to consider 

as it develops advice for EPA. They 

should send their comments directly to 

the Designated Federal Officer for the 

relevant advisory committee. Oral 

Statements: In general, individuals or 

groups requesting an oral presentation 

at a public teleconference will be 

limited to three minutes per speaker, 

with no more than a total of 30 minutes 

for all speakers. Each person making an 

oral statement should consider 

providing written comments as well as 

their oral statement so that the points 

presented orally can be expanded upon 

in writing. Interested parties should 

contact Dr. Holly Stallworth, DFO, in 

writing (preferably via e-mail) at the 

contact information noted above, by 

June 21, 2010 for the June 24, 2010 

teleconference and by August 2, 2010 

for the August 5, 2010 teleconference, to 

be placed on the list of public speakers. 

Written Statements: Written statements 

should be supplied to the DFO via email at the contact information noted 

above. Materials received fewer than 

two days before each teleconference 

may not be delivered to panel members 

in time for them to consider the 

materials during the teleconference. 

Written statements should be supplied 

in one of the following electronic 

formats: Adobe Acrobat PDF, MS Word, 

MS PowerPoint, or Rich Text files in 

IBM–PC/Windows 98/2000/XP format. 

Submitters are requested to provide 

versions of signed documents, 

submitted with and without signatures, 

because the SAB Staff Office does not 

publish documents with signatures on 

its Web sites. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact Dr. Holly 

Stallworth at (202) 343–9867 or 

stallworth.holly@epa.gov. To request 

accommodation of a disability, please 

contact Dr. Stallworth preferably at least 

ten days prior to each teleconference to 

give EPA as much time as possible to 

process your request. 

Dated: May 25, 2010. 

Anthony F. Maciorowski, 

Deputy Director, EPA Science Advisory Board 

Staff Office. 

[FR Doc. 2010–13202 Filed 6–1–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9157–6] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Canaan Valley Public Service 

District, West Virginia 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Regional Administrator 

of EPA Region 3 is hereby granting a 

project waiver of the Buy American 

requirements of ARRA Section 1605 

under the authority of Section 

1605(b)(2) [manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality] 

to the Canaan Valley Public Service 

District (CVPSD) for the purchase of a 

membrane bioreactor system (MBR), 

supplied by Enviroquip Inc., that 

contains a primary component not 

manufactured in America, at two of its 

Wastewater Treatment Plants (WWTPs). 

CVPSD indicates that the MBR 

treatment process is necessary to 

achieve the wastewater treatment levels 

required by the National Pollutant 

Discharge Elimination System (NPDES) 

permits issued for these WWTPs. The 

membrane filtration equipment under 

consideration is manufactured by a 

company located in Japan and no 

United States manufacturer produces an 

alternative that meets the CVPSD’s 

technical specifications. This is a 

project specific waiver and only applies 

to the use of the specified product for 

the ARRA funded project being 

proposed. Any other ARRA project that 

may wish to use the same product must 

apply for a separate waiver based on the 

specific project circumstances. The 

Regional Administrator is making this 

determination based on the review and 

recommendations of the EPA Region III, 

Water Protection Division, Office of 

Infrastructure and Assistance. The 

CVPSD has provided sufficient 

documentation to support its request. 

The Assistant Administrator of the 

EPA’s Office of Administration and 

Resources Management has concurred 

on this decision to make an exception 

to Section 1605 of ARRA. This action 

permits the purchase of membrane 

filtration cassettes for the proposed 

project being implemented by the 

CVPSD. 

DATES: Effective Date: May 17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert Chominski, Deputy Associate 

Director, (215) 814–2162, or David 

McAdams, Environmental Engineer, 

(215) 814–5764, Office of Infrastructure 

& Assistance (OIA), Water Protection 

Division, U.S. EPA Region III, 1650 

Arch Street, Philadelphia, PA 19103– 

2029. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Sections 1605(c) 

and 1605(b)(2), EPA hereby provides 

notice that it is granting a project waiver 

of the requirements of Section 1605(a) of 

Public Law 111–5, Buy American 

requirements to the Canaan Valley 

Public Service District (CVPSD) for the 

acquisition of an ‘‘Enviroquip MBR 

system.’’ CVPSD has been unable to find 

an MBR system that contains Americanmade MBR cassettes to meet its specific 

wastewater requirements. 

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 are produced in the 

United States unless a waiver is 

provided to the recipient by EPA. A 

waiver may be provided if EPA 

determines that (1) applying these 

requirements would be inconsistent 

with public 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. 

CVPSD’s waiver request is to allow 

the purchase of the Enviroquip MBR 

system with four membrane filtration 

cassettes, manufactured by Kubota Inc. 

of Japan, for use in improvements to two 

existing WWTPs in West Virginia. This 

project will upgrade two of its existing 


sroberts on DSKD5P82C1PROD with NOTICES
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