Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 30799 

room 4076, Potomac Center Plaza (PCP), 

Washington, DC 20202–2550. 

Telephone: (202) 245–7434. 

If you use a TDD, call the Federal 

Relay Service (FRS), toll free, at 1–800– 

877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

by contacting the Grants and Contracts 

Services Team, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 5075, PCP, Washington, DC 

20202–2550. Telephone: (202) 245– 

7363. If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/ 

news/fedregister. To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at this site. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: May 26, 2010. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2010–13143 Filed 6–1–10; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Notice of a Waiver of Section 1605 of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) for 

Poplar School District, Poplar, MT 

ACTION: Notice of a Waiver of Section 

1605 of the American Recovery and 

Reinvestment Act of 2009 (ARRA) for 

Poplar School District, Poplar, Montana. 

SUMMARY: In this notice, the Department 

of Education (the Department) 

announces its waiver of the Buy 

American requirements in section 

1605(a) of the ARRA (Buy American 

Requirements) for the Poplar School 

District in Poplar, Montana (Poplar 

District) and the justification for this 

waiver. This waiver permits use of 

imported T8 4-foot electronic ballasts in 

the Poplar District’s lighting project, 

which is supported with Impact Aid 

funds appropriated under the ARRA. 

SUPPLEMENTARY INFORMATION: The 

Department provided Poplar District 

with an Impact Aid ARRA formula grant 

for school construction activities 

authorized under section 8007(a) of the 

Elementary and Secondary Education 

Act of 1965, as amended. The Poplar 

District proposes to use these funds for 

a lighting project, but reports that the 

particular lights needed (T8 4-foot 

electronic ballasts) for this construction 

project are not produced in the United 

States. 

In accordance with section 1605(c) of 

the ARRA, the Department hereby 

provides notice that it is granting a 

waiver of the Buy American 

Requirements for the Poplar District’s 

lighting project. This notice constitutes 

the detailed written justification that the 

Department is required to publish in 

instances when it grants such a waiver 

pursuant to section 1605(b) of the 

ARRA. 

Section 1605(a) of the ARRA requires 

that none of the appropriated funds 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. The ARRA further 

provides that this requirement does not 

apply, and that a waiver may be granted, 

when the head of the Federal 

department or agency involved finds 

that: (1) Applying these requirements 

would be inconsistent with the public 

interest; (2) iron, steel, and 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 relevant manufactured 

goods produced in the United States 

will increase the overall cost of the 

project by more than 25 percent. 

The Secretary has determined that a 

section 1605(b) waiver of the Buy 

American Requirements is appropriate 

for the Poplar District’s lighting project 

because, based on the Department’s 

research, the particular lights needed for 

this project are not manufactured in the 

United States. The Department bases 

this determination on information 

provided by the Poplar District as well 

as the Department’s own research. The 

Poplar District has provided information 

to the Department documenting that 

there are no T8 4-foot electronic ballast 

manufacturers in the United States. In 

addition, based on the Department’s 

own research (Internet product 

literature searches) and to the best of the 

Department’s knowledge at the time of 

its review of the Poplar District’s waiver 

request, there do not appear to be U.S.- 

manufactured T8 4-foot electronic 

ballasts available to the Poplar District 

for the ARRA-funded lighting project. 

Furthermore, the purpose of the 

ARRA is to stimulate economic 

recovery, in part, by funding current 

infrastructure construction, and not to 

delay projects that are ‘‘shovel ready’’ by 

requiring the revision of standards and 

specifications or a new bidding process. 

The imposition of the Buy American 

Requirements on such otherwise eligible 

projects would result in unreasonable 

delay, and to further delay construction 

would be in direct conflict with a 

fundamental economic purpose of the 

ARRA, which is to create or retain jobs. 

The Department has reviewed the 

Poplar District’s waiver request and has 

determined that the supporting 

documentation is sufficient to 

demonstrate that a waiver is justified 

under section 1605(b)(2) of the ARRA. 

Having established both a proper basis 

to specify the particular good required 

for this project, and that this 

manufactured good is not available from 

a producer in the United States, the 

Poplar District is hereby granted a 

waiver from the Buy American 

Requirements reflected in section 

1605(a) of the ARRA for the purchase of 

T8 4-foot electronic ballasts using ARRA 

funds as specified in the Poplar 

District’s request. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Walls-Rivas, Impact Aid 

Program, U.S. Department of Education, 

400 Maryland Avenue, SW., 

Washington, DC 20202. Telephone: 

(202) 260–1357 or via Internet: 

Kristen.Walls-Rivas@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed in this section. 

Electronic Access to This Document: 

You may view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this site. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 


sroberts on DSKD5P82C1PROD with NOTICES
30800 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Authority: Section 1605 of the American 

Recovery and Reinvestment Act, Public Law 

111–5. 

Dated: May 28, 2010. 

Arne Duncan, 

Secretary of Education. 

[FR Doc. 2010–13308 Filed 6–1–10; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

Texas Clean Energy Project, Ector 

County, TX 

AGENCY: Department of Energy. 

ACTION: Notice of Intent To Prepare An 

Environmental Impact Statement. 

SUMMARY: The U.S. Department of 

Energy (DOE or Department) announces 

its intent to prepare an Environmental 

Impact Statement (EIS) pursuant to the 

National Environmental Policy Act 

(NEPA), the Council on Environmental 

Quality (CEQ) NEPA regulations (40 

CFR parts 1500–1508), and DOE NEPA 

implementing procedures (10 CFR part 

1021), to assess the potential 

environmental impacts for the proposed 

action of providing Federal funding for 

the proposed Texas Clean Energy 

Project (TCEP) near Odessa, Texas. The 

project would comprise planning, 

design, construction and operation by 

Summit Texas Clean Energy, LLC 

(Summit) of a coal-fueled electric power 

and chemicals production plant 

integrated with carbon dioxide (CO2) 

capture and geologic sequestration. DOE 

selected this project for an award of 

financial assistance through a 

competitive process under the Clean 

Coal Power Initiative (CCPI) program 

(Round 3). 

The EIS (DOE/EIS–0444) will inform 

DOE’s decision on whether to provide 

financial assistance under its CCPI 

program. DOE proposes to provide 

Summit with approximately $350 

million in funding for this project, 

which would demonstrate the full 

integration of CO2 capture and 

sequestration with a commercial, 

integrated gasification combined-cycle 

(IGCC) poly-generation (electricity and 

chemicals) plant. DOE’s contribution of 

$350 million would constitute about 20 

percent of the estimated total 

development and capital cost of the 

project, which is estimated to be $1.73 

billion (2009 dollars). TCEP would 

employ advanced clean coal 

technologies to reduce the levels of CO2

emissions below that of conventional 

technologies used to generate electricity 

from fossil fuels, including natural gas. Summit proposes to build its IGCC 

plant adjacent to an oil field in Ector 

County, Texas. The plant would use 

coal as its feedstock. It would capture, 

in the form of CO2, about 90% of the 

carbon in the portion of its coal fuel 

supply used for power production. The 

plant would employ two gasifiers, 

feeding a single, combined-cycle power 

island to generate about 400 MW (gross) 

of electricity, with the co-production of 

sulfuric acid and urea (for fertilizer) or 

other chemicals. About 275 MW of 

electricity would be put onto the power 

grid, with the remaining power used for 

commercial loads on the project site, 

such as urea production and CO2

compression. During DOE 

demonstration phase of the project, it 

would permanently sequester CO2 at a 

maximum rate of about 3 million tons 

per year by piping it to Permian Basin 

oil fields, where it would be used by 

field operators for enhanced oil recovery 

(EOR). Summit is owned jointly by the 

Summit Power Group, Inc. and CW 

NextGen, Inc. (CWNI), a Clayton 

Williams company. The project team 

includes Summit Power Group, Inc.; 

Blue Source, LLC; Siemens, AG; and 

CWNI; among others. DOE issues this Notice of Intent (NOI) 

to inform interested parties of the 

pending EIS and to invite public 

comments on the proposed action, 

including: (1) The proposed plans for 

implementing the project, (2) the range 

of environmental issues and alternatives 

to be analyzed, and (3) the analysis 

methods to be used or considered 

during preparation of the EIS. 

DATES: DOE invites comments on the 

proposed scope and content of the EIS 

from all interested parties. Comments 

must be received by July 2, 2010, to 

ensure consideration. Late comments 

will be considered to the extent 

practicable. In addition to accepting 

comments in writing (formal letters, 

faxes and e-mails) and by telephone 

(See ADDRESSES below), DOE will 

conduct a public scoping meeting in 

which government agencies, privatesector organizations, and the general 

public are invited to present oral 

comments or suggestions with regard to 

the alternatives and issues to be 

considered in the EIS. The scoping 

meeting will be held beginning at 7 p.m. 

on Thursday, June 17, 2010, in the 

Saulsbury Meeting Room of the 

Electronics Technology Building at 

Odessa College, 201 West University 

Blvd, Odessa, Texas 79764. The public 

is also invited to learn more about the 

proposed project at an informal session 

at this location beginning at 4 p.m. 

Displays and other information about 

DOE’s proposed action and Summit’s 

project will be available, and 

representatives from DOE and Summit 

will be present at the informal session 

to discuss the proposed project, DOE’s 

CCPI program, and the EIS process. 

ADDRESSES: Written comments on the 

scope of the EIS and requests to 

participate in the public scoping 

meeting should be addressed to: Mr. 

Mark L. McKoy, U.S. Department of 

Energy, National Energy Technology 

Laboratory, 3610 Collins Ferry Road, 

P.O. Box 880, Morgantown, WV 26507– 

0880. Individuals and organizations 

who would like to provide oral or 

electronic comments, or request copies 

of the Draft EIS, should contact Mr. 

McKoy by telephone (304–285–4426), 

toll-free telephone (1–800–432–8330 

(ext. 4426), fax (304–285–4403), e-mail 

(Summit.EIS@netl.doe.gov), or formal 

mail submitted to the address given 

above. 

FOR FURTHER INFORMATION CONTACT: For 

further information about this project, 

contact Mr. Mark L. McKoy, as 

described above. For general 

information on the DOE NEPA process, 

please contact Ms. Carol M. Borgstrom, 

Director, Office of NEPA Policy and 

Compliance (GC–54), U.S. Department 

of Energy, 1000 Independence Avenue, 

SW., Washington, DC 20585–0103; 

telephone: 202–586–4600; fax: 202– 

586–7031; or leave a toll-free message at 

1–800–472–2756. 

SUPPLEMENTARY INFORMATION: 

Background 

Since the early 1970s, DOE and its 

predecessor agencies have pursued 

research and development programs 

that include large, technically complex 

projects in pursuit of innovation in a 

wide variety of coal technologies 

through the proof-of-concept stage. 

However, helping a technology reach 

the proof-of-concept stage does not 

ensure its continued development or 

commercialization. Before a technology 

can be considered seriously for 

commercialization, it must be 

demonstrated at a sufficient scale to 

prove its reliability and economically 

competitive performance. The financial 

risk associated with such large-scale 

demonstration projects is often too high 

for the private sector to assume in the 

absence of strong incentives. 

The CCPI program was established in 

2002 as a government and private sector 

partnership to implement the 

recommendation in President Bush’s 

National Energy Policy to increase 

investment in clean coal technology. 


sroberts on DSKD5P82C1PROD with NOTICES