67718 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 

violations committed by their 

distributors. 

Any questions about the requirements 

and procedures set forth in this notice 

or in the subject FIFRA section 

3(c)(2)(B) Data Call-In notice, should be 

addressed to the person listed under FOR

FURTHER INFORMATION CONTACT. 

VI. What is the Agency’s authority for 

taking this action? 

The Agency’s authority for taking this 

action is contained in sections 3(c)(2)(B) 

and 6(f)(2) of FIFRA, 7 U.S.C. 136 et seq. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: October 25, 2010. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2010–27506 Filed 11–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9220–8] 

Meeting of the Local Government 

Advisory Committee 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice. 

SUMMARY: The Local Government 

Advisory Committee (LGAC) will meet 

on November 17–18, 2010, in 

Washington, DC. The Committee 

meeting will be located at The Hall of 

States, 444 North Capitol Street, NW., 

Washington, DC. The focus of the 

Committee meeting will be on 

Administrator Lisa P. Jackson’s 

priorities for EPA: Protecting America’s 

waters; cleaning up our communities; 

expanding the conversation on 

environmental protection; improving air 

quality; taking action on climate change; 

assuring the safety of chemicals, and 

building strong partnerships. 

This is an open meeting and all 

interested persons are invited to attend. 

The Committee will hear comments 

from the public between 3:15 p.m. and 

3:45 p.m. on Wednesday, November 17, 

2010. Individuals or organizations 

wishing to address the LGAC meeting 

will be allowed a maximum of five 

minutes to present their point of view. 

Also, written comments should be 

submitted electronically to 

Eargle.Frances@epa.gov. Please contact 

the Designated Federal Officer (DFO) at 

the number listed below to schedule 

agenda time. Time will be allotted on a 

first come first serve basis, and the total 

period for comments may be extended 

if the number of requests for 

appearances requires it. 

DATES: November 17–18, 2010. 

ADDRESSES: The LGAC meeting will be 

held at The Hall of States, located at 444 

North Capitol Street NW., Washington 

DC. The Committee’s meeting minutes 

and summary notes will be available 

after the meeting online at http:// 

www.epa.gov/ocir/scas and can be 

obtained by written request to the DFO. 

FOR FURTHER INFORMATION CONTACT: 

Frances Eargle, DFO for the Local 

Government Advisory Committee 

(LGAC) at (202) 564–3115 or e-mail at 

Eargle.frances@epa.gov. 

INFORMATION ON SERVICES FOR THOSE

WITH DISABILITIES: For Information on 

access or services for individuals with 

disabilities, please contact Frances 

Eargle at (202) 564–3115 or 

eargle.frances@epa.gov. To request 

accommodation of a disability, please 

request it 10 days prior to the meeting, 

to give EPA as much time as possible to 

process your request. 

Dated: October 29, 2010. 

Frances Eargle, 

Designated Federal Officer, Local Government 

Advisory Committee. 

[FR Doc. 2010–27875 Filed 11–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9220–3] 

Notice of a Project Waiver of Section 

1605: (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Town of Windsor, CA; Project# 

4910017–033 Funded by the California 

DWSRF ARRA Loan# AR09FP45 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA 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 Town of Windsor, a California 

Drinking Water State Revolving Fund 

(DWSRF)/ARRA loan recipient, for the 

purchase of a 20-inch diameter mild 

steel well casing (API standard 5L or 

ASTM standard A53 schedule 30b or 

better). 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 project-specific 

circumstances. The Assistant 

Administrator of the Office of 

Administration and Resources 

Management has concurred on this 

decision to make an exception under 

section 1605(b)(2) of ARRA. 

DATES: Effective Date: August 13, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Abimbola Odusoga, Environmental 

Engineer, Water Division, Infrastructure 

Office (WTR–4), (415) 972–3437, U.S. 

EPA Region 9, 75 Hawthorne, San 

Francisco, CA, 94105. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c) 

and OMB regulations at 2 CFR Part 176, 

Subpart B, the EPA hereby provides 

notice that it is granting a late project 

waiver of the requirements of Section 

1605(a) of Public Law 111–5, Buy 

American requirements, to the City for 

the purchase and use of a 20-inch 

diameter mild steel well casing 

manufactured abroad. The head of each 

Federal agency is authorized to issue 

project waivers pursuant to Section 

1605(c) of ARRA. A delegation of 

authority memorandum was issued by 

the EPA Administrator on March 31, 

2009 which provided EPA Regional 

Administrators with the authority to 

issue waivers to Section 1605(a) of 

ARRA within the geographic boundaries 

of their respective regions and with 

respect to requests by individual 

recipients of ARRA financial assistance. 

This waiver request came after the 

goods had been used in the project. 

Under 2 CFR 176.130(c)(1), the 

applicable noncompliance provision 

regarding unauthorized use of foreign 

manufactured goods, EPA is authorized 

to process a waiver under 2 CFR 

176.120(a) if ‘‘the need for such 

determination otherwise was not 

reasonably foreseeable.’’ EPA has further 

outlined this process in its April 28, 

2009 memorandum: Implementation of 

Buy American provisions of Public Law 

111–5, the ‘‘American Recovery and 

Reinvestment Act of 2009’’ (the April 28 

memorandum). EPA has determined 

under these circumstances that the need 

for such a waiver was not reasonably 

foreseeable. Therefore, under the 

authority of 2 CFR 176.120 and 

176.130(c)(1), and as explained in the 

April 28 memorandum, EPA will 

process the waiver request as if it was 

requested in a timely manner. EPA has 

determined that it would have evaluated 

a waiver request had the recipient 

applied for a waiver prior to using the 

foreign casing in the ARRA project. EPA 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 67719 

has determined that granting this waiver 

is appropriate because it avoids 

penalizing the City for the use of a nonU.S.-made good for which the City has 

sufficiently established that there were 

no U.S.-made alternatives. And, this 

determination takes into account the 

City’s due diligence and good faith 

effort to implement the requirements of 

section 1605. 

Section 1605(a) of the ARRA requires 

that none of the funds appropriated or 

otherwise made available by the ARRA 

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. Pursuant to Section 

1605(b) and (c), a waiver may be 

provided if EPA determines: 

(1) Applying these requirements would 

be inconsistent with the 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. 

The purpose of this project in 

Windsor is to replace the existing 

Bluebird and Esposti Park wells that 

were shut down due to arsenic 

contamination and build-up of sediment 

on the casings. To solve this problem, 

Windsor is installing two new wells 

designed to provide adequate storage for 

times of drought or emergency. The 

current system draws water from the 

Russian River, but the Sonoma County 

Water Agency (SCWA) issued an order 

to reduce the in-stream flow 

requirements for the Russian River. This 

reduction of in-stream flow 

requirements will deplete the water 

production of the off-river wells during 

the peak summer demand. The new 

well system will help maximize water 

storage to meet demand during peak 

seasons. 

Per the specifications, the wells 

conductor casing and upper stem will 

be constructed of mild steel, while the 

well screening and lower stem will be 

constructed of stainless steel. For the 

two wells planned, 110 feet of 20-inch 

mild steel casing would be required. 

Analysis by EPA’s national contractor 

indicated that American-made 20-inch 

diameter mild steel casing was not 

available for the conductor casing (as 

previously anticipated). The only 

casings to meet the town’s dimensions 

and specifications are foreign made. 

The April 28, 2009 EPA memorandum 

for implementation of the ARRA Buy 

American provisions of Public Law 

111–5, states the quantity of iron, steel, 

or relevant manufactured good is 

‘‘reasonably available’’ if it is available at 

the time and place needed, and in the 

proper form or specification as specified 

in the project plans and design. The 

same Memorandum defines ‘‘satisfactory 

quality’’ as ‘‘the quality of steel, iron or 

manufactured good specified in the 

project plans and designs.’’ 

Windsor’s submittal articulates a 

reasonable and appropriate basis for the 

type of technology it chose for this 

project in environmental objectives and 

performance specifications. Further, it 

provides sufficient documentation that 

the relevant manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality to 

meet its technical specifications. 

Windsor has incorporated specific 

technical design specifications for the 

proposed project based on their needs 

and provided information to the EPA 

justifying the need for a 20-inch 

diameter mild steel casing. Windsor has 

also provided certification from its 

supplier indicating there are no 

products of comparable quality 

available from a domestic manufacturer 

to meet its specifications and satisfy 

project restrictions. Based on additional 

research conducted by the EPA’s Buy 

American consultant, there did not 

appear to be other domestically 

manufactured products available to 

meet Windsor’s specifications at the 

necessary delivery time. When the 

project was originally bid, the contractor 

was assured by pipe suppliers that 

domestically manufactured well casing 

material would be available for the 

project. However, as work progressed on 

the construction of the well, the 

applicant was informed by the 

contractor’s material supplier that 

domestically made well casing pipe 

would not be available from any 

domestic mills in time to deliver to the 

West Coast for installation. The only 

available material would be supplied 

from Korean manufacturers. 

EPA Region 9, EPA’s Buy American 

consultant, and EPA’s Office of 

Administration and Resource 

Management have reviewed this waiver 

request and have determined the 

supporting documentation provided by 

Windsor is sufficient to meet the criteria 

listed under ARRA Section 1605(b)(2) 

and the EPA April 28, 2009, 

memorandum for implementation of 

ARRA Buy American provisions of 

Public Law 111–5. 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, Windsor is hereby 

granted a waiver from the Buy American 

requirements of Sections 1605(a) of 

Public Law 111–5, for the purchase of 

the 20-inch mild steel casing, specified 

in Windsor’s request of March 31, 2010. 

This supplementary information 

constitutes the detailed written 

justification required by Section 1605(c) 

for waivers based on a finding under 

Section 1605(b)(2). 

Authority: Public Law 111–5, Section 

1605. 

Dated: August 13, 2010. 

Jared Blumenfeld, 

Regional Administrator, EPA Pacific 

Southwest Region. 

[FR Doc. 2010–27807 Filed 11–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9220–1] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Proposed Consent 

Decree; Request for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(CAA or the Act), 42 U.S.C. 7413(g), 

notice is hereby given of a proposed 

consent decree to address a lawsuit filed 

by Comite Civico Del Valle, Inc. in the 

United States District Court for the 

Northern District of California: Comite 

Civico Del Valle, Inc. v. Jackson, No. 

10–cv–02859–PJH (N.D. Cal.). Plaintiff 

filed a deadline suit to compel the 

Administrator to take final action under 

section 110(k) of the Act on Imperial 

County Air Pollution Control District 

(ICAPCD) Rules 201, 202 and 217 

submitted to the Environmental 

Protection Agency (EPA) on or about 

August 24, 2007 as revisions to the state 

implementation plan. The proposed 

consent decree establishes deadlines for 

EPA’s action on ICAPCD Rules 201, 202 

and 217. 

DATES: Written comments on the 

proposed consent decree must be 

received by December 3, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–0900, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; by mail to EPA 

Docket Center, Environmental 


jlentini on DSKJ8SOYB1PROD with NOTICES