29480 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 

DEPARTMENT OF ENERGY 

DOE/NSF Nuclear Science Advisory 

Committee 

AGENCY: Department of Energy, Office of 

Science. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the DOE/NSF Nuclear 

Science Advisory Committee (NSAC). 

Federal Advisory Committee Act (Pub. 

L. 92–463, 86 Stat. 770) requires that 

public notice of these meetings be 

announced in the Federal Register. 

DATES: Monday, July 27, 2009, 8 a.m. to 

5 p.m. 

ADDRESSES: Marriott Crystal City at 

Reagan National Airport, 1999 Jefferson 

Davis Highway, Arlington, Virginia 

22202. 

FOR FURTHER INFORMATION CONTACT: 

Brenda L. May, U.S. Department of 

Energy; SC–26/Germantown Building, 

1000 Independence Avenue, SW., 

Washington, DC 20585–1290; 

Telephone: 301–903–0536. 

SUPPLEMENTARY INFORMATION: 

Purpose of Meeting: To provide 

advice and guidance on a continuing 

basis to the Department of Energy and 

the National Science Foundation on 

scientific priorities within the field of 

basic nuclear science research. 

Tentative Agenda: Agenda will 

include discussions of the following: 

Monday, July 27, 2009 

• Perspectives from Department of 

Energy and National Science 

Foundation. 

• Presentation and Discussion of the 

Interim Report II from the Isotope 

Subcommittee. 

• Discussion of the FY 2010 Budget. 

• Discussion of the Committee of 

Visitors Charge. 

• Public Comment (10-minute rule). 

Public Participation: The meeting is 

open to the public. If you would like to 

file a written statement with the 

Committee, you may do so either before 

or after the meeting. If you would like 

to make oral statements regarding any of 

these items on the agenda, you should 

contact Brenda L. May, 301–903–0536 

or Brenda.May@science.doe.gov (email). You must make your request for 

an oral statement at least 5 business 

days before the meeting. Reasonable 

provision will be made to include the 

scheduled oral statements on the 

agenda. The Chairperson of the 

Committee will conduct the meeting to 

facilitate the orderly conduct of 

business. Public comment will follow 

the 10-minute rule. 

Minutes: The minutes of the meeting 

will be available on the U.S. Department 

of Energy’s Office of Nuclear Physics 

Web site for viewing. 

Dated: Issued in Washington, DC on June 

17, 2009. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. E9–14635 Filed 6–19–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Environmental Management SiteSpecific Advisory Board, Oak Ridge 

Reservation 

AGENCY: Department of Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Environmental 

Management Site-Specific Advisory 

Board (EM SSAB), Oak Ridge 

Reservation. The Federal Advisory 

Committee Act (Pub. L. 92–463, 86 Stat. 

770) requires that public notice of this 

meeting be announced in the Federal 

Register. 

DATES: Wednesday, July 8, 2009, 6 p.m. 

ADDRESSES: DOE Information Center, 

475 Oak Ridge Turnpike, Oak Ridge, 

Tennessee. 

FOR FURTHER INFORMATION CONTACT: Pat 

Halsey, Federal Coordinator, 

Department of Energy Oak Ridge 

Operations Office, P.O. Box 2001, EM– 

90, Oak Ridge, TN 37831. Phone (865) 

576–4025; Fax (865) 576–2347 or e-mail: 

halseypj@oro.doe.gov or check the Web 

site at http://www.oakridge.doe.gov/em/ 

ssab. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Board: The purpose of 

the Board is to make recommendations 

to DOE in the areas of environmental 

restoration, waste management, and 

related activities. 

Tentative Agenda: The main meeting 

presentation will be on DOE’s CERCLA 

and Other Waste Landfills. 

Public Participation: The EM SSAB, 

Oak Ridge, welcomes the attendance of 

the public at its advisory committee 

meetings and will make every effort to 

accommodate persons with physical 

disabilities or special needs. If you 

require special accommodations due to 

a disability, please contact Pat Halsey at 

least seven days in advance of the 

meeting at the phone number listed 

above. Written statements may be filed 

with the Board either before or after the 

meeting. Individuals who wish to make 

oral statements pertaining to the agenda 

item should contact Pat Halsey at the 

address or telephone number listed 

above. Requests must be received five 

days prior to the meeting and reasonable 

provision will be made to include the 

presentation in the agenda. The Deputy 

Designated Federal Officer is 

empowered to conduct the meeting in a 

fashion that will facilitate the orderly 

conduct of business. Individuals 

wishing to make public comment will 

be provided a maximum of five minutes 

to present their comments. 

Minutes: Minutes will be available by 

writing or calling Pat Halsey at the 

address and phone number listed above. 

Minutes will also be available at the 

following Web site: http:// 

www.oakridge.doe.gov/em/ssab/ 

minutes.htm. 

Issued at Washington, DC on June 17, 2009. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. E9–14636 Filed 6–19–09; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket ID Number EPA–HQ–OECA–2008– 

0804; FRL–8920–4] 

Clean Water Act Class II: Proposed 

Administrative Settlement, Penalty 

Assessment and Opportunity To 

Comment Regarding Cellco 

Partnership Doing Business as Verizon 

Wireless 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has entered into a 

consent agreement with Cellco 

Partnership doing business as Verizon 

Wireless (Verizon or Respondent) to 

resolve violations of the Clean Water 

Act (CWA), the Emergency Planning 

and Community Right-to-Know Act 

(EPCRA), and the Clean Air Act (CAA) 

and their implementing regulations. 

The Administrator is hereby 

providing public notice of this Consent 

Agreement and proposed Final Order, 

and providing an opportunity for 

interested persons to comment on the 

CWA portions of this Consent 

Agreement, in accordance with CWA 

Section 311(b)(6)(C). Additionally, 

notice is being provided on the EPCRA 

and CAA portions of this Consent 

Agreement. 

DATES: Comments are due on or before 

July 22, 2009. 

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 


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Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 29481 

Section I.B of the SUPPLEMENTARY

INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: Beth 

Cavalier, Special Litigation and Projects 

Division (2248–A), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460; 

telephone (202) 564–3271; fax: (202) 

564–9001; e-mail: 

cavalier.beth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for this action 

under Docket ID No. EPA–HQ–OECA– 

2008–0804. 

The official public docket consists of 

the Consent Agreement, proposed Final 

Order, and any public comments 

received. Although a part of the official 

docket, the public docket does not 

include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Enforcement 

and Compliance Docket Information 

Center (ECDIC) in the EPA Docket 

Center (EPA/DC), EPA West, Room 

B102, 1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center 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 ECDIC 

is (202) 566–1752. A reasonable fee may 

be charged by EPA for copying docket 

materials. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system (EPA Dockets). You may use 

EPA Dockets at http:// 

www.regulations.gov/ to submit or view 

public comments, access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once in the 

system, select ‘‘search,’’ then key in 

Docket ID No. EPA–HQ–OECA–2008– 

0804. 

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Section I.A.1. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff. 

B. How and To Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket identification number in the 

subject line on the first page of your 

comment. Please ensure that your 

comments are submitted within the 

specified comment period. Comments 

received after the close of the comment 

period will be marked ‘‘late.’’ EPA is not 

required to consider these late 

comments. 

1. Electronically. If you submit an 

electronic comment as prescribed 

below, EPA recommends that you 

include your name, mailing address, 

and an e-mail address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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. 

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.regulations.gov, and 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

Docket ID No. EPA–HQ–OECA–2008– 

0804. The system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, e-mail address, 

or other contact information unless you 

provide it in the body of your comment. 

ii. E-mail. Comments may be sent by 

electronic mail (e-mail) to 

docket.oeca@epa.gov, Attention Docket 

ID No. EPA–HQ–OECA–2008–0804. In 

contrast to EPA’s electronic public 

docket, EPA’s e-mail system is not an 

‘‘anonymous access’’ system. If you 

send an e-mail comment directly to the 

Docket without going through EPA’s 

electronic public docket, EPA’s e-mail 

system automatically captures your email address. E-mail addresses that are 

automatically captured by EPA’s e-mail 

system are included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Section I.A.1. These 

electronic submissions will be accepted 

in WordPerfect or ASCII file format. 

Avoid the use of special characters and 

any form of encryption. 


pwalker on PROD1PC71 with NOTICES
29482 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 

2. By Mail. Send your comments to: 

Enforcement and Compliance Docket 

Information Center, Environmental 

Protection Agency, Mailcode: 2201T, 

1200 Pennsylvania Ave., NW., 

Washington, DC, 20460, Attention 

Docket ID No. EPA–HQ–OECA–2008– 

0804. 

3. By Hand Delivery or Courier. 

Deliver your comments to the address 

provided in Section I.A.1., Attention 

Docket ID No. EPA–HQ–OECA–2008– 

0804. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation as identified in Section I.A.1. 

C. How Should I Submit CBI to the 

Agency? 

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, mark the outside 

of the disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

CBI). Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

information claimed as CBI, a copy of 

the comment that does not contain the 

information claimed as CBI must be 

submitted for inclusion in the public 

docket and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person identified in 

the FOR FURTHER INFORMATION CONTACT

section. 

II. Background 

Respondent is a telecommunications 

company located at One Verizon Way, 

Basking Ridge, New Jersey 07920, and 

Respondent is a partnership organized 

under the laws of the State of Delaware. 

On November 3, 2006, Respondent 

entered into a Compliance Audit 

Agreement with EPA, in which 

Respondent agreed to conduct a 

systematic, documented, periodic, and 

objective review of its compliance with 

applicable provisions of the CAA, 

EPCRA, and CWA. Respondent further 

agreed to submit bi-annual progress 

reports detailing the status of the 

compliance audit, specific facilities 

reviewed, and detailed information 

setting forth violations discovered and 

corrective actions taken. Further, 

Respondent agreed, in entering into the 

Compliance Audit Agreement, to 

specific civil penalties for certain 

violations of the CWA, EPCRA, and the 

CAA. As agreed upon with EPA, 

Respondent submitted periodic progress 

reports and submitted a final audit 

report to EPA on April 18, 2008. 

Specifically, Respondent disclosed 

that it failed to prepare and implement 

a Spill Prevention, Control, and 

Countermeasure (SPCC) plan and/or 

failed to have adequate secondary 

containment in violation of CWA 

Section 311(j), 33 U.S.C.1321(j), and 40 

CFR part 112 for sixteen facilities 

located in the following States: 

Alabama, California, Colorado, Idaho, 

Louisiana, Maryland, Montana, North 

Carolina, Ohio, Texas, and Utah. 

EPA, as authorized by CWA Section 

311(b)(6), 33 U.S.C. 1321(b)(6), has 

assessed a civil penalty for these 

violations. 

Respondent disclosed that it had 

failed to comply with EPCRA Section 

302, 42 U.S.C. 11002, and the 

regulations found at 40 CFR 355.30, 

when it failed to notify the State 

Emergency Response Committee (SERC) 

for thirteen facilities located in the 

following States: California, Georgia, 

Illinois, Indiana, Massachusetts, 

Maryland, Michigan, New York, and 

Texas. EPA, as authorized by EPCRA 

Section 325, 42 U.S.C. 11045, has 

assessed a civil penalty for these 

violations. 

In addition, Respondent disclosed 

that it had failed to comply with EPCRA 

Section 311, 42 U.S.C. 11021, and the 

regulations found at 40 CFR 370.21, 

when it failed to submit a Material 

Safety Data Sheet (MSDS) for a 

hazardous chemical(s) or, in the 

alternative, a list of such chemicals, at 

three hundred thirty-one facilities 

located in the following States: Arizona, 

California, Colorado, Connecticut, 

District of Columbia, Florida, Georgia, 

Hawaii, Illinois, Indiana, Iowa, Kansas, 

Kentucky, Louisiana, Maine, Maryland, 

Massachusetts, Michigan, Minnesota, 

Missouri, Montana, Nevada, New 

Hampshire, New Jersey, New Mexico, 

New York, Ohio, Pennsylvania, Rhode 

Island, South Carolina, Tennessee, 

Texas, Utah, Virginia, Washington, and 

Wyoming. 

Respondent disclosed that it had 

failed to comply with EPCRA Section 

312, 42 U.S.C. 11022, and the 

regulations found at 40 CFR 370.25, 

when it failed to prepare and submit 

emergency and chemical inventory 

forms to the Local Emergency Planning 

Committee (LEPC), the SERC and the 

fire department with jurisdiction over 

each facility, at three hundred and 

thirty-two facilities located in the 

following States: Arizona, California, 

Colorado, Connecticut, District of 

Columbia, Florida, Georgia, Hawaii, 

Illinois, Indiana, Iowa, Kansas, 

Kentucky, Louisiana, Maine, Maryland, 

Massachusetts, Michigan, Minnesota, 

Missouri, Montana, Nevada, New 

Hampshire, New Jersey, New Mexico, 

New York, Ohio, Pennsylvania, Rhode 

Island, South Carolina, Tennessee, 

Texas, Utah, Virginia, Washington, and 

Wyoming. EPA, as authorized by 

EPCRA Section 325, 42 U.S.C. 11045, 

has assessed a civil penalty for these 

violations. 

Respondent further disclosed that it 

had failed to comply with EPCRA 

Section 312, 42 U.S.C. 11022, and the 

regulations found at 40 CFR 370.25, 

when it failed to prepare and submit 

emergency and chemical inventory 

forms to the LEPC, the SERC and the fire 

department with jurisdiction over each 

facility, at two hundred and forty-eight 

facilities located in the following States: 

Arizona, California, Florida, Georgia, 

Indiana, Iowa, Kansas, Kentucky, 

Maine, Maryland, Massachusetts, 

Minnesota, Missouri, Montana, New 

Hampshire, New York, North Dakota, 

Ohio, Rhode Island, South Dakota, 

Tennessee, Virginia, Washington, and 

Wisconsin. However, as Respondent 

made a good faith effort to comply and 

relied on information from the 

manufacturer as to the amount of 

sulfuric acid present in the batteries to 

make its reporting determination, that 

information was later found to be 

inaccurate by Respondent, and 

Respondent notified EPA of the 

potential violations, EPA is not 

proposing to assess a penalty for these 

violations. 

Respondent disclosed that it had 

failed to comply with CAA Section 110, 

42 U.S.C. 7410, and requirements 

adopted as part of State Implementation 

Plans (SIPs) for sixty-one facilities 

located in the following States: 

California, District of Columbia, 

Georgia, Maryland, and New Mexico. 

EPA, as authorized by CAA Section 

113, 42 U.S.C. 7413, has assessed a civil 

penalty for these violations. 

EPA determined that Respondent 

satisfactorily completed its audit and 

has met all conditions of the 

Compliance Audit Agreement. EPA 

proposed a settlement penalty amount 

of four hundred sixty-eight thousand 

and six hundred dollars ($468,600). 

This amount is based on the penalty 

amounts agreed upon in the Compliance 

Audit Agreement for certain violations 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 29483 

and reflects consideration of potential 

economic benefit gained by Respondent, 

attributable to its delayed compliance 

with the CWA, EPCRA, and CAA 

regulations, and the potential for harm 

that could have resulted from the 

violations. 

The total civil penalty assessed for 

settlement purposes is four hundred 

sixty-eight thousand and six hundred 

dollars ($468,600). Respondent has 

agreed to pay this amount. EPA and 

Respondent negotiated and signed an 

administrative consent agreement, 

following the Consolidated Rules of 

Practice, 40 CFR 22.13(b), on May 14, 

2009 (In Re: Cellco Partnership doing 

business as Verizon Wireless. Docket 

Nos. CWA–HQ–2008–8002, EPCRA– 

HQ–2008–8002, CAA–HQ–2008–8002). 

This consent agreement is subject to 

public notice and comment under CWA 

Section 311(b)(6), 33 U.S.C. 1321(b)(6). 

The full consent agreement is available 

for public review and comment at 

http://www.regulations.gov, Docket ID 

No. EPA–HQ–OECA–2008–0804. 

Under CWA Section 311(b)(6)(A), 33 

U.S.C. 1321(b)(6)(A), any owner, 

operator, or person in charge of a vessel, 

onshore facility, or offshore facility from 

which oil is discharged in violation of 

CWA Section 311(b)(3), 33 U.S.C. 

1321(b)(3), or who fails or refuses to 

comply with any regulations that have 

been issued under CWA Section 311(j), 

33 U.S.C. 1321(j), may be assessed an 

administrative civil penalty of up to 

$177,500 by EPA. Class II proceedings 

under CWA Section 311(b)(6), 33 U.S.C. 

1321(b)(6), are conducted in accordance 

with 40 CFR Part 22. 

Under EPCRA Section 325, 42 U.S.C. 

11045, the Administrator may issue an 

administrative order assessing a civil 

penalty against any person who has 

violated applicable emergency planning 

or right-to-know requirements, or any 

other requirement of EPCRA. 

Proceedings under EPCRA Section 325, 

42 U.S.C. 11045, are conducted in 

accordance with 40 CFR part 22. 

Under CAA Section 113, 42 U.S.C. 

7413, the Administrator may issue an 

administrative penalty order to any 

person who has violated or is in 

violation of any requirement or 

prohibition of an applicable 

implementation plan or permit. 

Proceedings under CAA Section 113, 42 

U.S.C. 7413, are conducted in 

accordance with 40 CFR part 22. 

The procedures by which the public 

may comment on a proposed Class II 

penalty order, or participate in a CWA 

Class II penalty proceeding, are set forth 

in 40 CFR 22.45. The deadline for 

submitting public comment on this 

proposed final order July 22, 2009. All 

comments will be transferred to the 

Environmental Appeals Board (EAB) of 

EPA for consideration. The powers and 

duties of the EAB are outlined in 40 

CFR 22.4(a). 

Pursuant to CWA Section 

311(b)(6)(C), 33 U.S.C. 1321(b)(6), EPA 

will not issue an order in this 

proceeding prior to the close of the 

public comment period. 

Dated: June 10, 2009. 

Bernadette Rappold, 

Director, Special Litigation and Projects 

Division, Office of Enforcement and 

Compliance Assurance. 

[FR Doc. E9–14599 Filed 6–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8921–1] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Auburn, ME Sewerage District 

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 Auburn, Maine Sewerage District 

for the purchase of specialized ductile 

iron spring loaded hinged 24′′ diameter 

sanitary manhole covers and frames 

(i.e., ‘‘REXUS #62114 24S or equal’’). 

These manhole covers and frames are 

manufactured outside of the United 

States by Saint-Gobain, a company 

based in France, and meet the District’s 

technical specifications, which have 

been in use for at least the past five 

years. The Acting Regional 

Administrator is making this 

determination based on the review and 

recommendations of the Municipal 

Assistance Unit. The Auburn, Maine 

Sewerage District has provided 

sufficient documentation to support its 

request. 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 purchase of specific ductile 

iron manhole covers and frames for the 

proposed project being implemented by 

the Auburn, Maine Sewerage District. 

DATES: Effective Date: May 13, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Katie Connors, Environmental Engineer, 

(617) 918–1658, or David Chin, 

Environmental Engineer, (617) 918– 

1764, Municipal Assistance Unit (CMU), 

Office of Ecosystem Protection (OEP), 

U.S. EPA, One Congress Street, CMU, 

Boston, MA 02114. 

SUPPLEMENTARY INFORMATION: 

In accordance with ARRA Section 

1605(c) and pursuant to Section 

1605(b)(2) of Public Law 111–5, Buy 

American requirements, EPA hereby 

provides notice that it is granting a 

project waiver to the Auburn, Maine 

Sewerage District for the acquisition of 

specialized ductile iron spring loaded 

hinged 24′′ diameter sanitary manhole 

covers and frames (i.e., ‘‘REXUS #62114 

24S or equal’’) manufactured outside of 

the United States by Saint-Gobain, a 

company based in France. 

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. 

The Auburn, Maine Sewerage District 

has stated that for at least the past five 

years it has standardized its manhole 

cover procurement on ductile iron 

covers and integrated frames. The 

District has utilized specialized 24′′ 

diameter spring loaded hinged ductile 

iron sanitary manhole covers and frames 

(i.e., ‘‘REXUS #62114 24S or equal’’) 

within its collection system. The 

reasons for the District’s standard 

include: 

(1) The product is more durable in a 

colder climate than comparable cast 

iron products; and (2) a spring loaded 

hinged and locking cover is much more 

secure and safer (e.g. the cover will not 

flip off when hit by a larger vehicle and 

will automatically lock in the vertical 

position to avoid inadvertent closure). 

The District’s submission clearly 

articulates entirely functional reasons 

for its technical specifications, and has 


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