31032 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 

Region 10, Mail Stop ORC–158, 1200 

Sixth Avenue, Suite 900, Seattle, 

Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Alexander Fidis, Assistant Regional 

Counsel, U.S. EPA Region 10, Mail Stop 

ORC–158, 1200 Sixth Avenue, Suite 

900, Seattle, Washington 98101; (206) 

553–4710. 

SUPPLEMENTARY INFORMATION: The 

Anderson-Calhoun Mine and Mill site is 

located in Leadpoint, Stevens County, 

Washington (Site). Site operations 

conducted between 1910 and the early 

1980s included the mining and milling 

of zinc ore, and the milling of barite ore. 

Waste-rock and mill tailings produced 

by these operations were disposed at the 

Site in areas around the mill building 

and in a raised tailings impoundment. 

The waste-rock and tailings at the Site 

contain hazardous substances including 

barium, cadmium, copper, lead, 

selenium and zinc at concentrations that 

exceed applicable cleanup levels. The 

Agency has selected a removal action to 

address potential or actual threats that 

these substances may present to public 

health, welfare, or the environment. 

The Goldfield Corporation and 

Combustion Engineering, Inc., two prior 

owners and operators of the Site, have 

jointly spent approximately $465,000 to 

investigate and study the Site, assess 

cleanup alternatives, and to develop 

draft plans for the removal action. The 

Agency is proposing to enter into an 

administrative settlement with both 

parties for a payment of $357,000. These 

funds will be deposited in a site-specific 

account and will be used to reimburse 

the Agency for its past costs and for 

future response costs at the Site. The 

proposed settlement will provide the 

settling parties with a release of liability 

subject to certain rights reserved by the 

Agency. 

Dated: June 22, 2009. 

Linda Anderson-Carnahan, 

Acting Director, Office of Environmental 

Cleanup. 

[FR Doc. E9–15284 Filed 6–26–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8923–8] 

Notice of a Regional Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the State of New Hampshire 

Department of Environmental Services’ 

Winnipesaukee River Basin Bureau 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

waiver of the Buy America 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 State of New 

Hampshire Department of 

Environmental Services’ Winnipesaukee 

River Basin Bureau (WRBB) for the 

purchase of air bearing turbo aeration 

blowers and an associated main blower 

control panel. These blowers and 

associated control panel are 

manufactured outside of the United 

States by APG-Neuros of South Korea, 

and meet the WRBB’s technical design 

specifications. The Acting Regional 

Administrator is making this 

determination based on the review and 

recommendation of the Municipal 

Assistance Unit. The WRBB has 

provided sufficient documentation to 

support their 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 the ARRA. This action 

permits the purchase of air bearing 

turbo aeration blowers and an 

associated main blower control panel by 

the WRBB, as specified in its May 11, 

2009 waiver request, to upgrade its 

regional wastewater treatment facility in 

Franklin, New Hampshire as part of a 

project funded under the ARRA. 

DATES: Effective Date: June 8, 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), 

the 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 WRBB for the 

purchase of air bearing turbo aeration 

blowers and an associated main blower 

control panel manufactured outside of 

the United States by APG–Neuros of 

South Korea, which meet the WRBB’s 

technical design specifications for its 

wastewater treatment plant upgrade 

project. 

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 unless a waiver is 

provided to the recipient by EPA. A 

waiver may be provided if EPA 

determines under Section 1605(b) that 

(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. 

In a letter dated May 11, 2009 to the 

EPA, the WRBB requested a waiver from 

the Buy American Provision for the 

purchase of air bearing turbo aeration 

blowers and an associated Main Blower 

Control Panel (MBCP), manufactured 

outside of the United States (US) by 

APG-Neuros, a South Korea based 

company. 

Based on information provided to the 

EPA, the WRBB performed a pre-bid 

selection of the high efficiency, air 

bearing turbo aeration blowers with the 

help of a 12 member technical review 

committee that included WRBB 

operations, maintenance, electrical, 

electronics and management staff, 

WRBB’s technical consultant, and the 

NHDES’ Wastewater Engineering 

Bureau Design Review staff. This prebid selection committee determined 

critical specifications and manufacturer 

capabilities, and the development of a 

weighted scoring system to assess the 

submitted proposals. Three priority 

technical specifications were identified 

by the pre-bid committee: 

(1) That the entire proposed blower 

package proposed had to be 

Underwriters Laboratories (UL) or CSA– 

US (NRTL) certified in order to be 

approved by the State Fire Marshall for 

installation at the facility; 

(2) That the manufacturer 

demonstrated experience with installed 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 31033 

aeration blowers in US wastewater 

treatment plants; and 

(3) That their process include site 

specific blower monitoring, control and 

automation using dissolved oxygen, air 

flow, and pressure sensing to achieve 

appropriate aerobic treatment levels. 

A Request for Information (RFI) 

solicitation was published in the New 

Hampshire Union Leader newspaper 

and sent directly to four (4) known 

manufacturers of air-bearing turbo 

aeration blowers. Three of the four 

manufacturers responded to the RFI. 

According to the WRBB, the fourth 

manufacturer did not formally submit a 

RFI because its air-bearing turbo 

aeration blower was not yet in 

production and it would not be able to 

provide the required scope of supply. 

One mandatory requirement 

identified by the pre-bid selection 

committee was that the entire blower 

package proposed had to be UL or CSA– 

US (NRTL) certified in order to be 

approved by the State Fire Marshall for 

installation at this state-operated 

wastewater treatment facility. The time 

for meeting required certifications was 

deemed critical by the WRBB preselection committee in order to 

incorporate the pre-selected blower into 

the construction contract documents so 

that the contract award could meet the 

‘‘ready to proceed’’ ARRA requirements. 

APG–Neuros was the only manufacturer 

that met this requirement at the time of 

the RFI submittal. The other two 

manufacturers did not have this 

certification at the time of the RFI 

submittal nor did they indicate whether 

they would proceed to obtain the 

necessary certification. 

One of the highest priority 

requirements identified by the preselection committee was demonstrated 

experience with numerous installed 

aeration blowers in wastewater 

treatment plants within the United 

States. According to the WRBB, 

wastewater aeration processes, as 

approved by the State through 

operational and design requirements, 

require the facility to include 

appropriate site specific blower 

monitoring, control and automation 

using dissolved oxygen, air flow, and 

pressure sensing to achieve appropriate 

aerobic treatment levels. Only one 

manufacturer, APG-Neuros, had a 

multiple year turbo aeration blower 

manufacturing history, including over 

sixty-five (65) aeration blower 

installations at US wastewater treatment 

plants, and provided additional 

verifiable documentation of their ability 

to automate the process using dissolved 

oxygen, air flow, and pressure sensing. 

The other two manufacturers that were 

evaluated, including the US-based 

manufacturer, did not cite or propose 

any experience with automated 

dissolved oxygen control as required in 

the specifications for this facility for 

aerobic wastewater treatment supplied 

with the RFI. Based upon conformance 

with identified mandatory and critical 

parameters, as well as the scoring for 

additional technical requirements, the 

twelve member pre-bid selection 

committee unanimously selected APG– 

Neuros, Inc. as the highest scoring 

respondent to the RFI. 

APG–Neuros of South Korea was the 

only manufacturer that met the 

technical design specifications set forth 

in the RFI, and had a verifiable history 

of supplying air bearing turbo aeration 

blowers for US wastewater treatment 

plant applications. It was the only 

manufacturer that had current UL/CSA– 

US certifications for their proposed air 

bearing turbo aeration blowers package 

systems as required for installation at 

State of New Hampshire operated 

facilities. The other two responding 

manufacturers did not meet any of these 

critical requirements. 

Based on the information provided to 

EPA from the WRBB, and to the best of 

our knowledge at the time of the review, 

there do not appear to be other air 

bearing turbo aeration blowers currently 

manufactured in the United States 

available to meet the WRBB’s exact 

technical specifications and 

requirements. 

In addition, the WRBB is highly 

ranked on New Hampshire’s Intended 

Use Plan due in part to the highly 

energy efficient air bearing turbo 

aeration blower components in this 

project. The electric energy savings from 

using these turbo blowers is projected to 

result in an estimated 50–54% 

reduction in power compared to the 

existing blowers. This reduction will 

result in a savings of 548,000 kilowatthours of electricity use per year for an 

estimated 18–19% reduction in the total 

energy consumption required for the 

wastewater treatment plant operation. 

Requiring a less efficient product 

would be contrary to Congress’ explicit 

and specific intent to achieve greater 

energy efficiency as stated in the SRFspecific 20% Green Project Reserve 

requirements of Title VII of the ARRA. 

Furthermore, the purpose of the ARRA 

is to stimulate economic recovery by 

funding current infrastructure 

construction, not to delay projects that 

are already ‘‘shovel ready’’ by requiring 

potentially eligible SRF recipients such 

as the WRBB to revise their standards 

and specifications and to start the 

bidding process again. The imposition 

of ARRA Buy American requirements in 

this case would result in unreasonable 

delay for this project. To delay this 

construction would directly conflict 

with a fundamental economic purpose 

of ARRA, which is to create or retain 

jobs. 

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’ ’’ 

(‘‘Memorandum’’), 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 same Memorandum 

defines satisfactory quality as ‘‘the 

quality of steel, iron or manufactured 

good specified in the project plans and 

designs.’’ 

The Municipal Assistance Unit (CMU) 

has reviewed this waiver request and 

has determined that the supporting 

documentation provided by the WRBB 

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 WRBB’s technical 

specifications, a waiver from the ARRA 

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 WRBB is hereby granted a waiver 

from the Buy American requirements of 

Section 1605(a) of Public Law 111–5 for 

the purchase of air bearing turbo 

aeration blowers and an associated main 

blower control panel manufactured 

outside of the United States by APGNeuros of South Korea. This 

supplementary information constitutes 


sroberts on PROD1PC70 with NOTICES
31034 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices 

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: June 22, 2009. 

Ira W. Leighton, 

Acting Regional Administrator, Region I, New 

England. 

[FR Doc. E9–15318 Filed 6–26–09; 8:45 am] 

BILLING CODE 6560–50–P 

FARM CREDIT ADMINISTRATION 

Farm Credit Administration Board; 

Regular Meeting 

AGENCY: Farm Credit Administration. 

SUMMARY: Notice is hereby given, 

pursuant to the Government in the 

Sunshine Act (5 U.S.C. 552b(e)(3)), of 

the regular meeting of the Farm Credit 

Administration Board (Board). 

DATE AND TIME: The regular meeting of 

the Board will be held at the offices of 

the Farm Credit Administration in 

McLean, Virginia, on July 9, 2009, from 

9 a.m. until such time as the Board 

concludes its business. 

FOR FURTHER INFORMATION CONTACT: 

Roland E. Smith, Secretary to the Farm 

Credit Administration Board, (703) 883– 

4009, TTY (703) 883–4056. 

ADDRESSES: Farm Credit 

Administration, 1501 Farm Credit Drive, 

McLean, Virginia 22102–5090. 

SUPPLEMENTARY INFORMATION: Parts of 

this meeting of the Board will be open 

to the public (limited space available), 

and parts will be closed to the public. 

In order to increase the accessibility to 

Board meetings, persons requiring 

assistance should make arrangements in 

advance. The matters to be considered 

at the meeting are: 

Open Session 

A. Approval of Minutes 

• June 11, 2009 

B. New Business 

• Farm Credit System Compensation 

Committees—Proposed Bookletter; 

• Determining Eligibility and Scope 

of Financing for Limited Liability 

Companies—Proposed Bookletter; 

• Borrower Rights—Frequently Asked 

Questions. 

C. Reports 

• Office of Examination Quarterly 

Report 

Closed Session* 

• Update on Office of Examination 

Oversight Activities 

*Session Closed—Exempt pursuant to 5 

U.S.C. 552b(c)(8) and (9). 

Dated: June 24, 2009. 

Roland E. Smith, 

Secretary, Farm Credit Administration Board. 

[FR Doc. E9–15448 Filed 6–25–09; 4:15 pm] 

BILLING CODE 6705–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Notice of Agency Meeting 

Pursuant to the provisions of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b), notice is hereby given that 

at 10 a.m. on Tuesday, June 23, 2009, 

the Board of Directors of the Federal 

Deposit Insurance Corporation met in 

open session to consider the following 

matters: 

Summary Agenda 

Disposition of minutes of previous 

Board of Directors’ Meetings. 

Summary reports, status reports, 

reports of the Office of Inspector 

General, and reports of actions taken 

pursuant to authority delegated by the 

Board of Directors. 

Memorandum and resolution re: 

Interagency Interim Rule on Capital 

Maintenance: Residential Mortgage 

Loans Modified Pursuant to the Making 

Home Affordable Program of the U.S. 

Department of Treasury. 

Memorandum and resolution re: 

Notice of Proposed Rulemaking 

regarding Proposed Interagency 

Guidance—Funding and Liquidity Risk 

Management. 

Discussion Agenda 

Memorandum and resolution re: 

Notice of Proposed Rulemaking on the 

Transaction Account Guarantee 

Program. 

Memorandum and resolution re: Joint 

Notice of Proposed Rulemaking: 

Amendment to the Community 

Reinvestment Act Regulation. 

Memorandum and resolution re: Final 

Rule on Annual Audit and Reporting 

Requirements (Part 363) and Related 

Technical Amendment to (Part 308, 

Subpart U). 

In calling the meeting, the Board 

determined, on motion of Vice 

Chairman Martin J. Gruenberg, 

seconded by Director Thomas J. Curry 

(Appointive), and concurred in by 

Director John C. Dugan (Director, 

Comptroller of the Currency), Director 

John E. Bowman (Acting Director, Office 

of Thrift Supervision), and Chairman 

Sheila C. Bair, that Corporation business 

required its consideration of the matters 

on less than seven days’ notice to the 

public; and that no earlier notice of the 

meeting than that previously provided 

on June 19, 2009, was practicable. 

The meeting was held in the Board 

Room of the FDIC Building located at 

550—17th Street, NW., Washington, DC. 

Dated: June 23, 2009. 

Federal Deposit Insurance Corporation. 

Valerie J. Best, 

Assistant Executive Secretary. 

[FR Doc. E9–15375 Filed 6–25–09; 11:15 am] 

BILLING CODE; P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Notice of Agency Meeting 

Pursuant to the provisions of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b), notice is hereby given that 

at 10:40 a.m. on Tuesday, June 23, 2009, 

the Board of Directors of the Federal 

Deposit Insurance Corporation met in 

closed session to consider matters 

related to the Corporation’s corporate, 

supervisory, and resolution activities. 

In calling the meeting, the Board 

determined, on motion of Vice 

Chairman Martin J. Gruenberg, 

seconded by Director John E. Bowman 

(Acting Director, Office of Thrift 

Supervision), concurred in by Director 

John C. Dugan (Comptroller of the 

Currency), Director Thomas J. Curry 

(Appointive), and Chairman Sheila C. 

Bair, that Corporation business required 

its consideration of the matters which 

were to be the subject of this meeting on 

less than seven days’ notice to the 

public; that no earlier notice of the 

meeting was practicable; that the public 

interest did not require consideration of 

the matters in a meeting open to public 

observation; and that the matters could 

be considered in a closed meeting by 

authority of subsections (c)(2), (c)(4), 

(c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and 

(c)(10) of the ‘‘Government in the 

Sunshine Act’’ (5 U.S.C. 552b(c)(2), 

(c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), 

and (c)(10)). 

The meeting was held in the Board 

Room of the FDIC Building located at 

550 17th Street, NW., Washington, DC. 

Dated: June 23, 2009. 

Federal Deposit Insurance Corporation. 

Valerie J. Best, 

Assistant Executive Secretary. 

[FR Doc. E9–15376 Filed 6–25–09; 11:15 am] 

BILLING CODE P 


sroberts on PROD1PC70 with NOTICES