31732 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 

Abstract: Section 1414(c)(3)(A) of the 

Safe Drinking Water Act requires that 

each state (a term that includes states, 

commonwealths and territories) that has 

primary enforcement authority under 

the Act shall prepare, make readily 

available to the public, and submit to 

the Administrator of EPA, an annual 

report of violations of national primary 

drinking water regulations in the State. 

These Annual State Public Water 

System Compliance Reports are to 

include violations of maximum 

contaminant levels, treatment 

requirements, variances and 

exemptions, and monitoring 

requirements determined to be 

significant by the Administrator after 

consultation with the states. To 

minimize a state’s burden in preparing 

its annual statutorily-required report, 

EPA issued guidance that explains what 

Section 1414(c)(3)(A) requires and 

provides model language and reporting 

templates. EPA also annually makes 

available to the states a computer query 

that generates for each state (from 

information states are already separately 

required to submit to EPA’s national 

database on a quarterly basis) the 

required violations information in a 

table consistent with the reporting 

template in EPA’s guidance. 

Affected Entities: Entities potentially 

affected by this action are states, tribes, 

and territories that have primary 

enforcement authority and meet the 

definition of ‘‘state’’ under the Safe 

Drinking Water Act (Act). 

Estimated Number of Respondents: 

56. 

Frequency of Response: Annually. 

Estimated Total Annual Hour Burden: 

4,480 hours. 

Estimated Total Annual Cost: 

$280,000. This includes an estimated 

burden cost of $280,000 and an 

estimated cost of $0 for capital 

investment or maintenance and 

operational costs. 

Changes in the Estimates: There is a 

decrease of 80 hours in the total 

estimated hour burden currently 

identified in the OMB inventory of 

Approved ICR Burden. This is due to 

the fact that the number of respondents 

included in the current approved ICR 

incorrectly counted the burden of the 

District of Columbia as a respondent, 

when that burden is done by EPA, not 

the District of Columbia. The hour 

burden for each respondent is estimated 

as 80 hours. 

EPA will consider any comments 

received and may amend any of the 

above ICR, as appropriate. Then the 

final ICR packages will be submitted to 

OMB for review and approval pursuant 

to 5 CFR 1320.12. At that time, EPA will 

issue one Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR(s) 

to OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about any of the 

above or the approval process, please 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: June 23, 2009. 

Lisa C. Lund, 

Director, Office of Compliance. 

[FR Doc. E9–15683 Filed 7–1–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8925–6] 

American Recovery and Reinvestment 

Act of 2009 (Recovery Act) 

Clarification of April 30, 2009 

Addendum to Supplemental Funding 

for Brownfields Revolving Loan Fund 

(RLF) Grantees 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA published a notice on 

April 30, 2009 concerning the 

applicability of Title XVI, section 1605 

of the Recovery Act (‘‘Buy American’’), 

to loans and subgrants that would be 

made with approximately $40 million in 

Recovery Act funding the Agency will 

use to supplement Revolving Loan Fund 

capitalization grants previously 

awarded competitively under section 

104(k)(3) of the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA). The April 

30, 2009 notice stated that ‘‘remediation 

activities conducted with RLF 

supplemental funds by private sector 

developers, non-profit organizations or 

other non-governmental borrowers or 

subgrantees, and tribes, are not public 

buildings or public works for the 

purposes of the Buy American provision 

of the Recovery Act as implemented at 

subpart B of 2 CFR part 176.’’ This 

notice clarifies that statement. If a nongovernmental or tribal borrower or 

subgrantee uses RLF supplemental 

funds to remediate a public building or 

public work as defined by the Office of 

Management and Budget (OMB) 

regulations, the Buy American provision 

of the Recovery Act will apply to that 

loan or subgrant. 

DATES: This action is effective July 2, 

2009. 

FOR FURTHER INFORMATION CONTACT: Debi 

Morey, U.S. EPA, Office of Solid Waste 

and Emergency Response, Office of 

Brownfields and Land Revitalization, 

(202) 566–2735 or the appropriate 

Brownfields Regional Contact. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 17, 2009, President 

Barack Obama signed the American 

Recovery and Reinvestment Act of 2009 

(Pub. L. 111–05) (Recovery Act). Title 

XVI, section 1605 of the Recovery Act, 

(‘‘Buy American’’) prohibits the use of 

Recovery Act funds for projects 

involving ‘‘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 certain specified 

exceptions apply. OMB has issued 

regulations at subpart B of 2 CFR part 

176 implementing the Recovery Act Buy 

American provision. 

EPA received $100 million in 

Recovery Act appropriations for the 

CERCLA 104(k) Brownfields Program of 

which 25% must be used at brownfields 

sites contaminated with petroleum. As 

indicated in EPA’s April 10, 2009 notice 

(74 FR 16386), the Agency has allocated 

approximately $40 million of Recovery 

Act funds for supplemental funding of 

current RLF grantees as authorized by 

CERCLA 104(k)(4). On April 30, 2009, 

EPA issued a notice (74 FR 19954) 

regarding the applicability of the Buy 

American provision of the Recovery Act 

to this supplemental funding. The April 

30 notice stated that, ‘‘It is possible that 

a limited amount of RLF supplemental 

funding will be used directly by nonfederal governmental entity borrowers 

or subgrantees to install concrete or 

asphalt (or similar material) caps to 

remediate contamination on 

brownfields on a public building or 

public work, as defined at 2 CFR 

176.140(a), or to construct alternative 

drinking water systems as part of the 

remedy at a brownfields site * * *. 

Construction of alternate drinking water 

systems by a non-federal governmental 

entity with RLF supplemental funding 

would be a public work under 2 CFR 

176.140(a) * * *. Please note that in 

accordance with 2 CFR 176.140(a), 

remediation activities conducted with 

RLF supplemental funds by private 

sector developers, non-profit 

organizations or other nongovernmental borrowers or subgrantees, 

and tribes are not public buildings or 

public works for the purposes of the 

Buy American provision of the Recovery 

Act as implemented at subpart B of 2 

CFR part 176.’’ Upon further review, 

EPA has determined that when a nongovernmental borrower or subgrantee 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 31733 

uses RLF supplemental funds for 

remediation activities at a public 

building or to carry out a public work, 

the Buy American provisions of the 

Recovery Act apply. For example, if a 

private sector developer were to use an 

RLF loan to install a cap at a public 

building, the Buy American provisions 

of the Recovery Act would apply. 

Similarly, if a non-profit RLF subgrantee 

were to construct an alternate drinking 

water system connected to a public 

system as part of a remedial action at a 

brownfield site, the Buy American 

provisions of the Recovery Act would 

apply to the loan or subgrant. There may 

be other situations in which the Buy 

American provisions apply to the use of 

RLF supplemental funds by nongovernmental borrowers and 

subgrantees for remediation activities at 

public buildings or public works as 

well. 

Statutory and Executive Order 

Reviews: Under Executive Order 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore not subject to 

OMB review. Because this grant action 

is not subject to notice and comment 

requirements under the Administrative 

Procedures Act or any other statute, it 

is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) or 

sections 202 and 205 of the Unfunded 

Mandates Reform Act of 1999 (UMRA) 

(Pub. L. 104–4). In addition, this action 

does not significantly or uniquely affect 

small governments. Although this action 

does not generally create new binding 

legal requirements, where it does, such 

requirements do not substantially and 

directly affect Tribes under Executive 

Order 13175 (63 FR 67249, November 9, 

2000). Although this grant action does 

not have significant Federalism 

implications under Executive Order 

13132 (64 FR 43255, August 10, 1999), 

EPA consulted with states in the 

development of these grant guidelines. 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), because it is 

not a significant regulatory action under 

Executive Order 12866. This action does 

not involve technical standards; thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). The Congressional 

Review Act (5 U.S.C. 801 et seq.) 

generally provides that before certain 

actions may take effect, the agency 

promulgating the action must submit a 

report, which includes a copy of the 

action, to each House of the Congress 

and to the Comptroller General of the 

United States. Since this grant action, 

when finalized, will contain legally 

binding requirements, it is subject to the 

Congressional Review Act, and EPA will 

submit its final action in its report to 

Congress under the Act. 

Dated: June 23, 2009. 

David R. Lloyd, 

Director, Office of Brownfields and Land 

Revitalization, Office of Solid Waste and 

Emergency Response. 

[FR Doc. E9–15688 Filed 7–1–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8594–9] 

Environmental Impact Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–1399 or http://www.epa.gov/ 

compliance/nepa/. 

Weekly receipt of Environmental Impact 

Statements 

Filed June 22, 2009 through June 26, 

2009 

Pursuant to 40 CFR 1506.9. 

EIS No. 20090215, Final EIS, AFS, MT, 

Miller West Fisher Project, Proposes 

Land Management Activities, 

including Timber Harvest, Access 

Management, Road Storage and 

Decommissioning, Prescribed Burning 

and Precommercial Thinning, Miller 

Creek, West Fisher Creek and the 

Silver Butte Fisher River, Libby 

Ranger District, Kootenai National 

Forest, Lincoln County, MT, Wait 

Period Ends: 08/03/2009 Contact: 

Leslie McDougall 406–293–7773. 

EIS No. 20090216, Final EIS, COE, MS, 

PROGRAMMATIC EIS—Mississippi 

Coastal Improvements Program 

(MsCIP), Comprehensive Plan, 

Implementation, Hancock, Harrison 

and Jackson Counties, MS, Wait 

Period Ends: 08/03/2009, Contact: Dr. 

Susan Ivester Rees 251–694–4141. 

EIS No. 20090217, Final EIS, AFS, AK, 

Logjam Timber Sale Project, Proposes 

Timber Harvesting from 4 Land Use 

Designations, Tongass Land and 

Resource Management Plan, Thorne 

Bay Ranger District, Tongass National 

Forest, Prince of Wales Island, AK, 

Wait Period Ends: 08/03/2009, 

Contact: Frank Roberts 907–828–3250. 

EIS No. 20090218, Final EIS, NRC, PA, 

GENERIC—License Renewal of 

Nuclear Plants, Supplement 37 

NUREG–1437, Regarding Three Mile 

Island Nuclear Station, Unit 1, 

Dauphin County, PA, Wait Period 

Ends: 08/03/2009, Contact: Sarah 

Lopas 301–415–1147. 

EIS No. 20090219, Final EIS, USA, GA, 

Maneuver Center of Excellence at Fort 

Benning Project, Proposed 

Community Services, Personnel 

Support, Classroom Barracks, and 

Dining Facilities would be 

Constructed in three of the four 

Cantonment Areas, Fort Benning, GA, 

Wait Period Ends: 08/03/2009, 

Contact: Jennifer Shore 703–602– 

4238. 

EIS No. 20090220, Second Final 

Supplement, NOA, Amendment 10 

Atlantic Mackerel, Squid, Butterfish 

Fishery Management Plan, 

Development of a Rebuilding Program 

that Allows Butterfish Stock to 

Rebuild in the Shortest Time Possible, 

Exclusive Economic Zone (EEZ), off 

the U.S. Atlantic Coast, Wait Period 

Ends: 08/05/2009, Contact: Patricia 

Kurkul 978–281–9250. 

EIS No. 20090221, Draft EIS, AFS, WI, 

Northwest Sands Restoration Project, 

Restoring the Pine Barren Ecosystem, 

Implementation, Washburn District 

Ranger, Chequamegon-Nicolet 

National Forest, Bayfield County, WI, 

Comment Period Ends: 08/17/2009, 

Contact: Jennifer Maziasz 715–373– 

2667 ext. 235. 

Amended Notices 

EIS No. 20090190, Draft EIS, AFS, OR, 

Wallowa-Whitman National Forest 

Travel Management Plan, Designate 

Roads Trails and Areas for Motor 

Vehicle User, Baker, Grant, Umatilla, 

Union and Wallowa Counties, OR, 

Comment Period Ends: 08/18/2009, 

Contact: Cindy Whitlock 541–962– 

8501 Revision to FR Notice Published 

06/19/2009: Extending Comment 

Period from 08/17/2009 to 08/18/ 

2009. 

Dated: June 29, 2009. 

Robert W. Hargrove, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. E9–15693 Filed 7–1–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8595–1] 

Environmental Impact Statements and 

Regulations; Availability of EPA 

Comments 

Availability of EPA comments 

prepared pursuant to the Environmental