32918 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 

submitted electronically or in paper, 

will be made available for public 

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

as EPA receives them and without 

change, unless the comment contains 

copyrighted material, confidential 

business information (CBI), or other 

information whose public disclosure is 

restricted by statute. For further 

information about the electronic docket, 

go to www.regulations.gov. 

Title: NSPS for Petroleum Dry 

Cleaners (Renewal) 

ICR Numbers: EPA ICR Number 

0997.09, OMB Control Number 2060– 

0079. 

ICR Status: This ICR is scheduled to 

expire on August 31, 2009. Under OMB 

regulations, the Agency may continue to 

conduct or sponsor the collection of 

information while this submission is 

pending at OMB. An Agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

The OMB control numbers for EPA’s 

regulations in title 40 of the CFR, after 

appearing in the Federal Register when 

approved, are listed in 40 CFR part 9, 

and displayed either by publication in 

the Federal Register or by other 

appropriate means, such as on the 

related collection instrument or form, if 

applicable. The display of OMB control 

numbers in certain EPA regulations is 

consolidated in 40 CFR part 9. 

Abstract: The New Source 

Performance Standards (NSPS) for 

Petroleum Dry Cleaners (40 CFR part 60, 

subpart JJJ) were proposed on December 

14, 1982, promulgated on September 24, 

1984, and amended on October 17, 2000 

(65 FR 61773). 

The affected entities are subject to the 

General Provisions of the NSPS at 40 

CFR part 60, subpart A and any changes, 

or additions to the General Provisions 

specified at 40 CFR part 60, subpart JJJ. 

Owners or operators of the affected 

facilities must make an initial 

notification, performance tests, periodic 

reports, and maintain records of the 

occurrence and duration of any startup, 

shutdown, or malfunction in the 

operation of an affected facility, or any 

period during which the monitoring 

system is inoperative. Reports, at a 

minimum, are required semiannually. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 22 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

Respondents/Affected Entities: 

Petroleum dry cleaners. 

Estimated Number of Respondents: 

18. 

Frequency of Response: Initially. 

Estimated Total Annual Hour Burden: 

1,664. 

Estimated Total Annual Cost: 

$134,355 in labor costs exclusively. 

There are no annualized capital/startup 

costs or O&M costs associated with this 

ICR. 

Changes in the Estimates: There is no 

change in the total estimated burden 

currently identified in the OMB 

Inventory of Approved ICR Burdens. 

Apparent differences of less than 500 

hours are attributable to rounding; in 

previous years, hours were rounded to 

the nearest thousand; this ICR presents 

more exact figures. 

Dated: July 2, 2009. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. E9–16267 Filed 7–8–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8928–4] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Claywood Park Public Service 

District, West Virginia 

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 Claywood Park Public Service 

District (PSD) for the purchase of 

blowers at their Wastewater Treatment 

Plant (WWTP). These blowers are 

manufactured outside of the United 

States by Aerzen, a company based in 

Germany, and meet the PSD’s technical 

specifications. The Acting Regional 

Administrator is making this 

determination based on the review and 

recommendations of the EPA Region III, 

Water Protection Division, Office of 

Infrastructure and Assistance. The 

Claywood Park Public Service District 

has provided sufficient documentation 

to support its request. 

The Assistant Administrator of the 

EPA’s 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 type 

blowers for the proposed project being 

implemented by the Claywood Park 

Public Service District. 

DATES: Effective Date: June 8, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Robert Chominski, Deputy Associate 

Director, (215) 814–2162, or David 

McAdams, Environmental Engineer, 

(215) 814–5764, Office of Infrastructure 

& Assistance (OIA), Water Protection 

Division, U.S. EPA Region III, 1650 

Arch Street, Philadelphia, PA 19103– 

2029. 

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 Claywood Park Public Service 

District (PSD) for the acquisition of 

specialized blowers manufactured 

outside of the United States by Aerzen, 

a company based in Germany. 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 PSD has provided information to 

the EPA representing that there are 


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Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 32919 

currently no blowers manufactured in 

the United States that have the same 

product specifications in place. The 

specifications for the new blowers 

required that both the gear-end and the 

drive-end of the blowers shall be oil 

splash lubricated for minimal 

maintenance and long service life. 

Grease lubricated bearings are not 

acceptable and maximum average noise 

level, within enclosure, 76 dba 

measured at 6 locations at a distance of 

3 feet from the blower system.’’ 

Since the original WWTP was built in 

1990, additional homes in the 

community were constructed closer to 

the WWTP than existing houses had 

been. Moreover, because there is no 

additional space in the basement of the 

operations building, the two new 

blowers had to be constructed outside 

the operations building. The PSD has 

also provided information that the lownoise stand alone blower enclosure 

ensures that the plant does not become 

a noise nuisance to the Cedar Grove and 

Happy Valley Community. The Aerzenstyle blowers are the quietest blowers 

available. Given the proximity of the 

new residents and the necessary exterior 

location of the blowers, the PSD had a 

reasonable and appropriate basis to 

limit the project specification to ultraquiet blowers. 

The PSD’s submission clearly 

articulates entirely functional reasons 

for its technical specifications, and has 

provided sufficient documentation that 

the relevant manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantity and of a satisfactory quality to 

meet its technical specifications. 

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’ ’’, 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 PSD has 

incorporated specific technical design 

features for its blowers for noise, 

improved reliability and ease of 

maintenance. 

The PSD has provided information to 

the EPA representing that there are 

currently no blowers manufactured in 

the United States that have the exact 

same product specifications in place. 

Based on additional research conducted 

by the Office of Infrastructure & 

Assistance and to the best of the 

Region’s knowledge at the time of the 

review, there does not appear to be 

other blowers to meet the PSD’s exact 

technical specifications. 

Furthermore, the purpose of the 

ARRA is to stimulate economic recovery 

in part by funding current infrastructure 

construction, not to delay projects that 

are ‘‘shovel ready’’ by requiring utilities, 

such as the Claywood Park Public 

Service District, to revise their standards 

and specifications and to start the 

bidding process again. The imposition 

of ARRA Buy American requirements 

on such projects otherwise eligible for 

State Revolving Fund assistance would 

result in unreasonable delay and thus 

displace the ‘‘shovel ready’’ status for 

this project. To further delay 

construction is in direct conflict with a 

fundamental economic purpose of the 

ARRA, which is to create or retain jobs. 

The Office of Infrastructure & 

Assistance has reviewed this waiver 

request and has determined that the 

supporting documentation provided by 

the Claywood Park Public Service 

District 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 District’s technical 

specifications, a waiver from the Buy 

American requirement is justified. 

The EPA’s 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 Claywood Park 

Public Service District is hereby granted 

a waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5 for the purchase of 

blowers using ARRA funds as specified 

in the PSD’s request of April 9, 2009. 

This supplementary information 

constitutes 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 18, 2009. 

William C. Early, 

Acting Regional Administrator, U.S. 

Environmental Protection Agency, Region III. 

[FR Doc. E9–16265 Filed 7–8–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8924–4] 

Recent Posting to the Applicability 

Determination Index (ADI) Database 

System of Agency Applicability 

Determinations, Alternative Monitoring 

Decisions, and Regulatory 

Interpretations Pertaining to Standards 

of Performance for New Stationary 

Sources, National Emission Standards 

for Hazardous Air Pollutants, and the 

Stratospheric Ozone Protection 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Availability. 

SUMMARY: This notice announces 

applicability determinations, alternative 

monitoring decisions, and regulatory 

interpretations that EPA has made 

under the New Source Performance 

Standards (NSPS); the National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP); and the 

Stratospheric Ozone Protection 

Program. 

FOR FURTHER INFORMATION CONTACT: An 

electronic copy of each complete 

document posted on the Applicability 

Determination Index (ADI) database 

system is available on the Internet 

through the Office of Enforcement and 

Compliance Assurance (OECA) Web site 

at: http://www.epa.gov/compliance/ 

monitoring/programs/caa/adi.html. The 

document may be located by control 

number, date, author, subpart, or subject 

search. For questions about the ADI or 

this notice, contact Rebecca Kane at 

EPA by phone at: (202) 564–5960, or by 

e-mail at: kane.rebecca@epa.gov. For 

technical questions about the individual 

applicability determinations or 

monitoring decisions, refer to the 

contact person identified in the 

individual documents, or in the absence 

of a contact person, refer to the author 

of the document. 

SUPPLEMENTARY INFORMATION: 

Background 

The General Provisions to the NSPS 

in 40 Code of Federal Regulations (CFR) 

part 60 and the NESHAP in 40 CFR part 


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