Notice of a Regional Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the West Milford Township Municipal Utilities Authority (WMTMUA), New Jersey, 5586-5588 [2010-2252]
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jlentini on DSKJ8SOYB1PROD with NOTICES
5586
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices
appear to be any Americanmanufactured ORC turbine generator
available to meet the ACSD’s project
design specifications for its North Plant
WWTP. The ACSD’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 Headquarters
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 the 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,’’ and satisfactory
quality as ‘‘the quality of iron, steel, or
the relevant manufactured good as
specified in the project plans and
designs.’’
Based on additional research
conducted by the State Revolving Fund
Program Team of the Division of
Environmental Planning and Protection
and to the best of the Region’s
knowledge at the time of the review,
there do not appear to be other ORC
turbine generators manufactured
domestically that would meet the
ACSD’s technical specifications.
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 potential
SRF eligible recipients, such as the
ACSD, to revise their design standards
and specifications. 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 the fundamental
purpose of the ARRA, which is to
preserve and create jobs and promote
economic recovery.
The State Revolving Fund Program
Team has reviewed this waiver request
and has determined that the supporting
documentation provided by the ACSD
establishes both a proper basis to
specify the particular good required and
that the manufactured good was not
available from a producer in the United
States to meet the design specifications
for the proposed project. The
information provided is sufficient to
meet the criteria listed under Section
VerDate Nov<24>2008
16:34 Feb 02, 2010
Jkt 220001
1605(b), OMB’s regulation at 2 CFR
176.100, and in the EPA Headquarters
April 28, 2009, Memorandum,
‘‘Implementation of Buy American
provisions of Public Law 111–5, the
‘American Recovery and Reinvestment
Act of 2009’:’’ 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 ACSD’s technical
specifications, a waiver from the Buy
American requirement is justified.
The Administrator’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 ACSD is hereby granted a waiver
from the Buy American requirements of
Section 1605(a) of Public Law 111–5 for
the purchase of an ORC turbine
generator from any of the following
foreign manufacturers: Turboden (Italy),
Ormat Technologies, Inc. (Israel), or
Adoratec (Germany) to meet the ACSD’s
technical design specifications for its
North Plant WWTP waste heat recovery
and on-site electricity generation project
using ARRA funds, as specified in the
ACSD’s request of September 30, 2009,
and as revised on October 28, 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: January 19, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010–2253 Filed 2–2–10; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9108–8]
Notice of a Regional Project Waiver of
Section 1605 (Buy American
Requirement) of the American
Recovery and Reinvestment Act of
2009 (ARRA) to the West Milford
Township Municipal Utilities Authority
(WMTMUA), New Jersey
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The Regional Administrator
of EPA Region 2 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 WMTMUA, New Jersey, for the
purchase of a membrane bio-reactor
(MBR) unit that uses flat-plate
membrane cartridges. The WMTMUA’s
proposed upgrade of its Awosting
Sewage Treatment Plant to a MBR
facility requires utilizing flat-plate
membrane cartridges. No United States
manufacturer produces a MBR unit with
flat-plate membrane cartridges that meet
the specifications for the project. The
only MBR unit that incorporates the flatplate membrane cartridges and meets
the WMTMUA’s specifications is
manufactured in Japan by Kubota. This
is a project specific waiver and only
applies to the use of the identified
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 the project specific
circumstances. The Regional
Administrator is making this
determination based on the review and
recommendations of the Region 2 State
Revolving Fund Program Team. The
WMTMUA 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 a Kubota MBR
unit that uses flat-plate MBR membrane
cartridges for the ARRA-funded project
being implemented by WMTMUA, New
Jersey.
DATES: Effective Date: January 19, 2010.
FOR FURTHER INFORMATION CONTACT: Jane
Leu, Environmental Engineer, (212)
637–3815, State Revolving Fund
E:\FR\FM\03FEN1.SGM
03FEN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices
Program Team, Division of
Environmental Planning and Protection,
U.S. EPA, 290 Broadway, New York, NY
10007.
SUPPLEMENTARY INFORMATION:
In accordance with ARRA Section
1605(c) and pursuant to Section
1605(b)(2) of Public Law 111–5, Buy
American requirements, the EPA hereby
provides notice that it is granting a
project waiver to the WMTMUA, New
Jersey, for the acquisition of a MBR unit
that utilizes flat-plate membrane
cartridges manufactured in Japan by
Kubota, to meet the WMTMUA’s
technical design specifications for its
sewage 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 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 WMTMUA has requested a
waiver from the Buy American
Provision for the purchase of a MBR
unit that incorporates flat-plate
membrane cartridges manufactured by
Kubota of Japan, as part of WMTMUA’s
proposed upgrade of its Awosting
Sewage Treatment Plant to a MBR
facility. The MBR unit is comprised of
flat-plate membrane cartridges,
membrane blowers, fine screens, and
other auxiliary components integral to
the efficient operation of the wastewater
treatment process. The rationale behind
WMTMUA’s design specification
requiring flat-plate MBR membrane
cartridges was based on a
comprehensive engineering evaluation
and assessment of the plate membrane
technical data analysis. The
specifications required that the MBR
membranes meet design removal
standards for conventional pollutants
and an anticipated, stringent Total
Phosphorus effluent limit resulting from
a Total Maximum Daily Loads (TMDL)
for the receiving waters. Another
criterion used was the demonstrated
installation and operation of the MBR
VerDate Nov<24>2008
16:34 Feb 02, 2010
Jkt 220001
technology. During the WMTMUA’s
design research process, information
was obtained from facility operators at
installations of similar size with several
years of operating experience. No
American manufacturer of MBR units
had a large enough installed base of
MBR membranes to demonstrate
successful operation of flat-plate MBR
membrane cartridges. The Kubota MBR
unit was determined to meet the sizing
dimensions and design of the
WMTMUA sewage treatment plant
upgrade project
The information provided to EPA by
the WMTMUA was confirmed through a
technical review by EPA’s national
contractor of the submitted
documentation. To the best of EPA’s
knowledge at this time, there does not
appear to be any Americanmanufactured MBR unit utilizing flatplate MBR membrane cartridges
available that meets the WMTMUA’s
project design specifications for its
proposed sewage treatment plant
upgrade. The WMTMUA provided a list
of membrane manufacturers with
recognized experience in treating
wastewater, with both types of
membranes, hollow fiber and flat plates
considered. The WMTMUA ’s technical
analysis included an ‘‘equivalent’’
specification, to allow the bidder to
utilize any one of the various types of
membranes (geometry of tankage for
both the membranes and the supporting
process tanks) in meeting the design
specifications. No single domestic
manufacturer was able to meet the
required geometry of the tankage and
supporting process tanks, as each
manufacturer requires its own particular
geometry. The WMTMUA’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 Headquarters
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 the 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,’’ and satisfactory
quality as ‘‘the quality of iron, steel, or
the relevant manufactured good as
specified in the project plans and
designs.’’
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
5587
Based on additional research
conducted by the State Revolving Fund
Program Team of the Division of
Environmental Planning and Protection
and to the best of the Region’s
knowledge at the time of the review,
there does not appear to be any
American-manufactured MBR unit
utilizing flat-plate MBR membrane
cartridges that meets the WMTMUA’s
exact technical specifications.
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 potential
State Revolving Fund eligible recipients,
such as the WMTMUA, to revise their
design standards and specifications. 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 the fundamental purpose of the
ARRA, which is to preserve and create
jobs and promote economic recovery.
The State Revolving Fund Program
Team has reviewed this waiver request
and has determined that the supporting
documentation provided by the
WMTMUA establishes both a proper
basis to specify the particular good
required and that the manufactured
good was not available from a producer
in the United States to meet the design
specifications for the proposed project.
The information provided is sufficient
to meet the criteria listed under Section
1605(b), OMB’s regulation at 2 CFR
176.100, and in the EPA Headquarters
April 28, 2009, Memorandum,
‘‘Implementation of Buy American
provisions of Public Law 111–5, the
‘American Recovery and Reinvestment
Act of 2009’:’’ 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
WMTMUA’s technical specifications, a
waiver from the Buy American
requirement is justified.
The Administrator’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.
E:\FR\FM\03FEN1.SGM
03FEN1
5588
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices
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 WMTMUA is hereby granted a
waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5 for the purchase of a
Kubota MBR unit that incorporates flatplate MBR membrane cartridges using
ARRA funds, as specified in the
WMTMUA ’s request of June 5, 2009.
This supplementary information
constitutes the detailed written
justification required by Section 1605(c)
for waivers ‘‘based on a finding under
subsection (b).’’
Authority: Pub. L. 111–5, section 1605.
Dated: January 19, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
FOR FURTHER INFORMATION CONTACT:
Bryan Fiedorczyk, CWSRF ARRA
Program Analyst, Grants & Strategic
Planning Unit, Office of Water &
Watersheds (OWW), (206) 553–0506,
U.S. EPA Region 10 (OWW–137), 1200
Sixth Avenue, Suite 900, Seattle, WA
98101.
[FR Doc. 2010–2252 Filed 2–2–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
SUPPLEMENTARY INFORMATION:
[FRL–9109–3]
Notice of a Regional Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the City of Richland (the City), WA for
the Purchase of Aerostrip® Fine Pore
[Bubble] Diffusers Manufactured
Outside of the United States Under the
Section 1605 Waiver Authority Based
on the Conclusion That 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
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The Acting Regional
Administrator of EPA Region 10, 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 City for the purchase of
Aerostrip® Fine Pore Diffusers supplied
by Treatment Equipment Company in
Bellevue, Washington and
manufactured in Austria. This is a
project specific waiver and only applies
to the use of the specified product for
the ARRA project being proposed. Any
other ARRA recipient that wishes to use
the same product must apply for a
VerDate Nov<24>2008
16:34 Feb 02, 2010
Jkt 220001
separate waiver based on project
specific circumstances. The applicant
indicates that Aerostrip® Fine Pore
Diffusers are the only feasible
equipment to retrofit Richland’s existing
Waste Water Treatment Facility aeration
basins. The Aerostrip® Fine Pore
Diffusers are only manufactured in
Austria. No other fine pore diffusers are
available or capable of meeting the
aeration process design requirements.
The Acting Regional Administrator is
making this determination based on the
review and recommendations of the
Grants & Strategic Planning Unit. The
City has provided sufficient
documentation to support their request.
DATES: Effective Date: December 16,
2009.
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(b)(2) of
Public Law 111–5, Buy American
requirements, to the City for the
acquisition of Aerostrip® Fine Pore
Diffusers supplied by Treatment
Equipment Company in Bellevue,
Washington and manufactured in
Austria. The applicant indicates that
Aerostrip® Fine Pore Diffusers are the
only feasible equipment to retrofit
Richland’s existing Waste Water
Treatment Facility aeration basins. The
Aerostrip® Fine Pore Diffusers are only
manufactured in Austria. No other fine
pore diffusers are available or capable of
meeting the aeration process design
requirements. 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 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
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
cost of the overall project by more than
25 percent.
This ARRA-funded project involves
upgrading the aeration system in one of
the Waste Water Treatment Facility’s
existing aeration basins, AB2
(replacement of an existing mechanical
aeration system with a fine bubble strip
membrane diffuser aeration system) and
installation of additional fine bubble
strip membrane aeration diffusers in the
facility’s other existing aeration basin,
AB1. This project will thus complete the
facility’s aeration system upgrade
originally designed (using proprietary
strip membrane diffusers) to replace the
mechanical aeration systems in the
facility’s two aeration basins. Important
objectives of the project’s improvements
are to reduce energy consumption by
more than 70% and reduce the
discharge of suspended solids,
biochemical oxygen demand and
nitrogen into the Columbia River.
Further requirements of the project
dictated by the constraints of the
existing facility include (1) Retrofit
installation in the existing sloped wall
basins, (2) compatibility with the
aeration diffusers installed in a previous
system upgrade, and (3) limiting the size
of the associated aeration system blower
upgrade to the available capacity of the
facility’s existing electrical system
infrastructure. The objectives described
above reflect appropriate and desirable
performance upgrades central to the
function of the facility, and are a
justifiable basis for specifications to
achieve those objectives. Similarly, the
requirements for compatibility with
various features of the existing facility
are justified as appropriate and
necessary specifications for a retrofit
project.
The applicant states that the engineer
for the original project design evaluated
fine bubble diffusers available from four
manufacturers, and concluded that the
Aerostrip® diffusers were the best
selection for the project because:
b The project would require smaller
aeration blowers since the Aerostrip®
diffusers:
Æ Generate smaller bubbles
(creating a higher oxygen transfer
surface area and efficiency).
Æ Operate at lower air flow per
surface area to provide the required
dissolved oxygen concentration to the
wastewater under aeration.
Æ Use lower minimum air flow to
open the pores of the diffuser.
b The smaller aeration blower
requirement resulting from the use of
the Aerostrip® diffusers allows the
blower equipment to be implemented
without requiring an upgrade to the
facility’s electrical power system.
E:\FR\FM\03FEN1.SGM
03FEN1
]]>Agencies
[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Notices]
[Pages 5586-5588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2252]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9108-8]
Notice of a Regional Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the West Milford Township Municipal Utilities Authority
(WMTMUA), New Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Regional Administrator of EPA Region 2 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 WMTMUA, New Jersey,
for the purchase of a membrane bio-reactor (MBR) unit that uses flat-
plate membrane cartridges. The WMTMUA's proposed upgrade of its
Awosting Sewage Treatment Plant to a MBR facility requires utilizing
flat-plate membrane cartridges. No United States manufacturer produces
a MBR unit with flat-plate membrane cartridges that meet the
specifications for the project. The only MBR unit that incorporates the
flat-plate membrane cartridges and meets the WMTMUA's specifications is
manufactured in Japan by Kubota. This is a project specific waiver and
only applies to the use of the identified 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 the project
specific circumstances. The Regional Administrator is making this
determination based on the review and recommendations of the Region 2
State Revolving Fund Program Team. The WMTMUA 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 a Kubota MBR unit that uses flat-plate MBR
membrane cartridges for the ARRA-funded project being implemented by
WMTMUA, New Jersey.
DATES: Effective Date: January 19, 2010.
FOR FURTHER INFORMATION CONTACT: Jane Leu, Environmental Engineer,
(212) 637-3815, State Revolving Fund
[[Page 5587]]
Program Team, Division of Environmental Planning and Protection, U.S.
EPA, 290 Broadway, New York, NY 10007.
SUPPLEMENTARY INFORMATION:
In accordance with ARRA Section 1605(c) and pursuant to Section
1605(b)(2) of Public Law 111-5, Buy American requirements, the EPA
hereby provides notice that it is granting a project waiver to the
WMTMUA, New Jersey, for the acquisition of a MBR unit that utilizes
flat-plate membrane cartridges manufactured in Japan by Kubota, to meet
the WMTMUA's technical design specifications for its sewage 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 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 WMTMUA has requested a waiver from the Buy American Provision
for the purchase of a MBR unit that incorporates flat-plate membrane
cartridges manufactured by Kubota of Japan, as part of WMTMUA's
proposed upgrade of its Awosting Sewage Treatment Plant to a MBR
facility. The MBR unit is comprised of flat-plate membrane cartridges,
membrane blowers, fine screens, and other auxiliary components integral
to the efficient operation of the wastewater treatment process. The
rationale behind WMTMUA's design specification requiring flat-plate MBR
membrane cartridges was based on a comprehensive engineering evaluation
and assessment of the plate membrane technical data analysis. The
specifications required that the MBR membranes meet design removal
standards for conventional pollutants and an anticipated, stringent
Total Phosphorus effluent limit resulting from a Total Maximum Daily
Loads (TMDL) for the receiving waters. Another criterion used was the
demonstrated installation and operation of the MBR technology. During
the WMTMUA's design research process, information was obtained from
facility operators at installations of similar size with several years
of operating experience. No American manufacturer of MBR units had a
large enough installed base of MBR membranes to demonstrate successful
operation of flat-plate MBR membrane cartridges. The Kubota MBR unit
was determined to meet the sizing dimensions and design of the WMTMUA
sewage treatment plant upgrade project
The information provided to EPA by the WMTMUA was confirmed through
a technical review by EPA's national contractor of the submitted
documentation. To the best of EPA's knowledge at this time, there does
not appear to be any American-manufactured MBR unit utilizing flat-
plate MBR membrane cartridges available that meets the WMTMUA's project
design specifications for its proposed sewage treatment plant upgrade.
The WMTMUA provided a list of membrane manufacturers with recognized
experience in treating wastewater, with both types of membranes, hollow
fiber and flat plates considered. The WMTMUA 's technical analysis
included an ``equivalent'' specification, to allow the bidder to
utilize any one of the various types of membranes (geometry of tankage
for both the membranes and the supporting process tanks) in meeting the
design specifications. No single domestic manufacturer was able to meet
the required geometry of the tankage and supporting process tanks, as
each manufacturer requires its own particular geometry. The WMTMUA'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 Headquarters 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 the 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,'' and satisfactory quality as ``the quality
of iron, steel, or the relevant manufactured good as specified in the
project plans and designs.''
Based on additional research conducted by the State Revolving Fund
Program Team of the Division of Environmental Planning and Protection
and to the best of the Region's knowledge at the time of the review,
there does not appear to be any American-manufactured MBR unit
utilizing flat-plate MBR membrane cartridges that meets the WMTMUA's
exact technical specifications.
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 potential State Revolving Fund
eligible recipients, such as the WMTMUA, to revise their design
standards and specifications. 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 the fundamental purpose of the
ARRA, which is to preserve and create jobs and promote economic
recovery.
The State Revolving Fund Program Team has reviewed this waiver
request and has determined that the supporting documentation provided
by the WMTMUA establishes both a proper basis to specify the particular
good required and that the manufactured good was not available from a
producer in the United States to meet the design specifications for the
proposed project. The information provided is sufficient to meet the
criteria listed under Section 1605(b), OMB's regulation at 2 CFR
176.100, and in the EPA Headquarters April 28, 2009, Memorandum,
``Implementation of Buy American provisions of Public Law 111-5, the
`American Recovery and Reinvestment Act of 2009':'' 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 WMTMUA's
technical specifications, a waiver from the Buy American requirement is
justified.
The Administrator'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.
[[Page 5588]]
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 WMTMUA is hereby
granted a waiver from the Buy American requirements of Section 1605(a)
of Public Law 111-5 for the purchase of a Kubota MBR unit that
incorporates flat-plate MBR membrane cartridges using ARRA funds, as
specified in the WMTMUA 's request of June 5, 2009. This supplementary
information constitutes the detailed written justification required by
Section 1605(c) for waivers ``based on a finding under subsection
(b).''
Authority: Pub. L. 111-5, section 1605.
Dated: January 19, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010-2252 Filed 2-2-10; 8:45 am]
BILLING CODE 6560-50-P
