Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Sharon Elementary School Water System, Sharon, VT, 37221-37222 [E9-17931]
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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices
there is no reasonable and less
environmentally damaging practicable
alternative for achieving the
Congressional directive than to locate a
sector gate adjacent to the Bayou aux
Carpes CWA 404(c) site.
In consideration of the above
information, EPA believes that
compelling circumstances justify a
modification of the 1985 Bayou aux
Carpes CWA Section 404(c) designation,
that there are no less environmentally
damaging practicable alternatives that
would adequately address those
circumstances, and that all feasible
means of minimizing adverse wetland
effects to the Bayou aux Carpes site will
be implemented. Therefore, EPA is
modifying the 1985 Bayou aux Carpes
CWA 404(c) Final Determination with
conditions to allow for discharges
associated with construction of the West
Closure Complex on the Bayou aux
Carpes site as described in the Corps’
November 4, 2008, request for
modification. EPA believes that this
Final Determination for modification
achieves a balance between the national
interest in reducing overwhelming flood
risks to the people and critical
infrastructure of south Louisiana while
minimizing any damage to the Bayou
aux Carpes CWA Section 404(c) area to
the maximum degree possible in order
to avoid unacceptable adverse effects.
Dated: July 21, 2009.
Michael H. Shapiro,
Acting Assistant Administrator for Water.
[FR Doc. E9–17928 Filed 7–27–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8935–8]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Sharon Elementary School Water
System, Sharon, VT
mstockstill on DSKH9S0YB1PROD with NOTICES
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 Sharon
Elementary School Water System in
Sharon, Vermont for the purchase of
NSF–55 Class A certified Ultra Violet
VerDate Nov<24>2008
19:36 Jul 27, 2009
Jkt 217001
(UV) disinfection equipment. This is
project specific waiver and only applies
to the use of the specified 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
project specific circumstances. The UV
disinfection equipment under
consideration is manufactured outside
of the United States by two companies
based in Canada and meets the water
system’s technical and design
specifications. The Acting Regional
Administrator is making this
determination based on the review and
recommendations of the Municipal
Assistance Unit. The Sharon Elementary
School Water System 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 the ARRA. This
action permits the purchase of specific
UV disinfection equipment for the
proposed project being implemented by
the Sharon Elementary School Water
System.
DATES: Effective Date: July 17, 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 Sharon Elementary
School Water System (the ‘‘System’’) in
Sharon, Vermont for the acquisition of
NSF–55 Class A certified Ultra Violet
(UV) disinfection equipment
manufactured outside of the United
States.
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, or unless a waiver is
provided to the recipient by the head of
the appropriate agency, here EPA. A
waiver may be provided if EPA
determines 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
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
37221
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 State of Vermont requires that
water supply installations must comply
with the Vermont Standards for Water
System Design, Construction and
Protection (Vermont Water Supply
Rule—Chapter 21). In order to meet
these standards the State of Vermont
requires public water systems using UV
disinfection to use National Sanitation
Foundation (NSF) Standard 55
(Ultraviolet Microbial Water Treatment
Systems) Class A certified UV
equipment. The State of Vermont,
Agency of Natural Resources, Water
Supply Division (VTANR) has identified
three lines of UV disinfection systems
with NSF–55 Class A certification, all
manufactured in Canada. Two of the
three include the UV Pure Hallett 15xs
ultraviolet water system, as well as the
Trojan Technologies Sterilight SPV 200
series units. The design engineer and
the VTANR have conducted research
and determined that there are no
domestic manufacturers that have NSF–
55 Class A certification at the time of
this waiver request.
The design engineer for the System
indicated that he chose to use four
Hallett 15xs (15 gpm) UV units for the
school buildings and one Sterilight SPV
200 (2 gpm) UV unit for a remote
location which receives its water supply
from the school well. The designs also
took into account the limited space
available for retrofitting the water
supply and distribution systems, as well
as the attributes of the specific
equipment. The estimated cost for all of
the UV equipment for the proposed
project was under $10,000.
The System’s submission clearly
articulates functional reasons for its
technical specifications and
requirements, 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
E:\FR\FM\28JYN1.SGM
28JYN1
mstockstill on DSKH9S0YB1PROD with NOTICES
37222
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices
plans and design’’. After extensive
research by the design engineer and the
VTANR, the system has provided
information to the EPA representing that
there is currently no other UV
disinfection equipment from a domestic
manufacturer available to meet the
System’s exact design 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 utilities,
such as the Sharon Elementary School
Water System, 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 construction must be completed by
late August when the students return for
the new school year.
EPA’s national contractor prepared a
technical assessment report dated June
19, 2009 based on the waiver request
submitted and supporting
documentation. The report determined
that the waiver request submittal was
complete, that adequate technical
information was provided, and that
there were no significant weaknesses in
the justification provided. The report
confirmed the waiver applicant’s claim
that NSF Standard 55 Class A UV
disinfection equipment of the size
specified are not available from a
domestic manufacturer.
The Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the supporting
documentation provided by the Sharon
Elementary School Water District is
sufficient to meet the criteria listed
under section 1605(b) of the ARRA 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) of the
ARRA. 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 System’s technical
specifications and requirements, a
VerDate Nov<24>2008
19:36 Jul 27, 2009
Jkt 217001
waiver from the 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 the 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 Sharon,
Vermont Elementary School Water
System is hereby granted a waiver from
the Buy American requirements of
section 1605(a) of Public Law 111–5 for
the purchase of the specified UV
disinfection equipment using ARRA
funds as specified in the System’s
request of June 15, 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: July 17, 2009.
Ira W. Leighton,
Acting Regional Administrator, Region I, New
England.
[FR Doc. E9–17931 Filed 7–27–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8935–7]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Lewiston, ME Department of Public
Services
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 Lewiston, Maine Department of
Public Services (LMDPS) for the
purchase of a Hydroslide model DR–400
VN-Vario constant flow regulator. This
is a project specific waiver and only
applies to the use of the specified
product for the ARRA funded project
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
being proposed. Any other ARRA
project that may wish to use the same
product must apply for a separate
waiver based on project specific
circumstances. This flow regulator is
manufactured outside of the United
States by Gabriel Novac & Associates,
Inc., a company based in Canada, and
meets the LMDPS’s technical
specifications and requirements. The
Acting Regional Administrator is
making this determination based on the
review and recommendations of the
Municipal Assistance Unit. The LMDPS
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 specific
constant flow regulator for the proposed
project being implemented by the
LMDPS that may otherwise be
prohibited under Section 1605(a) of the
ARRA.
DATES: Effective Date: July 17, 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 Lewiston, Maine
Department of Public Services (LMDPS)
for the acquisition of a Hydroslide
model DR–400 VN-Vario constant flow
regulator manufactured outside of the
United States by Gabriel Novac &
Associates, Inc., a company based in
Canada.
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, or unless a waiver is
provided to the recipient by the head of
the appropriate agency, here EPA. A
waiver may be provided if EPA
determines 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;
E:\FR\FM\28JYN1.SGM
28JYN1
]]>Agencies
[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Notices]
[Pages 37221-37222]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17931]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8935-8]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Sharon Elementary School Water System, Sharon, VT
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 Sharon Elementary School Water System in
Sharon, Vermont for the purchase of NSF-55 Class A certified Ultra
Violet (UV) disinfection equipment. This is project specific waiver and
only applies to the use of the specified 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 project specific
circumstances. The UV disinfection equipment under consideration is
manufactured outside of the United States by two companies based in
Canada and meets the water system's technical and design
specifications. The Acting Regional Administrator is making this
determination based on the review and recommendations of the Municipal
Assistance Unit. The Sharon Elementary School Water System 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
the ARRA. This action permits the purchase of specific UV disinfection
equipment for the proposed project being implemented by the Sharon
Elementary School Water System.
DATES: Effective Date: July 17, 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 Sharon
Elementary School Water System (the ``System'') in Sharon, Vermont for
the acquisition of NSF-55 Class A certified Ultra Violet (UV)
disinfection equipment manufactured outside of the United States.
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, or unless a waiver is provided to the recipient by the
head of the appropriate agency, here EPA. A waiver may be provided if
EPA determines 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.
The State of Vermont requires that water supply installations must
comply with the Vermont Standards for Water System Design, Construction
and Protection (Vermont Water Supply Rule--Chapter 21). In order to
meet these standards the State of Vermont requires public water systems
using UV disinfection to use National Sanitation Foundation (NSF)
Standard 55 (Ultraviolet Microbial Water Treatment Systems) Class A
certified UV equipment. The State of Vermont, Agency of Natural
Resources, Water Supply Division (VTANR) has identified three lines of
UV disinfection systems with NSF-55 Class A certification, all
manufactured in Canada. Two of the three include the UV Pure Hallett
15xs ultraviolet water system, as well as the Trojan Technologies
Sterilight SPV 200 series units. The design engineer and the VTANR have
conducted research and determined that there are no domestic
manufacturers that have NSF-55 Class A certification at the time of
this waiver request.
The design engineer for the System indicated that he chose to use
four Hallett 15xs (15 gpm) UV units for the school buildings and one
Sterilight SPV 200 (2 gpm) UV unit for a remote location which receives
its water supply from the school well. The designs also took into
account the limited space available for retrofitting the water supply
and distribution systems, as well as the attributes of the specific
equipment. The estimated cost for all of the UV equipment for the
proposed project was under $10,000.
The System's submission clearly articulates functional reasons for
its technical specifications and requirements, 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
[[Page 37222]]
plans and design''. After extensive research by the design engineer and
the VTANR, the system has provided information to the EPA representing
that there is currently no other UV disinfection equipment from a
domestic manufacturer available to meet the System's exact design
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 utilities, such as the Sharon
Elementary School Water System, 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
construction must be completed by late August when the students return
for the new school year.
EPA's national contractor prepared a technical assessment report
dated June 19, 2009 based on the waiver request submitted and
supporting documentation. The report determined that the waiver request
submittal was complete, that adequate technical information was
provided, and that there were no significant weaknesses in the
justification provided. The report confirmed the waiver applicant's
claim that NSF Standard 55 Class A UV disinfection equipment of the
size specified are not available from a domestic manufacturer.
The Municipal Assistance Unit (CMU) has reviewed this waiver
request and has determined that the supporting documentation provided
by the Sharon Elementary School Water District is sufficient to meet
the criteria listed under section 1605(b) of the ARRA 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) of the ARRA. 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 System's technical specifications and requirements, a
waiver from the 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 the 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
Sharon, Vermont Elementary School Water System is hereby granted a
waiver from the Buy American requirements of section 1605(a) of Public
Law 111-5 for the purchase of the specified UV disinfection equipment
using ARRA funds as specified in the System's request of June 15, 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: July 17, 2009.
Ira W. Leighton,
Acting Regional Administrator, Region I, New England.
[FR Doc. E9-17931 Filed 7-27-09; 8:45 am]
BILLING CODE 6560-50-P
