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, 37222-37223 [E9-17937]
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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
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices
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.
This manufactured good will be
installed as part of the ‘‘Goff Brook
Combined Sewer Overflow (CSO)
Storage Project’’ to help reduce
combined sewer overflows. Parts for this
specific constant flow regulator device
are manufactured in Germany, will
arrive in several pieces, and require
assembly at the job site prior to
installation at a total cost of $14,700.
The Hydroslide DR–400 VN-Vario
model is a hydraulically-operated flow
control regulator that allows for
continued discharge to the downstream
sewers under normal, dry flow
conditions. Under specified wet weather
conditions, the mechanical flow control
regulator would be activated to divert
flows to a separate discharge pipe and
storage chamber to help eliminate CSOs.
CSOs currently discharge directly to a
small brook nearby, and this project is
being implemented to minimize those
occurrences. The proposed project was
designed to accommodate a one year,
six-hour rain event (approximately 2.04
inches over a 6-hour period), which is
based on historical rain data from the
area.
As represented by the LMDPS, the
project site is located in a remote rural
area with limited space and no available
electrical power. As a result, constant
flow regulators with modulating sluice
gates requiring electrical service cannot
be installed for this project. The
Hydroslide model DR–400 VN-Vario
constant flow regulator, which does not
require any electricity, maintains a preset flow rate at varying water levels
ranging from 0 to 10 feet on the
upstream side, with an adjustable flow
± 30% from the above ground. It is
operated by use of a float to control a
sliding plate to reduce the outflow area
as the water level rises. This allows full
use of the storage chamber while
maintaining a constant flow to the 18
inch outlet pipe.
According to the LMDPS, there are
only two other non-electric
manufacturers of regulators for CSO
flow control, one foreign and one
domestic. The only domestic alternative
is not feasible for several reasons: (1)
The flow rate is not adjustable; (2) the
opening is 21⁄2 inches smaller, making it
more likely to be plugged; and (3) it
does not reach its peak flow until the
water level in the tank is at its peak and
therefore would require a larger storage
volume in order to capture the same size
design storm of a one year, six hour rain
event. As a result, the domestic
VerDate Nov<24>2008
19:36 Jul 27, 2009
Jkt 217001
alternative would not be able to meet
the proposed design specifications.
If the footprint of the project needs to
be expanded to increase the storage
volume to accommodate the domestic
alternative, additional wetlands would
be required to be filled. If the storage
volume was not expanded, the tank
would overflow more frequently and
discharge a larger volume of combined
sewer effluent. This would result in a
large reduction in the environmental
benefit for which the tank is being
constructed and would not meet the
level of abatement control in the CSO
Long Term Control Plan approved by
the State of Maine.
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.’’ Based on the
information provided to EPA and to the
best of our knowledge at this time, there
do not appear to be other constant flow
regulators manufactured in the United
States available to meet the LMDPS’s
exact technical specifications and
requirements. The Hydroslide flow
regulator is self-operating, requires low
maintenance, and does not use
electricity. There do not appear to be
any American manufacturers that make
a comparable product.
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 LMDPS 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 ARRA 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.
EPA’s national contractor prepared a
technical assessment report dated June
19, 2009 based on the waiver request
submitted. 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
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
37223
that there are no comparable nonelectric domestic products that can
handle the design storm event without
overflow, and can be installed at the
proposed site without requiring
expanding the necessary storage
volume.
The Municipal Assistance Unit has
reviewed this waiver request and has
determined that the supporting
documentation provided by the LMDPS
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 Lewiston,
Maine Department of Public Services is
hereby granted a waiver from the Buy
American requirements of Section
1605(a) of Public Law 111–5 for the
purchase of a constant flow regulator
using ARRA funds as specified in the
System’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: Public Law 111–5, Section
1605.
Dated: July 17, 2009.
Ira W. Leighton,
Acting Regional Administrator, Region I, New
England.
[FR Doc. E9–17937 Filed 7–27–09; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\28JYN1.SGM
28JYN1
]]>Agencies
[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Notices]
[Pages 37222-37223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17937]
-----------------------------------------------------------------------
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
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;
[[Page 37223]]
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.
This manufactured good will be installed as part of the ``Goff
Brook Combined Sewer Overflow (CSO) Storage Project'' to help reduce
combined sewer overflows. Parts for this specific constant flow
regulator device are manufactured in Germany, will arrive in several
pieces, and require assembly at the job site prior to installation at a
total cost of $14,700. The Hydroslide DR-400 VN-Vario model is a
hydraulically-operated flow control regulator that allows for continued
discharge to the downstream sewers under normal, dry flow conditions.
Under specified wet weather conditions, the mechanical flow control
regulator would be activated to divert flows to a separate discharge
pipe and storage chamber to help eliminate CSOs. CSOs currently
discharge directly to a small brook nearby, and this project is being
implemented to minimize those occurrences. The proposed project was
designed to accommodate a one year, six-hour rain event (approximately
2.04 inches over a 6-hour period), which is based on historical rain
data from the area.
As represented by the LMDPS, the project site is located in a
remote rural area with limited space and no available electrical power.
As a result, constant flow regulators with modulating sluice gates
requiring electrical service cannot be installed for this project. The
Hydroslide model DR-400 VN-Vario constant flow regulator, which does
not require any electricity, maintains a pre-set flow rate at varying
water levels ranging from 0 to 10 feet on the upstream side, with an
adjustable flow 30% from the above ground. It is operated
by use of a float to control a sliding plate to reduce the outflow area
as the water level rises. This allows full use of the storage chamber
while maintaining a constant flow to the 18 inch outlet pipe.
According to the LMDPS, there are only two other non-electric
manufacturers of regulators for CSO flow control, one foreign and one
domestic. The only domestic alternative is not feasible for several
reasons: (1) The flow rate is not adjustable; (2) the opening is 2\1/2\
inches smaller, making it more likely to be plugged; and (3) it does
not reach its peak flow until the water level in the tank is at its
peak and therefore would require a larger storage volume in order to
capture the same size design storm of a one year, six hour rain event.
As a result, the domestic alternative would not be able to meet the
proposed design specifications.
If the footprint of the project needs to be expanded to increase
the storage volume to accommodate the domestic alternative, additional
wetlands would be required to be filled. If the storage volume was not
expanded, the tank would overflow more frequently and discharge a
larger volume of combined sewer effluent. This would result in a large
reduction in the environmental benefit for which the tank is being
constructed and would not meet the level of abatement control in the
CSO Long Term Control Plan approved by the State of Maine.
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.'' Based on the information provided to EPA and to the best
of our knowledge at this time, there do not appear to be other constant
flow regulators manufactured in the United States available to meet the
LMDPS's exact technical specifications and requirements. The Hydroslide
flow regulator is self-operating, requires low maintenance, and does
not use electricity. There do not appear to be any American
manufacturers that make a comparable product.
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 LMDPS 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 ARRA 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.
EPA's national contractor prepared a technical assessment report
dated June 19, 2009 based on the waiver request submitted. 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 there are no comparable
non-electric domestic products that can handle the design storm event
without overflow, and can be installed at the proposed site without
requiring expanding the necessary storage volume.
The Municipal Assistance Unit has reviewed this waiver request and
has determined that the supporting documentation provided by the LMDPS
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
Lewiston, Maine Department of Public Services is hereby granted a
waiver from the Buy American requirements of Section 1605(a) of Public
Law 111-5 for the purchase of a constant flow regulator using ARRA
funds as specified in the System'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: Public Law 111-5, Section 1605.
Dated: July 17, 2009.
Ira W. Leighton,
Acting Regional Administrator, Region I, New England.
[FR Doc. E9-17937 Filed 7-27-09; 8:45 am]
BILLING CODE 6560-50-P
