Notice of a Regional Project Waiver of Section 1605 (Buy American requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Hooksett, New Hampshire Sewer Commission, 40186-40188 [E9-19194]
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Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices
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This ICR?
EPA will consider the comments
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Dated: August 5, 2009.
Kathleen Hogan,
Director, Climate Protection Partnerships
Division.
[FR Doc. E9–19188 Filed 8–10–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8943–5]
Clean Air Act Advisory Committee
(CAAAC); Request for Nominations for
2009 Clean Air Excellence Awards
Program
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Request for nominations for
Clean Air Excellence Awards.
sroberts on DSKD5P82C1PROD with NOTICES
SUMMARY: EPA established the Clean Air
Excellence Awards Program in
February, 2000. This is an annual
awards program to recognize
outstanding and innovative efforts that
support progress in achieving clean air.
This notice announces the competition
for the Year 2009 program.
DATES: All submissions of entries for the
Clean Air Excellence Awards Program
must be postmarked by September 25,
2009.
FOR FURTHER INFORMATION CONTACT:
Concerning the Clean Air Excellence
Awards Program please use the CAAAC
Web site and click on awards program
or contact Mr. Pat Childers, U.S. EPA at
202–564–1082 or 202–564–1352 (Fax),
mailing address: Office of Air and
Radiation (6102A), 1200 Pennsylvania
Avenue, NW., Washington, DC 20004.
SUPPLEMENTARY INFORMATION:
Awards Program Notice: Pursuant to
42 U.S.C. 7403(a)(1) and (2) and sections
103(a)(1) and (2) of the Clean Air Act
(CAA), notice is hereby given that the
EPA’s Office of Air and Radiation (OAR)
announces the opening of competition
VerDate Nov<24>2008
20:51 Aug 10, 2009
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for the Year 2009 ‘‘Clean Air Excellence
Awards Program’’ (CAEAP). The intent
of the program is to recognize and honor
outstanding, innovative efforts that help
to make progress in achieving cleaner
air. The CAEAP is open to both public
and private entities. Entries are limited
to the United States. There are five
general award categories: (1) Clean Air
Technology; (2) Community Action; (3)
Education/Outreach; (4) Regulatory/
Policy Innovations; (5) Transportation
Efficiency Innovations; and two special
awards categories: (1) Thomas W. Zosel
Outstanding Individual Achievement
Award; and (2) Gregg Cooke Visionary
Program Award. Awards are given on an
annual basis and are for recognition
only.
Entry Requirements: All applicants
are asked to submit their entry on a
CAEAP entry form, contained in the
CAEAP Entry Package, which may be
obtained from the Clean Air Act
Advisory Committee (CAAAC) Web site
at https://www.epa.gov/oar/caaac by
clicking on Awards Program or by
contacting Mr. Pat Childers, U.S. EPA at
202–564–1082 or 202–564–1352 Fax,
mailing address: Office of Air and
Radiation (6102A), 1200 Pennsylvania
Avenue, NW., Washington, DC 20004.
The entry form is a simple, three-part
form asking for general information on
the applicant and the proposed entry;
asking for a description of why the entry
is deserving of an award; and requiring
information from three (3) independent
references for the proposed entry.
Applicants should also submit the entry
form electronically (cd preferred) and
additional supporting documentation as
necessary. Specific directions and
information on filing an entry form are
included in the Entry Package.
Judging and Award Criteria: Judging
will be accomplished through a
screening process conducted by EPA
staff, with input from outside subject
experts, as needed. Members of the
CAAAC will provide advice to EPA on
the entries. The final award decisions
will be made by the EPA Assistant
Administrator for Air and Radiation.
Entries will be judged using both
general criteria and criteria specific to
each individual category. There are four
(4) general criteria: (1) The entry
directly or indirectly (i.e., by
encouraging actions) reduces emissions
of criteria pollutants or hazardous/toxic
air pollutants; (2) The entry
demonstrates innovation and
uniqueness; (3) The entry provides a
model for others to follow (i.e., it is
replicable); and (4) The positive
outcomes from the entry are continuing/
sustainable. Although not required to
win an award, the following general
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criteria will also be considered in the
judging process: (1) The entry has
positive effects on other environmental
media in addition to air; (2) The entry
Demonstrates effective collaboration
and partnerships; and (3) The
individual or organization submitting
the entry has effectively measured/
evaluated the outcomes of the project,
program, technology, etc. As previously
mentioned, additional criteria will be
used for each individual award
category. These criteria are listed in the
2009 Entry Package.
Dated: August 5, 2009.
Patrick Childers,
Designated Federal Official for Clean Air Act
Advisory Committee.
[FR Doc. E9–19192 Filed 8–10–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8942–9]
Notice of a Regional Project Waiver of
Section 1605 (Buy American
requirement) of the American
Recovery and Reinvestment Act of
2009 (ARRA) to the Hooksett, New
Hampshire Sewer Commission
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The EPA 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 Hooksett,
New Hampshire Sewer Commission
(‘‘HSC’’) for the purchase of a foreign
manufactured polyethylene Biofilm
chip media. HSC’s proposed upgrade of
its wastewater treatment facility
upgrade will utilize an Integrated Fixed
Film Activated Sludge (IFAS) process,
in which the AnoxKaldnesTM Biochip-M
IFAS media manufactured in Germany
by Kruger, Inc. will meet the HSC’s
design specifications. 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 project
specific circumstance. The Acting
Regional Administrator is making this
determination based on the review and
recommendations of the Municipal
Assistance Unit. The HSC through its
design engineer has provided sufficient
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Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices
documentation to support their 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 the
AnoxKaldnesTM Biochip-M IFAS media
manufactured by Kruger, Inc. by the
HSC, as specified in its May 19, 2009
waiver request, to upgrade its
wastewater treatment facility in
Hooksett, New Hampshire.
DATES: Effective Date: July 29, 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),
the EPA hereby provides notice that it
is granting a project waiver of the
requirements of Sections 1605(b)(2) of
Public Law 111–5, Buy American
requirements, to the Hooksett, New
Hampshire Sewer Commission HSC) for
the purchase of the AnoxKaldnesTM
Biochip-M IFAS media manufactured by
Kruger, Inc. in Germany, to meet the
HSC’s technical design specifications
for its wastewater treatment plant
upgrade project. The process equipment
(including installation) is estimated to
be $1.67M, with a total estimated
project cost of $6.2M.
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 or unless a waiver is
provided to the recipient by the head of
the appropriate agency, here the 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 Hooksett, New Hampshire Sewer
Commission (‘‘HSC’’), has requested
through its design engineer a waiver
from the Buy American Provision for
the purchase of a foreign manufactured
polyethylene Biofilm chip carrier
VerDate Nov<24>2008
20:51 Aug 10, 2009
Jkt 217001
element (media), as part of HSC’s
proposed wastewater treatment facility
upgrade utilizing an Integrated Fixed
Film Activated Sludge (IFAS) process.
According to HSC’s design engineer,
the rationale behind HSC’s design and
performance specifications utilizing the
IFAS process is to increase its existing
plant flow from 1.1 MGD to 2.2 MGD
without requiring the construction of
additional in-ground reinforced
concrete aeration tanks. This process
will also allow HSC to meet the current
NPDES discharge permit loading
requirements of 30 mg/L for both
Biological Oxygen Demand (BOD) and
Total Suspended Solids (TSS), as well
as newly established ammonia limits.
The specified media greatly increases
the fixed film surface area for biomass
growth over conventional activated
sludge processes resulting in additional
organic loading capability. According to
its manufacturer, Kruger, Inc., the
AnoxKaldnesTM Biochip-M IFAS media
has a very high specific surface area,
which makes it possible for the HSC to
meet new ammonia limits at the
Hooksett Wastewater Treatment Plant
without having to construct two
additional aeration tanks.
The HSC has requested a waiver of
the ARRA Buy American provisions on
the basis of unavailability of a domestic
manufactured product that will meet the
design specifications for this project,
based on the following circumstances:
1. Each AnoxKaldnesTM Biofilm chip
has an effective surface area of 366 ft 2/
ft 3. To achieve a plant flow of 2.2 MGD
and to meet the current permit limits
without constructing new aeration
tanks, 6,316,263 ft 2 of fixed film surface
area is required for attachment of the
biomass. The manufacturer of the
AnoxKaldnesTM Biofilm chip, Kruger,
Inc., actually has another type of media
that is manufactured domestically. The
U.S. made K3 media has an effective
surface area of 152 ft 2/ft 3 which would
result in slightly less fixed film surface
area, 5,597,233 ft 2, but would require
double the aeration tank volume: 64,443
cubic feet as opposed to 32,180 cubic
feet. Therefore, the use of the domestic
K3 media would result in the
construction of two additional aeration
tanks, which is contrary to the original
project premise and would not meet
project design specifications.
2. Constructing the additional
aeration tanks to accommodate the U.S.
made K3 media would not only be more
costly, but would be physically and
environmentally challenging due to
space limitations, topography, the
presence of a nearby perennial stream,
and the need to find a location for a
chemical building to be constructed
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
40187
adjacent to the existing aeration tanks.
Constructing two additional aeration
tanks would likely require the
relocation of the perennial stream,
involve creating additional
compensatory flood plain storage,
wetland restoration, extensive
earthwork on a steep slope, and
construction of stepped or cascading
retaining walls. It would also require
additional blower capacity, new process
piping, slide gates, rapid mixers for
dispersing chemicals, railings,
additional dissolved oxygen analyzers,
and the modification of a recently
constructed influent flow splitter box.
3. Results from an on-site pilot study
utilizing the AnoxKaldnesTM Biofilm
chip were provided by the HSC design
engineer. The Biofilm Chip–M media,
with an effective surface area of 366 ft 2/
ft 3, was pilot tested and demonstrated
that this total surface area was required
to meet the treatment objectives.
According to the HSC design engineer,
the plant will operate near the
maximum solids loading on the final
clarifiers and, therefore, the effective
surface area cannot be significantly
reduced. Furthermore, the IFAS tank
cannot be filled past the point where the
media movement of the carrier elements
no longer effectively moves within the
bulk liquid. The fill fraction ranges
between 33% to 55%, depending upon
the media with each manufacturer
specifying the maximum fill fraction for
their media. For the BIOFILM Chip–M,
the fill fraction is 52% for the first IFAS
reactor and 55% for the second IFAS
reactor.
The information provided to EPA by
the HSC through its design engineer was
confirmed through a technical review by
EPA’s national contractor of the
submitted documentation. To the best of
our knowledge at this time, there does
not appear to be other IFAS process
media manufactured in the United
States available to meet the HSC’s
project design specifications and
performance requirements for its
proposed wastewater treatment plant
upgrade. The applicant has provided a
list of manufacturers of various
polyethylene biofilm media, along with
effective bulk specific surface area
characteristics. The applicant has also
provided additional information from
the pilot testing to justify the 55% fill
fraction and information on the surface
area required to increase flow capacity
from 1.1 MGD to 2.2 MGD.
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’ ’’
(‘‘Memorandum’’), defines reasonably
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11AUN1
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40188
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices
available quantity as ‘‘the quantity of
iron, steel, or relevant manufactured
good that 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 same
Memorandum defines ‘‘satisfactory
quality’’ as ‘‘the quality of steel, iron or
manufactured good specified in the
project plans and designs.’’
Furthermore, the purpose of the
ARRA is to stimulate economic recovery
by funding current infrastructure
construction, not to delay projects that
are already ‘‘shovel ready’’ by requiring
potential SRF eligible recipients such as
the HSC to revise their design standards
and specifications. The imposition of
ARRA Buy American requirements in
this case would result in unreasonable
delay for this project. To delay this
construction would directly conflict
with a fundamental economic purpose
of ARRA, which is to create or retain
jobs.
The Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the supporting
documentation provided by the HSC
established both a proper basis to
specify the particular good required and
that this manufactured good was not
available from a producer in the United
States able to meet the design
specifications for the proposed project.
The information provided is sufficient
to meet the following criteria listed
under Section 1605(b) of the ARRA and
in the April 28, 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 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 HSC is hereby granted a waiver from
the Buy American requirements of
Section 1605(a) of Public Law 111–5 for
the purchase and use of the specified
polyethylene Biofilm chip carrier
element (media) documented in HSC’s
waiver request submittal dated May 19,
2009, for its proposed wastewater
treatment plant upgrade using ARRA
funds. This supplementary information
constitutes the detailed written
justification required by Section 1605(c)
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20:51 Aug 10, 2009
Jkt 217001
for waivers based on a finding under
subsection (b).
Authority: Public Law 111–5, section 1605.
Dated: July 29, 2009.
Ira W. Leighton,
Acting Regional Administrator, Region I, New
England.
[FR Doc. E9–19194 Filed 8–10–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Public Information Collection
Requirement Submitted to OMB for
Review and Approval, Comments
Requested
August 5, 2009.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden,
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection, as
required by the Paperwork Reduction
Act of 1995, Public Law 104–13. An
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid control number.
Comments are requested concerning (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before September 10,
2009. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contacts listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via Internet at
Nicholas_A._Fraser@omb.eop.gov or via
fax at (202) 395–5167 and to Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
Street, SW., Washington, DC or via
Internet at Cathy.Williams@fcc.gov or
PRA@fcc.gov. To view a copy of this
information collection request (ICR)
submitted to OMB: (1) Go to the Web
page https://www.reginfo.gov/public/do/
PRAMain, (2) look for the section of the
Web page called ‘‘Currently Under
Review,’’ (3) click on the downwardpointing arrow in the ‘‘Select Agency’’
box below the ‘‘Currently Under
Review’’ heading, (4) select ‘‘Federal
Communications Commission’’ from the
list of agencies presented in the ‘‘Select
Agency’’ box, (5) click the ‘‘Submit’’
button to the right of the ‘‘Select
Agency’’ box, (6) when the list of FCC
ICRs currently under review appears,
look for the title of this ICR (or its OMB
control number, if there is one) and then
click on the ICR Reference Number to
view detailed information about this
ICR.’’
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection(s), contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0010.
Title: Ownership Report for
Commercial Broadcast Stations.
Form Number: FCC Form 323.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for
profit entities; not-for-profit institutions;
State, Local or Tribal Governments.
Number of Respondents/Responses:
9,250 respondents, 9,250 responses.
Estimated Time per Response: 1.5 to
2.5 hours.
Frequency of Response:
Recordkeeping requirement; on
occasion reporting requirement;
Biennially reporting requirement.
Total Annual Burden: 21,375 hours.
Total Annual Costs: $14,670,000.
Nature of Response: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in Sections
154(i), 303, and 310 of the
Communications Act of 1934, as
amended.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this information collection.
Privacy Act Impact Assessment: No
impact(s).
Needs and Uses: On December 18,
2007, the Commission adopted a Report
and Order and Third Further Notice of
Proposed Rulemaking (the ‘‘Diversity
Order’’) in MB Docket Nos. 07–294; 06–
121; 02–277; 04–228, MM Docket Nos.
01–235; 01–317; 00–244; FCC 07–217.
Consistent with actions taken by the
Commission in the Diversity Order, the
E:\FR\FM\11AUN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Notices]
[Pages 40186-40188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19194]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8942-9]
Notice of a Regional Project Waiver of Section 1605 (Buy American
requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Hooksett, New Hampshire Sewer Commission
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The EPA 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 Hooksett, New Hampshire Sewer Commission (``HSC'') for
the purchase of a foreign manufactured polyethylene Biofilm chip media.
HSC's proposed upgrade of its wastewater treatment facility upgrade
will utilize an Integrated Fixed Film Activated Sludge (IFAS) process,
in which the AnoxKaldnesTM Biochip-M IFAS media manufactured
in Germany by Kruger, Inc. will meet the HSC's design specifications.
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 project specific circumstance. The Acting
Regional Administrator is making this determination based on the review
and recommendations of the Municipal Assistance Unit. The HSC through
its design engineer has provided sufficient
[[Page 40187]]
documentation to support their 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 the AnoxKaldnesTM Biochip-M IFAS
media manufactured by Kruger, Inc. by the HSC, as specified in its May
19, 2009 waiver request, to upgrade its wastewater treatment facility
in Hooksett, New Hampshire.
DATES: Effective Date: July 29, 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), the
EPA hereby provides notice that it is granting a project waiver of the
requirements of Sections 1605(b)(2) of Public Law 111-5, Buy American
requirements, to the Hooksett, New Hampshire Sewer Commission HSC) for
the purchase of the AnoxKaldnesTM Biochip-M IFAS media
manufactured by Kruger, Inc. in Germany, to meet the HSC's technical
design specifications for its wastewater treatment plant upgrade
project. The process equipment (including installation) is estimated to
be $1.67M, with a total estimated project cost of $6.2M.
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 or unless a waiver is provided to the recipient by the
head of the appropriate agency, here the 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 Hooksett, New Hampshire Sewer Commission (``HSC''), has
requested through its design engineer a waiver from the Buy American
Provision for the purchase of a foreign manufactured polyethylene
Biofilm chip carrier element (media), as part of HSC's proposed
wastewater treatment facility upgrade utilizing an Integrated Fixed
Film Activated Sludge (IFAS) process.
According to HSC's design engineer, the rationale behind HSC's
design and performance specifications utilizing the IFAS process is to
increase its existing plant flow from 1.1 MGD to 2.2 MGD without
requiring the construction of additional in-ground reinforced concrete
aeration tanks. This process will also allow HSC to meet the current
NPDES discharge permit loading requirements of 30 mg/L for both
Biological Oxygen Demand (BOD) and Total Suspended Solids (TSS), as
well as newly established ammonia limits.
The specified media greatly increases the fixed film surface area
for biomass growth over conventional activated sludge processes
resulting in additional organic loading capability. According to its
manufacturer, Kruger, Inc., the AnoxKaldnesTM Biochip-M IFAS
media has a very high specific surface area, which makes it possible
for the HSC to meet new ammonia limits at the Hooksett Wastewater
Treatment Plant without having to construct two additional aeration
tanks.
The HSC has requested a waiver of the ARRA Buy American provisions
on the basis of unavailability of a domestic manufactured product that
will meet the design specifications for this project, based on the
following circumstances:
1. Each AnoxKaldnesTM Biofilm chip has an effective
surface area of 366 ft \2\/ft \3\. To achieve a plant flow of 2.2 MGD
and to meet the current permit limits without constructing new aeration
tanks, 6,316,263 ft \2\ of fixed film surface area is required for
attachment of the biomass. The manufacturer of the
AnoxKaldnesTM Biofilm chip, Kruger, Inc., actually has
another type of media that is manufactured domestically. The U.S. made
K3 media has an effective surface area of 152 ft \2\/ft \3\ which would
result in slightly less fixed film surface area, 5,597,233 ft \2\, but
would require double the aeration tank volume: 64,443 cubic feet as
opposed to 32,180 cubic feet. Therefore, the use of the domestic K3
media would result in the construction of two additional aeration
tanks, which is contrary to the original project premise and would not
meet project design specifications.
2. Constructing the additional aeration tanks to accommodate the
U.S. made K3 media would not only be more costly, but would be
physically and environmentally challenging due to space limitations,
topography, the presence of a nearby perennial stream, and the need to
find a location for a chemical building to be constructed adjacent to
the existing aeration tanks. Constructing two additional aeration tanks
would likely require the relocation of the perennial stream, involve
creating additional compensatory flood plain storage, wetland
restoration, extensive earthwork on a steep slope, and construction of
stepped or cascading retaining walls. It would also require additional
blower capacity, new process piping, slide gates, rapid mixers for
dispersing chemicals, railings, additional dissolved oxygen analyzers,
and the modification of a recently constructed influent flow splitter
box.
3. Results from an on-site pilot study utilizing the
AnoxKaldnesTM Biofilm chip were provided by the HSC design
engineer. The Biofilm Chip-M media, with an effective surface area of
366 ft \2\/ft \3\, was pilot tested and demonstrated that this total
surface area was required to meet the treatment objectives. According
to the HSC design engineer, the plant will operate near the maximum
solids loading on the final clarifiers and, therefore, the effective
surface area cannot be significantly reduced. Furthermore, the IFAS
tank cannot be filled past the point where the media movement of the
carrier elements no longer effectively moves within the bulk liquid.
The fill fraction ranges between 33% to 55%, depending upon the media
with each manufacturer specifying the maximum fill fraction for their
media. For the BIOFILM Chip-M, the fill fraction is 52% for the first
IFAS reactor and 55% for the second IFAS reactor.
The information provided to EPA by the HSC through its design
engineer was confirmed through a technical review by EPA's national
contractor of the submitted documentation. To the best of our knowledge
at this time, there does not appear to be other IFAS process media
manufactured in the United States available to meet the HSC's project
design specifications and performance requirements for its proposed
wastewater treatment plant upgrade. The applicant has provided a list
of manufacturers of various polyethylene biofilm media, along with
effective bulk specific surface area characteristics. The applicant has
also provided additional information from the pilot testing to justify
the 55% fill fraction and information on the surface area required to
increase flow capacity from 1.1 MGD to 2.2 MGD.
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' '' (``Memorandum''), defines reasonably
[[Page 40188]]
available quantity as ``the quantity of iron, steel, or relevant
manufactured good that 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 same Memorandum
defines ``satisfactory quality'' as ``the quality of steel, iron or
manufactured good specified in the project plans and designs.''
Furthermore, the purpose of the ARRA is to stimulate economic
recovery by funding current infrastructure construction, not to delay
projects that are already ``shovel ready'' by requiring potential SRF
eligible recipients such as the HSC to revise their design standards
and specifications. The imposition of ARRA Buy American requirements in
this case would result in unreasonable delay for this project. To delay
this construction would directly conflict with a fundamental economic
purpose of ARRA, which is to create or retain jobs.
The Municipal Assistance Unit (CMU) has reviewed this waiver
request and has determined that the supporting documentation provided
by the HSC established both a proper basis to specify the particular
good required and that this manufactured good was not available from a
producer in the United States able to meet the design specifications
for the proposed project. The information provided is sufficient to
meet the following criteria listed under Section 1605(b) of the ARRA
and in the April 28, 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 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 HSC is hereby
granted a waiver from the Buy American requirements of Section 1605(a)
of Public Law 111-5 for the purchase and use of the specified
polyethylene Biofilm chip carrier element (media) documented in HSC's
waiver request submittal dated May 19, 2009, for its proposed
wastewater treatment plant upgrade using ARRA funds. 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 29, 2009.
Ira W. Leighton,
Acting Regional Administrator, Region I, New England.
[FR Doc. E9-19194 Filed 8-10-09; 8:45 am]
BILLING CODE 6560-50-P
