Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Town of Cape Charles, VA, 45202-45203 [E9-21123]
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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
Pesticide
Tolerance Requested for Revocation
CFR Citation
Methomyl
Hop, dried cones
40 CFR 180.253
Naled
Cucumber
Lettuce
Tomato
Pumpkin
Squash, winter
Turnip, tops
40 CFR 180.215
Phorate
Coffee, bean, green
40 CFR 180.206
Terbufos
Coffee, bean, green
40 CFR 180.352
Dichlorvos
Tomato
40 CFR 180.235
ABC also asserts that should EPA
believe that tolerances for import
purposes are necessary, it must consult
with the U.S. Fish and Wildlife Service
to retain the tolerances listed above to
‘‘identify where unintentional take
reasonably attributable to agency actions
is having, or is likely to have, a
measurable negative effect on migratory
bird populations...’’ and ‘‘develop and
use principles, standards and practices
that will lessen the amount of
unintentional take...’’
component of the Membrane Bioreactor
(MBR) wastewater treatment process, at
its Wastewater Treatment Plant
(WWTP). Cape Charles indicates that
the MBR treatment process is necessary
to achieve the wastewater treatment
levels required by the National Pollutant
Discharge Elimination System (NPDES)
permits issued for this WWTP. The
membrane filtration equipment under
consideration is manufactured by a
company located in Canada and no
United States manufacturer produces an
alternative that meets Cape Charles’s
technical specifications. 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 the
specific project circumstances. The
Acting Regional Administrator is
making this determination based on the
review and recommendations of the
EPA Region III, Water Protection
Division, Office of Infrastructure and
Assistance. Cape Charles has provided
sufficient documentation to support its
request.
The Assistant Administrator of the
EPA’s Office of Administration and
Resources Management has concurred
on this decision to make an exception
to Section 1605 of ARRA. This action
permits the purchase of membrane
filtration cassettes for the proposed
project being implemented by Cape
Charles.
DATES: Effective Date: August 19, 2009.
FOR FURTHER INFORMATION CONTACT:
Robert Chominski, Deputy Associate
Director, (215) 814–2162, or David
McAdams, Environmental Engineer,
(215) 814–5764, Office of Infrastructure
& Assistance (OIA), Water Protection
Division, U.S. EPA Region III, 1650
Arch Street, Philadelphia, PA 19103–
2029.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c),
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 Town of Cape
Charles for the acquisition of membrane
filtration cassettes manufactured by GE
Water and Process Technologies located
in Canada. Cape Charles has been
unable to find an American made
membrane filtration cassette
manufacturer to meet its specific
wastewater 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 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.
Cape Charles’s waiver request is to
allow the purchase of three membrane
filtration cassettes for use in
improvements to its existing WWTP.
This project will upgrade its existing
WWTP by adding a new MBR treatment
process. The membrane filtration
cassette is an integral component of the
MBR treatment process because it
separates the treated wastewater from
the mixed liquor which comes from the
biological reactors, before the treated
wastewater is disinfected and
discharged. After an engineering
analysis of alternate treatment
processes, Cape Charles determined
MBR to be the most environmentally
List of Subjects
Environmental protection, Pesticides
and pest.
Dated: August 24, 2009.
Peter Caulkins,
Acting Director, Special Review and
Reregistration Division, Office of Pesticide
Programs.
[FR Doc. E9–21124 Filed 8–31–09; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL –8951–6]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Town of Cape Charles, VA
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The Acting Regional
Administrator of EPA Region III 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 Town of Cape Charles for the
purchase of membrane filtrations
cassettes, which are an integral
VerDate Nov<24>2008
21:43 Aug 31, 2009
Jkt 217001
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
E:\FR\FM\01SEN1.SGM
01SEN1
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
sound and cost effective solution. The
MBR is an advance waste water
treatment process which is designed to
meet the high quality effluent
requirements of the waste load
allocation under the NPDES permit. In
addition, in anticipation of procuring
the MBR system, Cape Charles has
already incorporated specific technical
design requirements for installation of
membrane filter cassettes with the MBR
treatment process at their WWTP,
including specific tankage footprint,
geometry and configuration. To require
Cape Charles to redesign its project
would cause an unacceptable delay to
the initiation of construction.
Cape Charles has provided
information to the EPA demonstrating
that there are no membrane filtration
cassettes manufactured in the United
States in sufficient and reasonable
quantity and of a satisfactory quality to
meet the required technical
specification. Cape Charles surveyed
forty membrane manufacturers as part of
its market research to locate domestic
manufacturers of membrane filtration
cassettes for WWTPs. It was unable to
locate any domestic manufacturers.
Most were unacceptable because their
membrane products were not designed
for domestic wastewater treatment
plants. The remaining manufacturers
either manufacture membrane materials
without providing a package system
similar to the system specified or were
foreign manufacturers.
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.’’ Cape Charles has
incorporated specific technical design
requirements for installation of
membrane filtration cassettes at its
WWTP.
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
communities, such as Cape Charles, to
revise their standards and
specifications, institute a new bidding
process, and potentially choose a more
costly, less efficient project. 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
VerDate Nov<24>2008
17:18 Aug 31, 2009
Jkt 217001
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.
Based on additional research
conducted by EPA’s Office of
Infrastructure and Assistance (OIA) in
Region III, and to the best of the
Region’s knowledge at the time of
review, there do not appear to be other
membrane filtration cassettes
manufactured domestically that would
meet Cape Charles’s technical
specification. EPA’s national contractor
prepared a technical assessment report
dated July 13, 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 American-made membrane filtration
cassettes for use in MBRs in WWTPs.
The OIA has reviewed this waiver
request and to the best of our knowledge
at the time of review has determined
that the supporting documentation
provided by Cape Charles is sufficient to
meet the criteria listed under Section
1605(b) and in the April 28, 2009,
‘‘Implementation of Buy American
provisions of Public Law 111–5, the
‘American Recovery and Reinvestment
Act of 2009’ Memorandum:’’ Iron, steel,
and the manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality.
The basis for this project waiver is the
authorization provided in Section
1605(b)(2). Due to the lack of production
of this product in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality
in order to meet Cape Charles’s
technical specifications, 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 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 Town of Cape
Charles is hereby granted a waiver from
the Buy American requirements of
Section 1605(a) of Public Law 111–5 for
the purchase of three membrane
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
45203
filtration cassettes using ARRA funds as
specified in Cape Charles’s request of
July 8, 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.
Issued on: August 19, 2009.
William C. Early,
Acting Regional Administrator, U.S.
Environmental Protection Agency, Region III.
[FR Doc. E9–21123 Filed 8–31–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[Docket# EPA–RO4–SFUND–2009–0643,
FRL–8951–8]
Vertut Blending and Packaging
Superfund Site, Memphis, Shelby
County, TN; Notice of settlement
AGENCY: Environmental Protection
Agency.
ACTION:
Notice of settlement.
SUMMARY: Under Section 122(h)(1) of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA), the United States
Environmental Protection Agency has
entered into a settlement for
reimbursement of past response costs
concerning the Vertut Blending and
Packaging Superfund Site located in
Memphis, Shelby County, Tennessee for
publication.
DATES: The Agency will consider public
comments on the settlement until
October 1, 2009. The Agency will
consider all comments received and
may modify or withdraw its consent to
the settlement if comments received
disclose facts or considerations which
indicate that the settlement is
inappropriate, improper, or inadequate.
ADDRESSES: Copies of the settlement are
available from Ms. Paula V. Painter.
Submit your comments, identified by
Docket ID No. EPA–RO4–SFUND–2009–
0643 or Site name Vertut Blending and
Packaging Superfund Site by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• https://www.epa.gov/region4/waste/
sf/enforce.htm.
• E-mail: Painter.Paula@epa.gov.
FOR FURTHER INFORMATION CONTACT:
Paula V. Painter at 404/562–8887.
E:\FR\FM\01SEN1.SGM
01SEN1
]]>Agencies
[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Pages 45202-45203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21123]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL -8951-6]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Town of Cape Charles, VA
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Acting Regional Administrator of EPA Region III 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
Town of Cape Charles for the purchase of membrane filtrations
cassettes, which are an integral component of the Membrane Bioreactor
(MBR) wastewater treatment process, at its Wastewater Treatment Plant
(WWTP). Cape Charles indicates that the MBR treatment process is
necessary to achieve the wastewater treatment levels required by the
National Pollutant Discharge Elimination System (NPDES) permits issued
for this WWTP. The membrane filtration equipment under consideration is
manufactured by a company located in Canada and no United States
manufacturer produces an alternative that meets Cape Charles's
technical specifications. 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 the specific project
circumstances. The Acting Regional Administrator is making this
determination based on the review and recommendations of the EPA Region
III, Water Protection Division, Office of Infrastructure and
Assistance. Cape Charles has provided sufficient documentation to
support its request.
The Assistant Administrator of the EPA's Office of Administration
and Resources Management has concurred on this decision to make an
exception to Section 1605 of ARRA. This action permits the purchase of
membrane filtration cassettes for the proposed project being
implemented by Cape Charles.
DATES: Effective Date: August 19, 2009.
FOR FURTHER INFORMATION CONTACT: Robert Chominski, Deputy Associate
Director, (215) 814-2162, or David McAdams, Environmental Engineer,
(215) 814-5764, Office of Infrastructure & Assistance (OIA), Water
Protection Division, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c), 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 Town of Cape Charles for the acquisition of
membrane filtration cassettes manufactured by GE Water and Process
Technologies located in Canada. Cape Charles has been unable to find an
American made membrane filtration cassette manufacturer to meet its
specific wastewater 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 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.
Cape Charles's waiver request is to allow the purchase of three
membrane filtration cassettes for use in improvements to its existing
WWTP. This project will upgrade its existing WWTP by adding a new MBR
treatment process. The membrane filtration cassette is an integral
component of the MBR treatment process because it separates the treated
wastewater from the mixed liquor which comes from the biological
reactors, before the treated wastewater is disinfected and discharged.
After an engineering analysis of alternate treatment processes, Cape
Charles determined MBR to be the most environmentally
[[Page 45203]]
sound and cost effective solution. The MBR is an advance waste water
treatment process which is designed to meet the high quality effluent
requirements of the waste load allocation under the NPDES permit. In
addition, in anticipation of procuring the MBR system, Cape Charles has
already incorporated specific technical design requirements for
installation of membrane filter cassettes with the MBR treatment
process at their WWTP, including specific tankage footprint, geometry
and configuration. To require Cape Charles to redesign its project
would cause an unacceptable delay to the initiation of construction.
Cape Charles has provided information to the EPA demonstrating that
there are no membrane filtration cassettes manufactured in the United
States in sufficient and reasonable quantity and of a satisfactory
quality to meet the required technical specification. Cape Charles
surveyed forty membrane manufacturers as part of its market research to
locate domestic manufacturers of membrane filtration cassettes for
WWTPs. It was unable to locate any domestic manufacturers. Most were
unacceptable because their membrane products were not designed for
domestic wastewater treatment plants. The remaining manufacturers
either manufacture membrane materials without providing a package
system similar to the system specified or were foreign manufacturers.
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.'' Cape Charles has incorporated specific technical design
requirements for installation of membrane filtration cassettes at its
WWTP.
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 communities, such as Cape
Charles, to revise their standards and specifications, institute a new
bidding process, and potentially choose a more costly, less efficient
project. 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.
Based on additional research conducted by EPA's Office of
Infrastructure and Assistance (OIA) in Region III, and to the best of
the Region's knowledge at the time of review, there do not appear to be
other membrane filtration cassettes manufactured domestically that
would meet Cape Charles's technical specification. EPA's national
contractor prepared a technical assessment report dated July 13, 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 American-made membrane filtration
cassettes for use in MBRs in WWTPs.
The OIA has reviewed this waiver request and to the best of our
knowledge at the time of review has determined that the supporting
documentation provided by Cape Charles is sufficient to meet the
criteria listed under Section 1605(b) and in the April 28, 2009,
``Implementation of Buy American provisions of Public Law 111-5, the
`American Recovery and Reinvestment Act of 2009' Memorandum:'' Iron,
steel, and the manufactured goods are not produced in the United States
in sufficient and reasonably available quantities and of a satisfactory
quality. The basis for this project waiver is the authorization
provided in Section 1605(b)(2). Due to the lack of production of this
product in the United States in sufficient and reasonably available
quantities and of a satisfactory quality in order to meet Cape
Charles's technical specifications, 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 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 Town
of Cape Charles is hereby granted a waiver from the Buy American
requirements of Section 1605(a) of Public Law 111-5 for the purchase of
three membrane filtration cassettes using ARRA funds as specified in
Cape Charles's request of July 8, 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.
Issued on: August 19, 2009.
William C. Early,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region III.
[FR Doc. E9-21123 Filed 8-31-09; 8:45 am]
BILLING CODE 6560-50-P
