Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Village of Ruidoso/City of Ruidoso Downs, NM, 53738-53740 [E9-25171]
Download as PDF
<![CDATA[
53738
Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices
Docket No. ER09–1386–001,
Southwest Power Pool, Inc.
Docket No. ER09–1397, Southwest
Power Pool, Inc.
Docket No. ER09–1665–000,
Southwest Power Pool, Inc.
Docket No. ER09–1714–000,
Southwest Power Pool, Inc.
Docket No. ER09–1716–000,
Southwest Power Pool, Inc.,
Docket No. ER09–1732–000,
Southwest Power Pool, Inc.
Docket No. ER09–1733–000,
Southwest Power Pool, Inc.
Docket No. ER09–1736–000,
Southwest Power Pool, Inc.
Docket No. ER09–1740–000,
Southwest Power Pool, Inc.
Docket No. ER10–13–000, Southwest
Power Pool, Inc.
Docket No. ER10–21–000, Southwest
Power Pool, Inc.
Docket No. ER10–33–000, Southwest
Power Pool, Inc.
Docket No. ER08–1419, Southwest
Power Pool, Inc.
Docket No. OA08–5 and EL09–40,
Southwest Power Pool, Inc.
Docket No. OA08–60, Southwest
Power Pool, Inc.
Docket No. OA08–61, Southwest
Power Pool, Inc.
Docket No. OA08–104, Southwest
Power Pool, Inc.
These meetings are open to the
public.
For more information, contact Patrick
Clarey, Office of Energy Market
Regulation, Federal Energy Regulatory
Commission at (317) 249–5937 or
patrick.clarey@ferc.gov.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9–25176 Filed 10–19–09; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8970–2]
Request for Nominations to the
Environmental Financial Advisory
Board
cprice-sewell on DSKGBLS3C1PROD with NOTICES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
The U.S. Environmental
Protection Agency (EPA) invites
nominations of qualified candidates to
be considered for appointments to fill
vacancies on the Environmental
Financial Advisory Board. Nominees
should demonstrate experience in any
of the following areas: Environmental
economics, public utility finance and
SUMMARY:
VerDate Nov<24>2008
14:46 Oct 19, 2009
Jkt 220001
management, state revolving loan funds,
environmental infrastructure financing,
state/local government, Tribal
representatives and non-profit
environmental group, corporate finance
and investment banking, public-private
partnerships, bond rating and financing,
commercial banking, environmental
engineering, accounting and/or
auditing, and financial assurance
mechanisms. In addition to this notice,
other sources may be utilized in the
solicitation of nominees. The deadline
for receiving nominations is November
10, 2009. Appointments will be made by
the Deputy Administrator of the
Environmental Protection Agency and
will be announced during February
2010. EPA values and welcomes
diversity. In an effort to obtain
nominations of diverse candidates, EPA
encourages nominations of women and
men of all racial and ethnic groups.
Nominations for membership must
include a resume describing the
professional and educational
qualifications of the nominee as well as
experience. Contact details should
include full name and title, business
mailing address, telephone, fax, and email address. A supporting letter of
endorsement is encouraged but not
required.
ADDRESS/FURTHER INFORMATION CONTACT:
Submit nomination materials by postal
mail, electronic mail or fax to: Pamela
Scott, Membership Coordinator,
Environmental Financial Advisory
Board, EPA, Office of the Chief
Financial Officer, 1200 Pennsylvania
Avenue, NW., (2731R), Washington, DC
20460; or e-mail scott.pamela@epa.gov;
phone 202–564–6368; or fax 202–565–
2587.
SUPPLEMENTARY INFORMATION: The
Environmental Financial Advisory
Board was chartered in 1989 under the
Federal Advisory Committee Act to
provide advice and recommendations to
EPA on the following issues:
• Reducing the cost of financing
environmental facilities and
discouraging polluting behavior;
• Creating incentives to increase
private investment in the provision of
environmental services and removing or
reducing constraints on private
involvement imposed by current
regulations;
• Developing new and innovative
environmental financing approaches
and supporting and encouraging the use
of cost-effective existing approaches;
• Identifying approaches specifically
targeted to small community financing;
and
• Increasing the capacity issue of
state and local governments to carry out
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
their respective Environmental
programs under current Federal tax
laws.
• Increasing the capacity of state and
local governments to carry out their
respective environmental programs
under current Federal tax laws;
• Increasing the total investment in
environmental protection of public and
private environmental resources to help
ease the environmental financing
challenge facing our nations.
The Board meets two times each
calendar year (two days per meeting) at
different locations within the
continental United States. Board
members typically contribute
approximately 1–3 hours per month to
the Board’s work. The Board
membership services are voluntary as
we are unable to provide honoraria or
compensation. However, you may
receive Travel and per diem allowances
where appropriate and in accordance
with Federal Travel Regulations for
invitational travelers.
The following criteria will be used to
evaluate nominees:
• Residence in the continental United
States;
• Representing the points of view of
a group, and has professional
knowledge of and experience with,
environmental financing activities;
• Senior level-experience that fills a
gap in Board representation, or brings a
new and relevant dimension to its
deliberations;
• Demonstrated ability to work in a
consensus-building process with a wide
range of representatives from diverse
constituencies; and
• Willingness to serve a two-year
term as an active-contributing member,
with possible re-appointment to a
second term.
Dated: October 14, 2009.
Joshua Baylson,
Associate Chief Financial Officer, Office of
the Chief Financial Officer.
[FR Doc. E9–25168 Filed 10–19–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8970–5]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Village of Ruidoso/City of Ruidoso
Downs, NM
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
E:\FR\FM\20OCN1.SGM
20OCN1
cprice-sewell on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices
SUMMARY: The Acting Regional
Administrator of EPA Region 6 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 Village of Ruidoso/City of
Ruidoso Downs—Joint Use Board
(‘‘Ruidoso’’) for the purchase of a
membrane bioreactor system (MBR),
supplied by Enviroquip, Inc., that
contains two primary components not
manufactured in America, at the
proposed Wastewater Treatment Plant
(WWTP). Ruidoso indicates that the
MBR system is necessary to achieve the
wastewater treatment levels required by
the National Pollutant Discharge
Elimination System (NPDES) permit
issued for this WWTP. 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 opts 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 6
Water Quality Protection Division.
Ruidoso 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 the MBR
containing goods not manufactured in
American from Enviroquip, Inc., for the
proposed project being implemented by
Ruidoso. It should be noted that for
purposes of this action, the MBR, while
treated as a single system, is not itself
a manufactured good, but is an assembly
of manufactured goods.
DATES: Effective Date: August 24, 2009.
FOR FURTHER INFORMATION CONTACT:
Rajen Patel, Buy American Coordinator,
(214) 665–2788, SRF & Projects Section,
Water Quality Protection Division, U.S.
EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733.
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 Village of Ruidoso/
City of Ruidoso Down—Joint Use Board,
New Mexico, for the acquisition of an
‘‘Enviroquip MBR system.’’ Ruidoso has
been unable to find an MBR system that
VerDate Nov<24>2008
14:46 Oct 19, 2009
Jkt 220001
contains American-made MBR cassettes
and aeration blowers (as specified in
Ruidoso’s specifications for Enviroquip
MBR system) 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 granted 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 Enviroquip MBR system is
comprised of MBR filtration cassettes,
aeration blowers, and several other
auxiliary components integral to the
efficient operation of the system. The
MBR system is a packaged product that
has undergone complex biological
design, hydraulic modeling, control
automation, fabrication and integration
of specialized product components. The
Enviroquip MBR system—as a whole, is
designed to remove nutrients
(Phosphorus and Nitrogen) to a level
specified in Ruidoso’s NPDES permit.
The purpose of Ruidoso’s waiver
request is to allow the purchase of the
Enviroquip MBR system with forty-eight
MBR cassettes, manufactured by Kubota
Inc., of Japan, and eight Aerzen
Generation 5 aeration blowers,
manufactured by Aerzen, Germany.
The new WWTP would incorporate
the entire MBR system to meet the
effluent requirements of the National
Pollutant Discharge Elimination System
(NPDES) permit. The MBR cassettes are
designed to provide increased nutrient
removal capabilities, which will allow
the City to meet their nutrient wasteload allocation for the Rio Ruidoso.
Aerzen Generation 5 blowers are
integral components of the MBR system
because they maintain the critically
important oxygen levels and membrane
scouring capabilities through out the
MBR system.
Ruidoso chose the MBR treatment
process after an engineering analysis of
various treatment alternatives. Ruidoso
determined this to be the most
environmentally sound and cost
effective solution because it meets the
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
53739
high quality effluent required by its
waste load allocation under its Total
Maximum Daily Limit, when compared
to other considered solutions. In
addition, in anticipation of procuring
the MBR system, Ruidoso has already
incorporated specific technical design
requirements for installation of MBR
system at their proposed WWTP,
including specifics on MBR system
footprint and configuration.
Ruidoso has provided information to
the EPA demonstrating that there are no
MBR cassettes manufactured in the
United States in sufficient and
reasonable quantity and of a satisfactory
quality to meet the required technical
specification. Two companies were
considered for the purchase of filtration
cassettes, none based in the United
States. Ruidoso has performed rigorous
market research, but was unsuccessful
in its effort to locate any domestic
manufacturers of MBR cassettes for the
MBR system.
Based on additional research
conducted by EPA Region 6, there does
not appear to be any domestic MBR
cassette manufacturers that would meet
Ruidoso’s technical specifications.
EPA’s national contractor prepared a
technical assessment report dated
August 3, 2009 based on the waiver
request submittal. 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 MBR cassettes
available for use in the proposed MBR
system.
Ruidoso could only identify three
aeration blowers (Aerzen Generation 5,
Aerzen Delta IV, and Dresser Roots) that
could provide the oxygen levels and
membrane scouring capabilities
required by Enviroquip’s process
guarantee. Ruidoso disqualifies the use
of Aerzen Delta IV blower on the
grounds that its noise level, at 81 dB, is
substantially higher than that of Aerzen
Generation 5 models (72 dB for pre-air
supply and 76 dB for MBR air supply)
and that such a noise level would
interfere with the system operators and
with occupants of nearby offices. Noise
levels of 72 dB and 76dB are included
in the original specifications for the
respective air supplies. Ruidoso
disqualifies the Dresser Roots blowers
on the grounds that they run at
substantially higher revolutions per
minute (RPM) rates (4,000 RPM for preair and 3,300 for MBR air) than called
for in the specifications (3,244 RPM for
pre-air and 2,740 RPM for MBR air).
E:\FR\FM\20OCN1.SGM
20OCN1
cprice-sewell on DSKGBLS3C1PROD with NOTICES
53740
Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices
Ruidoso included a performance
guarantee in the request for proposal
(RFP) as well as the original
specification. Enviroquip’s performance
guarantee applies to the entire MBR
system, including all components
supplied by Enviroquip, which would
be voided by substitution of other
components. The potential voiding of
the performance raises a valid issue
regarding availability of alternative
aeration blowers. The existence of such
a performance guarantee supports
treating the entire MBR system as a
unitary whole, rather than a collection
of individual components. Therefore,
EPA Region 6 concludes that only the
‘‘Enviroquip MBR System—as a whole’’
meets the ‘‘specifications in project
plans and design.’’
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.’’ Ruidoso has
incorporated specific technical design
requirements for the installation of the
MBR system 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 utilities,
such as Ruidoso, 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 the fundamental
economic purpose of the ARRA, which
is to create or retain jobs.
The Region 6 Water Quality
Protection Division has reviewed this
waiver request, and to the best of my
knowledge at the time of review, has
determined that the supporting
documentation provided by Ruidoso is
sufficient to meet the criteria listed
under ARRA, Section 1605(b), Office of
Management and Budget (OMB)
regulations at 2 CFR 176.60–176.170.,
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,
VerDate Nov<24>2008
14:46 Oct 19, 2009
Jkt 220001
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 ARRA,
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 Ruidoso’s
technical specifications, a waiver from
the Buy American requirement is
justified.
EPA headquarters’ 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,
Ruidoso is hereby granted a waiver from
the Buy American requirements of
ARRA, Section 1605(a) of Public Law
111–5 for the purchase of ‘‘Enviroquip
MBR system’’ using ARRA funds, as
specified in Ruidoso’s request of July 6,
2009. This supplementary information
constitutes the detailed written
justification required by ARRA, Section
1605(c), for waivers ‘‘based on a finding
under subsection (b).’’
Authority: Public Law 111–5, section
1605.
Dated: August 24, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E9–25171 Filed 10–19–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8970–3]
EPA Science Advisory Board Staff
Office; Request for Nominations of
Experts for the SAB Methanol Review
Panel
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice request for nominations.
SUMMARY: The Science Advisory Board
(SAB) Staff Office is requesting public
nominations of experts to form an SAB
Ad Hoc Panel to review EPA’s health
effects assessment for Methanol.
DATES: Nominations should be
submitted by November 10, 2009 per
instructions below.
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT: Any
member of the public wishing further
information regarding this Request for
Nominations may contact Mr. Edward
Hanlon, Designated Federal Officer
(DFO), SAB Staff Office, by telephone/
voice mail at (202) 343–9946; by fax at
(202) 233–0643; or via e-mail at
hanlon.edward@epa.gov. General
information concerning the EPA Science
Advisory Board can be found on the
EPA SAB Web site at https://
www.epa.gov/sab.
SUPPLEMENTARY INFORMATION:
Background: EPA’s Integrated Risk
Information System (IRIS) is an
electronic database containing
descriptive and quantitative
toxicological information on human
health effects that may result from
chronic exposure to various substances
in the environment. This information
supports human health risk
assessments, and includes hazard
identification and dose-response data
and derivations of oral reference doses
(RfDs) and inhalation reference
concentrations (RfCs) for noncancer
effects and oral slope factors and oral
and inhalation unit risks for cancer
effects. IRIS is prepared and maintained
by EPA’s National Center for
Environmental Assessment (NCEA)
within the Office of Research and
Development (ORD). NCEA is updating
the health effects information that
supported the1988 IRIS Toxicological
Assessment for Methanol, and has
requested that SAB conduct a review of
its updated Assessment.
The SAB was established by 42 U.S.C.
4365 to provide independent scientific
and technical advice, consultation and
recommendations to the EPA
Administrator on the technical basis for
Agency positions and regulations. The
SAB Staff Office will form an expert
Panel to review ORD’s draft IRIS
Toxicological Assessment for Methanol.
The SAB Panel will comply with the
provisions of the Federal Advisory
Committee Act (FACA) and all
appropriate SAB procedural policies.
Upon completion, the Panel’s report
will be submitted to the chartered SAB
for final approval for transmittal to the
EPA Administrator. The Methanol
Review Panel is being asked to comment
on the scientific soundness of the
Agency’s draft IRIS review.
Availability of the Review Materials:
The EPA draft IRIS Toxicological
Review document to be reviewed by the
Methanol Review Panel will be made
available by ORD at the following URL:
https://epa.gov/ncea (under ‘‘Recent
Additions’’). For questions concerning
the review materials, please contact Dr.
E:\FR\FM\20OCN1.SGM
20OCN1
]]>Agencies
[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Notices]
[Pages 53738-53740]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25171]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8970-5]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Village of Ruidoso/City of Ruidoso Downs, NM
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 53739]]
SUMMARY: The Acting Regional Administrator of EPA Region 6 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
Village of Ruidoso/City of Ruidoso Downs--Joint Use Board (``Ruidoso'')
for the purchase of a membrane bioreactor system (MBR), supplied by
Enviroquip, Inc., that contains two primary components not manufactured
in America, at the proposed Wastewater Treatment Plant (WWTP). Ruidoso
indicates that the MBR system is necessary to achieve the wastewater
treatment levels required by the National Pollutant Discharge
Elimination System (NPDES) permit issued for this WWTP. 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 opts 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 6 Water Quality Protection Division.
Ruidoso 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
the MBR containing goods not manufactured in American from Enviroquip,
Inc., for the proposed project being implemented by Ruidoso. It should
be noted that for purposes of this action, the MBR, while treated as a
single system, is not itself a manufactured good, but is an assembly of
manufactured goods.
DATES: Effective Date: August 24, 2009.
FOR FURTHER INFORMATION CONTACT: Rajen Patel, Buy American Coordinator,
(214) 665-2788, SRF & Projects Section, Water Quality Protection
Division, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733.
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 Village of Ruidoso/City of Ruidoso Down--Joint Use
Board, New Mexico, for the acquisition of an ``Enviroquip MBR system.''
Ruidoso has been unable to find an MBR system that contains American-
made MBR cassettes and aeration blowers (as specified in Ruidoso's
specifications for Enviroquip MBR system) 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 granted 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 Enviroquip MBR system is comprised of MBR filtration cassettes,
aeration blowers, and several other auxiliary components integral to
the efficient operation of the system. The MBR system is a packaged
product that has undergone complex biological design, hydraulic
modeling, control automation, fabrication and integration of
specialized product components. The Enviroquip MBR system--as a whole,
is designed to remove nutrients (Phosphorus and Nitrogen) to a level
specified in Ruidoso's NPDES permit.
The purpose of Ruidoso's waiver request is to allow the purchase of
the Enviroquip MBR system with forty-eight MBR cassettes, manufactured
by Kubota Inc., of Japan, and eight Aerzen Generation 5 aeration
blowers, manufactured by Aerzen, Germany.
The new WWTP would incorporate the entire MBR system to meet the
effluent requirements of the National Pollutant Discharge Elimination
System (NPDES) permit. The MBR cassettes are designed to provide
increased nutrient removal capabilities, which will allow the City to
meet their nutrient waste-load allocation for the Rio Ruidoso. Aerzen
Generation 5 blowers are integral components of the MBR system because
they maintain the critically important oxygen levels and membrane
scouring capabilities through out the MBR system.
Ruidoso chose the MBR treatment process after an engineering
analysis of various treatment alternatives. Ruidoso determined this to
be the most environmentally sound and cost effective solution because
it meets the high quality effluent required by its waste load
allocation under its Total Maximum Daily Limit, when compared to other
considered solutions. In addition, in anticipation of procuring the MBR
system, Ruidoso has already incorporated specific technical design
requirements for installation of MBR system at their proposed WWTP,
including specifics on MBR system footprint and configuration.
Ruidoso has provided information to the EPA demonstrating that
there are no MBR cassettes manufactured in the United States in
sufficient and reasonable quantity and of a satisfactory quality to
meet the required technical specification. Two companies were
considered for the purchase of filtration cassettes, none based in the
United States. Ruidoso has performed rigorous market research, but was
unsuccessful in its effort to locate any domestic manufacturers of MBR
cassettes for the MBR system.
Based on additional research conducted by EPA Region 6, there does
not appear to be any domestic MBR cassette manufacturers that would
meet Ruidoso's technical specifications. EPA's national contractor
prepared a technical assessment report dated August 3, 2009 based on
the waiver request submittal. 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 MBR cassettes available for use
in the proposed MBR system.
Ruidoso could only identify three aeration blowers (Aerzen
Generation 5, Aerzen Delta IV, and Dresser Roots) that could provide
the oxygen levels and membrane scouring capabilities required by
Enviroquip's process guarantee. Ruidoso disqualifies the use of Aerzen
Delta IV blower on the grounds that its noise level, at 81 dB, is
substantially higher than that of Aerzen Generation 5 models (72 dB for
pre-air supply and 76 dB for MBR air supply) and that such a noise
level would interfere with the system operators and with occupants of
nearby offices. Noise levels of 72 dB and 76dB are included in the
original specifications for the respective air supplies. Ruidoso
disqualifies the Dresser Roots blowers on the grounds that they run at
substantially higher revolutions per minute (RPM) rates (4,000 RPM for
pre-air and 3,300 for MBR air) than called for in the specifications
(3,244 RPM for pre-air and 2,740 RPM for MBR air).
[[Page 53740]]
Ruidoso included a performance guarantee in the request for
proposal (RFP) as well as the original specification. Enviroquip's
performance guarantee applies to the entire MBR system, including all
components supplied by Enviroquip, which would be voided by
substitution of other components. The potential voiding of the
performance raises a valid issue regarding availability of alternative
aeration blowers. The existence of such a performance guarantee
supports treating the entire MBR system as a unitary whole, rather than
a collection of individual components. Therefore, EPA Region 6
concludes that only the ``Enviroquip MBR System--as a whole'' meets the
``specifications in project plans and design.''
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.'' Ruidoso has incorporated specific technical design
requirements for the installation of the MBR system 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 utilities, such as Ruidoso, 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
the fundamental economic purpose of the ARRA, which is to create or
retain jobs.
The Region 6 Water Quality Protection Division has reviewed this
waiver request, and to the best of my knowledge at the time of review,
has determined that the supporting documentation provided by Ruidoso is
sufficient to meet the criteria listed under ARRA, Section 1605(b),
Office of Management and Budget (OMB) regulations at 2 CFR 176.60-
176.170., 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 ARRA,
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 Ruidoso's technical
specifications, a waiver from the Buy American requirement is
justified.
EPA headquarters' 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, Ruidoso is
hereby granted a waiver from the Buy American requirements of ARRA,
Section 1605(a) of Public Law 111-5 for the purchase of ``Enviroquip
MBR system'' using ARRA funds, as specified in Ruidoso's request of
July 6, 2009. This supplementary information constitutes the detailed
written justification required by ARRA, Section 1605(c), for waivers
``based on a finding under subsection (b).''
Authority: Public Law 111-5, section 1605.
Dated: August 24, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E9-25171 Filed 10-19-09; 8:45 am]
BILLING CODE 6560-50-P
