Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Town of Newburyport, MA, 59172-59174 [E9-27617]
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59172
Federal Register / Vol. 74, No. 220 / Tuesday, November 17, 2009 / Notices
submit its final action in its report to
Congress under the Act.
Dated: November 5, 2009.
David R. Lloyd,
Director, Office of Brownfields and Land
Revitalization, Office of Solid Waste and
Emergency Response.
[FR Doc. E9–27568 Filed 11–16–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2009–0430; FRL–8977–8]
Final Notice of Data Availability
Concerning Compliance Supplement
Pool Allowance Allocations Under the
Clean Air Interstate Rule Federal
Implementation Plan.
Environmental Protection
Agency (EPA).
ACTION: Notice of data availability
(NODA).
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY:
SUMMARY: EPA is administering—under
the Clean Air Interstate Rule (CAIR)
Federal Implementation Plans (FIPs)—
the CAIR NOX Annual Trading Program
Compliance Supplement Pool (CAIR
CSP) for the States of Delaware,
Louisiana, Maryland, Pennsylvania, and
Wisconsin. The CAIR FIPs require the
Administrator to determine by order the
CAIR CSP allowance allocations for
units in these States whose owners and
operators requested and qualify for
these allocations and to provide the
public with the opportunity to object to
the determinations of allocations and
denials of allocations. On August 6,
2009, EPA issued a NODA setting forth
such determinations in the Federal
Register and provided an opportunity
for submission of objections. Through
the NODA issued today, EPA is making
available to the public the Agency’s
determinations, after considering all
objections, of CAIR CSP allowance
allocations and denials of such
allocations under the FIPs, as well as
the data upon which the allocations and
denials of allocations were based.
DATES: Under § 97.143(d)(5), EPA must
record, by January 1, 2010, the CSP
allowance allocations, consistent with
this NODA, in the compliance accounts
of units whose owners and operators
successfully applied for a CSP
allowance allocation under the CAIR
FIPs.
Docket: EPA established a docket for
this action at https://
www.regulations.gov under docket ID
No. EPA–HQ–OAR–2009–0430. All
documents in the docket (including
documents showing EPA’s
VerDate Nov<24>2008
20:50 Nov 16, 2009
Jkt 220001
determinations of CAIR CSP allowance
allocations and denials of allocations
and the data upon which the allocations
and denial of allocations were based)
are listed in the https://
www.regulations.gov index. Docket
materials are available either
electronically at https://
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Avenue,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m, Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT:
Questions concerning this action should
be addressed to Robert L. Miller, EPA
Headquarters, CAMD (6204J), 1200
Pennsylvania Ave., NW., Washington,
DC 20460, telephone (202) 343–9077,
and e-mail miller.robertl@epa.gov.
SUPPLEMENTARY INFORMATION:
For more background and information
regarding the purpose of the NODA,
requirements for requesting and
receiving CAIR CSP allowances under
the CAIR FIPs, procedures for allocating
such allowances, the application by
EPA of requirements to individual CSP
allocation requests, and the
interpretation the data upon which CSP
allocations and denial of allocations
were based, see the August 6, 2009
NODA (74 FR 39315, Aug. 6, 2009).
EPA received one objection to the
determinations and data in the August
6, 2009 NODA. EPA responded to the
objection in a written response in which
EPA denied the objection (See
Document ID EPA–HQ–OAR–2009–
0430–0006). For the reasons set forth in
the August 6, 2009 NODA, the NODA,
and the response to the objection, EPA
adopts the CSP allocations set forth in
the August 6, 2009 NODA.
EPA is not requesting objections to
the data provided in this final NODA.
This action constitutes a final action for
determining the CAIR CSP allowance
allocations under § 97.143 and the CAIR
FIPs.
Dated: October 27, 2009.
Edward Callahan,
Acting Director, Office of Atmospheric
Programs.
[FR Doc. E9–27614 Filed 11–16–09; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8981–6]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the Town of
Newburyport, MA
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 Town of
Newburyport, Massachusetts (‘‘Town’’)
for the purchase of a foreign
manufactured rotary sludge dewatering
press. This is a project specific waiver
and only applies to the use of the
specified product for the ARRA project
being proposed. Any other ARRA
recipient that wishes to use the same
product must apply for a separate
waiver based on project specific
circumstances. The Town’s proposed
wastewater treatment facility
improvements will include replacement
of the existing belt filter presses for
sludge generated at the plant. Based
upon information submitted by the
Town and its consultants, it was
determined that two 4-channel rotary
press sludge dewatering units,
manufactured by Fournier Industries of
Quebec, Canada, will meet the Town’s
design and performance specifications.
The Acting Regional Administrator is
making this determination based on the
review and recommendations of the
Municipal Assistance Unit. The Town,
through its consulting engineers, has
provided sufficient 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 two 4-channel
rotary press sludge dewatering units,
manufactured by Fournier Industries, by
the Town, as specified in its August 13,
2009 request, as part of the
improvements to the wastewater
treatment facility.
DATES: Effective Date: November 3,
2009.
FOR FURTHER INFORMATION CONTACT:
Mark Spinale, Environmental Engineer,
(617) 918–1547, or Katie Connors,
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mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 220 / Tuesday, November 17, 2009 / Notices
Environmental Engineer, (617) 918–
1658, 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 Town of
Newburyport (‘‘Town’’), Massachusetts
for the purchase of two 4-channel rotary
press sludge dewatering units,
manufactured by Fournier Industries of
Quebec, Canada. It has been determined
that this rotary press meets the Town’s
technical specifications for design and
performance of a sludge dewatering unit
as part of its wastewater treatment plant
improvement project. Based on the
information provided by the applicant,
there are no domestically manufactured
rotary sludge presses that at this time
meet the specific design criteria
established for this unit in the Town’s
project.
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 the public interest; (2) iron, steel,
and the relevant manufactured goods
are not produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality;
or (3) inclusion of iron, steel, and the
relevant manufactured goods produced
in the United States will increase the
cost of the overall project by more than
25 percent.
The Town has requested a waiver
from the Buy American Provision for
the purchase of the foreign made rotary
press sludge dewatering units as part of
its wastewater treatment plant
improvement project. The purchase of
the new rotary sludge presses is
intended to replace the existing belt
filter presses at the wastewater
treatment plant. The cost of the overall
upgrade and replacement of the Town’s
wastewater treatment plant is estimated
at $24.4 million, of which the cost of the
two foreign made rotary sludge press
units is $660,000.
The key selection criteria established
by the Town and its consulting
VerDate Nov<24>2008
20:50 Nov 16, 2009
Jkt 220001
engineers for the sludge dewatering
equipment include:
• Maintain dry cake solids between
18% and 20% by weight.
• Reduce odors and improve working
conditions for operators by minimizing
exposure to odorous and hazardous
gases released from the sludge as well
as exposure to bio-aerosols and
pathogens. To achieve this goal,
enclosed dewatering equipment is
required.
• Allow for automatic adjustment for
variation in feed solids concentrations
and sludge mix ratios to provide
consistent and optimum cake solids.
• Allow for unattended, automatic
operation.
• Allow for backup capacity during
periods of equipment failure and
routine maintenance.
As part of the review of potentially
viable sludge dewatering units, three
technologies were evaluated by the
Town and their consultants: (1) Belt
filter press, (2) centrifuge system; and
(3) screw/rotary press. Of the three
technologies, it was determined that the
rotary sludge press is the preferred
technology because it ranked the highest
in terms of meeting the key criteria
highlighted above. In particular, the
rotary press manufactured by Fournier
Industries was identified as a
technically and economically feasible
unit meeting all of the selection criteria
established as part of the design
requirements. The Fournier Rotary Press
is the preferred technology for
installation at the Town’s wastewater
treatment plant because of the following
advantages:
• High cake solids concentration.
• Low odor emissions due to the
enclosed design.
• Provides for continuous operation
and has the flexibility to increase
capacity based on influent flow.
• Low maintenance due to the slow
rotational speed, requiring minimal
operator attention.
• Low energy requirements resulting
in low operation and maintenance costs.
• Each channel is an independent
self-contained modular unit which can
be interchanged with other same model
rotary presses.
• Low noise and vibration output due
to low operations speeds.
• Compact size resulting in smaller
building and room footprint
requirements.
• Filtration elements within each
channel are of a non-clogging design
which does not require washwater
during operation.
The technical memorandum prepared
by the Town’s consulting engineers
indicates that of the other manufacturers
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59173
that have similar dewatering units, only
the Fournier Industries Rotary Press
achieves the design criteria established
for this project. The project
specifications stipulate that the rotary
press be capable of meeting the
following criteria:
• Design Load: 9,000 dry lb/d.
• Design Load: 200 dry lb/h/channel.
• Inlet Percent Solids: 2–3.5%.
• Primary Sludge/WAS ratio: 70/30.
• Anticipated Dry Cake Solids: 18–
28%.
Based on the review of available
information, there is only one domestic
manufacturer of similar rotary type
presses for municipal sludge. However,
this manufacturer only produces 1 and
2 channel rotary fan presses and
currently cannot meet the design
specifications required for this proposed
project. One of the biggest design
constraints is available space for the
sludge dewatering equipment. The
existing wastewater treatment plant is
located near residential homes on an
extremely small piece of land. The
domestic alternative can only provide
one or two channel rotary press units
and would therefore require at least four
2-channel units to meet the
specifications and match the production
of two 4-channel Fournier Rotary
Presses. Further, the use of additional
domestic units will result in a larger
footprint as opposed to the footprint of
the two foreign made rotary presses. For
these reasons, the Fournier Industries
Rotary Sludge Presses are the only units
at the present time that are acceptable
in terms of meeting the design
specifications and the space constraints
of this project.
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
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.’’ The same Memorandum
defines ‘‘satisfactory quality’’ as ‘‘the
quality of steel, iron or manufactured
good specified in the project plans and
designs.’’
The Town has requested a waiver of
the ARRA Buy American provisions on
the basis of unavailability of a U.S.
manufactured product that will meet the
design and performance criteria
specified for the sludge dewatering unit.
The evaluation of all of the submitted
documentation by EPA’s technical
review team supports the Town’s claim
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59174
Federal Register / Vol. 74, No. 220 / Tuesday, November 17, 2009 / Notices
that at this time no domestic
manufacturer can provide a suitable
rotary sludge dewatering press which
meets the specifications for this unit.
Based on the information available, and
to the best of our knowledge, there do
not appear to be other rotary press
sludge dewatering units manufactured
in the United States that are available at
this time to meet the Town’s design
specifications and performance
requirements for this unit.
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
SRF eligible recipients such as the
Town 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 Town
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 Town is hereby granted a waiver
from the Buy American requirements of
Section 1605(a) of Public Law 111–5.
This waiver permits use of ARRA funds
for the purchase of the two specified
Fournier Industries 4-channel rotary
press sludge dewatering units
documented in Town’s waiver request
submittal dated August 13, 2009 as part
of its wastewater treatment plant
improvements. This supplementary
VerDate Nov<24>2008
20:50 Nov 16, 2009
Jkt 220001
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: November 3, 2009.
Ira W. Leighton,
Acting Regional Administrator, EPA Region
1—New England.
[FR Doc. E9–27617 Filed 11–16–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8982–3]
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 Greensboro, Maryland
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 Greensboro for the
purchase of a moving bed biological
reactor (Geo-Reactor®) containment
drum, which is a major component of
the Geo-Reactor® wastewater treatment
process, for retrofit installation into an
existing Rotating Biological Contactor
(RBC) basin at its Wastewater Treatment
Plant (WWTP). Greensboro indicates
that the Geo-Reactor® 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 GeoReactor® containment drum under
consideration is manufactured by a
company located in Canada and no
United States manufacturer produces an
alternative that meets Greensboro’s
justified technical specifications,
including retrofit capacity. 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
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Fmt 4703
Sfmt 4703
EPA Region III, Water Protection
Division, Office of Infrastructure and
Assistance. Greensboro 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 a Geo-Reactor®
containment drum for the proposed
replacement and retrofit project being
implemented by Greensboro.
DATES: Effective Date: November 5, 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 Greensboro
for the acquisition of a Geo-Reactor®
containment drum manufactured by
Jebco Industries, located in Canada, for
Parkson Corporation. Greensboro has
been unable to find an American made
moving bed biological reactor
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.
Greensboro’s waiver request is to
allow the purchase of a Geo-Reactor®
containment drum for use in
improvements to its existing WWTP.
This project will upgrade its existing
WWTP by replacing an existing RBC
treatment unit with a new Geo-Reactor®
E:\FR\FM\17NON1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 220 (Tuesday, November 17, 2009)]
[Notices]
[Pages 59172-59174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27617]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8981-6]
Notice of a Regional Project Waiver of Section 1605 (Buy
American) of the American Recovery and Reinvestment Act of 2009 (ARRA)
to the Town of Newburyport, MA
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 Town of Newburyport, Massachusetts (``Town'') for the
purchase of a foreign manufactured rotary sludge dewatering press. This
is a project specific waiver and only applies to the use of the
specified product for the ARRA project being proposed. Any other ARRA
recipient that wishes to use the same product must apply for a separate
waiver based on project specific circumstances. The Town's proposed
wastewater treatment facility improvements will include replacement of
the existing belt filter presses for sludge generated at the plant.
Based upon information submitted by the Town and its consultants, it
was determined that two 4-channel rotary press sludge dewatering units,
manufactured by Fournier Industries of Quebec, Canada, will meet the
Town's design and performance specifications. The Acting Regional
Administrator is making this determination based on the review and
recommendations of the Municipal Assistance Unit. The Town, through its
consulting engineers, has provided sufficient 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 two 4-channel rotary press sludge dewatering units,
manufactured by Fournier Industries, by the Town, as specified in its
August 13, 2009 request, as part of the improvements to the wastewater
treatment facility.
DATES: Effective Date: November 3, 2009.
FOR FURTHER INFORMATION CONTACT: Mark Spinale, Environmental Engineer,
(617) 918-1547, or Katie Connors,
[[Page 59173]]
Environmental Engineer, (617) 918-1658, 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 Town of Newburyport (``Town''), Massachusetts for
the purchase of two 4-channel rotary press sludge dewatering units,
manufactured by Fournier Industries of Quebec, Canada. It has been
determined that this rotary press meets the Town's technical
specifications for design and performance of a sludge dewatering unit
as part of its wastewater treatment plant improvement project. Based on
the information provided by the applicant, there are no domestically
manufactured rotary sludge presses that at this time meet the specific
design criteria established for this unit in the Town's project.
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 the public interest; (2) iron, steel, and the
relevant manufactured goods are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory
quality; or (3) inclusion of iron, steel, and the relevant manufactured
goods produced in the United States will increase the cost of the
overall project by more than 25 percent.
The Town has requested a waiver from the Buy American Provision for
the purchase of the foreign made rotary press sludge dewatering units
as part of its wastewater treatment plant improvement project. The
purchase of the new rotary sludge presses is intended to replace the
existing belt filter presses at the wastewater treatment plant. The
cost of the overall upgrade and replacement of the Town's wastewater
treatment plant is estimated at $24.4 million, of which the cost of the
two foreign made rotary sludge press units is $660,000.
The key selection criteria established by the Town and its
consulting engineers for the sludge dewatering equipment include:
Maintain dry cake solids between 18% and 20% by weight.
Reduce odors and improve working conditions for operators
by minimizing exposure to odorous and hazardous gases released from the
sludge as well as exposure to bio-aerosols and pathogens. To achieve
this goal, enclosed dewatering equipment is required.
Allow for automatic adjustment for variation in feed
solids concentrations and sludge mix ratios to provide consistent and
optimum cake solids.
Allow for unattended, automatic operation.
Allow for backup capacity during periods of equipment
failure and routine maintenance.
As part of the review of potentially viable sludge dewatering
units, three technologies were evaluated by the Town and their
consultants: (1) Belt filter press, (2) centrifuge system; and (3)
screw/rotary press. Of the three technologies, it was determined that
the rotary sludge press is the preferred technology because it ranked
the highest in terms of meeting the key criteria highlighted above. In
particular, the rotary press manufactured by Fournier Industries was
identified as a technically and economically feasible unit meeting all
of the selection criteria established as part of the design
requirements. The Fournier Rotary Press is the preferred technology for
installation at the Town's wastewater treatment plant because of the
following advantages:
High cake solids concentration.
Low odor emissions due to the enclosed design.
Provides for continuous operation and has the flexibility
to increase capacity based on influent flow.
Low maintenance due to the slow rotational speed,
requiring minimal operator attention.
Low energy requirements resulting in low operation and
maintenance costs.
Each channel is an independent self-contained modular unit
which can be interchanged with other same model rotary presses.
Low noise and vibration output due to low operations
speeds.
Compact size resulting in smaller building and room
footprint requirements.
Filtration elements within each channel are of a non-
clogging design which does not require washwater during operation.
The technical memorandum prepared by the Town's consulting
engineers indicates that of the other manufacturers that have similar
dewatering units, only the Fournier Industries Rotary Press achieves
the design criteria established for this project. The project
specifications stipulate that the rotary press be capable of meeting
the following criteria:
Design Load: 9,000 dry lb/d.
Design Load: 200 dry lb/h/channel.
Inlet Percent Solids: 2-3.5%.
Primary Sludge/WAS ratio: 70/30.
Anticipated Dry Cake Solids: 18-28%.
Based on the review of available information, there is only one
domestic manufacturer of similar rotary type presses for municipal
sludge. However, this manufacturer only produces 1 and 2 channel rotary
fan presses and currently cannot meet the design specifications
required for this proposed project. One of the biggest design
constraints is available space for the sludge dewatering equipment. The
existing wastewater treatment plant is located near residential homes
on an extremely small piece of land. The domestic alternative can only
provide one or two channel rotary press units and would therefore
require at least four 2-channel units to meet the specifications and
match the production of two 4-channel Fournier Rotary Presses. Further,
the use of additional domestic units will result in a larger footprint
as opposed to the footprint of the two foreign made rotary presses. For
these reasons, the Fournier Industries Rotary Sludge Presses are the
only units at the present time that are acceptable in terms of meeting
the design specifications and the space constraints of this project.
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
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.'' The same Memorandum defines
``satisfactory quality'' as ``the quality of steel, iron or
manufactured good specified in the project plans and designs.''
The Town has requested a waiver of the ARRA Buy American provisions
on the basis of unavailability of a U.S. manufactured product that will
meet the design and performance criteria specified for the sludge
dewatering unit. The evaluation of all of the submitted documentation
by EPA's technical review team supports the Town's claim
[[Page 59174]]
that at this time no domestic manufacturer can provide a suitable
rotary sludge dewatering press which meets the specifications for this
unit. Based on the information available, and to the best of our
knowledge, there do not appear to be other rotary press sludge
dewatering units manufactured in the United States that are available
at this time to meet the Town's design specifications and performance
requirements for this unit.
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 SRF eligible
recipients such as the Town 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 Town 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 Town is hereby
granted a waiver from the Buy American requirements of Section 1605(a)
of Public Law 111-5. This waiver permits use of ARRA funds for the
purchase of the two specified Fournier Industries 4-channel rotary
press sludge dewatering units documented in Town's waiver request
submittal dated August 13, 2009 as part of its wastewater treatment
plant improvements. 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: November 3, 2009.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1--New England.
[FR Doc. E9-27617 Filed 11-16-09; 8:45 am]
BILLING CODE 6560-50-P
