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 Taos, NM, 66964-66966 [E9-30046]
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peer-review charge are available
primarily via the Internet on NCEA’s
home page under the Recent Additions
and Publications menus at https://
www.epa.gov/ncea. In preparing a final
report, EPA will consider ERG’s report
of the comments and recommendations
from the external peer-review workshop
and any public comments that EPA
receives.
DATES: The peer-review panel workshop
will begin on Wednesday, January 27,
2010, at 8:30 a.m., and will end at
approximately 4 p.m. Eastern Standard
Time.
ADDRESSES: The peer-review workshop
will be held at the Holiday Inn Capitol,
550 C Street, SW., Washington, DC
20024. The EPA contractor, ERG, is
organizing, convening, and conducting
the peer-review workshop. To attend the
workshop, register by Wednesday,
January 20, 2010, by calling ERG at 781–
674–7374 or toll free at 800–803–2833
(ask for the 1,1,2,2-Tetrachloroethane
peer-review coordinator, Laurie Waite),
sending a facsimile to 781–674–2906
(please reference: ‘‘1,1,2,2Tetrachloroethane peer-review
workshop’’ and include your name,
title, affiliation, full address, and
contact information), or sending an email to meetings@erg.com (subject line:
‘‘1,1,2,2-Tetrachloroethane peer-review
workshop’’ and include your name,
title, affiliation, full address, and
contact information). You may also
register via the Internet at https://
www2.ergweb.com/projects/
conferences/peerreview/registertetraworkshop.htm.
The draft ‘‘Toxicological Review of
1,1,2,2-Tetrachloroethane: In Support of
Summary Information on the Integrated
Risk Information System (IRIS)’’ is
available primarily via the Internet on
the National Center for Environmental
Assessment’s home page under the
Recent Additions and Publications
menus at https://www.epa.gov/ncea. A
limited number of paper copies are
available from the Information
Management Team, NCEA; telephone:
703–347–8561; facsimile: 703–347–
8691. If you are requesting a paper copy,
please provide your name, mailing
address, and the document title,
‘‘Toxicological Review of 1,1,2,2Tetrachloroethane: In Support of
Summary Information on the Integrated
Risk Information System (IRIS).’’ Copies
are not available from ERG.
Information on Services for
Individuals with Disabilities: EPA
welcomes public attendance at the
‘‘1,1,2,2-Tetrachloroethane peer-review
workshop’’ and will make every effort to
accommodate persons with disabilities.
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For information on access or services for
individuals with disabilities, please
contact ERG, 110 Hartwell Avenue,
Lexington, MA 02421–3136; telephone:
781–674–7374; facsimile: 781–674–
2906; or e-mail: meetings@erg.com
(subject line: 1,1,2,2-Tetrachloroethane
peer-review workshop), preferably at
least 10 days prior to the meeting, to
give as much time as possible to process
your request.
FOR FURTHER INFORMATION CONTACT:
Questions regarding information,
registration, access or services for
individuals with disabilities, or logistics
for the external peer-review workshop
should be directed to ERG, 110 Hartwell
Avenue, Lexington, MA 02421–3136;
telephone: 781–674–7374; facsimile:
781–674–2906; or e-mail:
meetings@erg.com (subject line: 1,1,2,2Tetrachloroethane peer-review
workshop).
If you have questions about the
document, please contact Martin
Gehlhaus, National Center for
Environmental Assessment (NCEA),
1200 Pennsylvania Ave, NW., 8601P,
Washington, DC 20460; telephone: 703–
347–8579; facsimile: 703–347–8689; or
e-mail: gehlhaus.martin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Information About IRIS
IRIS is a database that contains
potential adverse human health effects
information that may result from
chronic (or lifetime) exposure to specific
chemical substances found in the
environment. The database (available on
the Internet at https://www.epa.gov/iris)
contains qualitative and quantitative
health effects information for more than
540 chemical substances that may be
used to support the first two steps
(hazard identification and doseresponse evaluation) of a risk
assessment process. When supported by
available data, the database provides
oral reference doses (RfDs) and
inhalation reference concentrations
(RfCs) for chronic health effects, and
oral slope factors and inhalation unit
risks for carcinogenic effects. Combined
with specific exposure information,
government and private entities can use
IRIS data to help characterize public
health risks of chemical substances in a
site-specific situation and thereby
support risk management decisions
designed to protect public health.
Dated: December 8, 2009.
Rebecca Clark,
Acting Director, National Center for
Environmental Assessment.
[FR Doc. E9–30043 Filed 12–16–09; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9093–4]
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 Taos, NM
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The 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 Town of Taos (‘‘Taos’’) for the
purchase of membrane filtrations
cassettes, which are an integral
component of the Membrane Bioreactor
(MBR) system, proposed for the
expansion of its existing Wastewater
Treatment Plant (WWTP). Taos
indicates that the MBR system is
necessary to achieve the tertiary
wastewater treatment levels at the
proposed 4 million gallons per day
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 Taos’ 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 Regional
Administrator is making this
determination based on the review and
recommendations of the EPA Region 6,
Water Quality Protection Division. Taos
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 MBR system
containing goods not manufactured in
America, for the proposed project being
implemented by Taos. It should be
noted that for purposes of this action,
the MBR system, while treated as a
single system, is not itself a
manufactured good, but is an assembly
of manufactured goods.
DATES: Effective Date: December 9, 2009.
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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 Taos for the acquisition
of a GE/Zenon Zeeweed 500D MBR
system’s (MBR system) membrane
filtration cassettes, manufactured by GE
Water and Process Technologies,
Canada. Taos 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.
Taos’ waiver request is to allow the
purchase of sixteen membrane filtration
cassettes for use in improvements to its
existing WWTP in Taos, New Mexico.
This project will replace its existing
secondary wastewater treatment
processes with a new MBR system to
meet the effluent requirements of the
NPDES permit. The membrane filtration
cassette is an integral component of the
MBR system because it separates the
treated wastewater from the mixed
liquor which comes from the biological
reactors, before the treated wastewater is
disinfected and discharged. Taos chose
the MBR system after an engineering
analysis of treatment alternatives. Taos
determined this to be the most
environmentally sound and cost
effective solution because it meets the
strict NPDES tertiary treatment
standards for Total Suspended Solids,
Biological Oxygen Demand, and
turbidity, when compared to other
considered solutions. In addition, in
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anticipation of procuring the MBR
system, Taos has already incorporated
specific technical design requirements
for installation of membrane filter
cassettes with the MBR system at its
WWTP, including specific tank
footprint, geometry and configuration.
Taos 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. Six
companies were considered for the
membrane filtration cassettes, none
based in the United States. Taos has
performed market research but was
unsuccessful in its effort to locate any
domestic manufacturers of membrane
filtration cassettes for its WWTP.
Based on additional research
conducted by EPA Region 6, there does
not appear to be any domestic MBR
cassette manufacturers that would meet
Taos’ technical specifications. EPA’s
national contractor prepared a technical
assessment report dated November 19,
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. Taos included a
performance guarantee in the request for
proposal (RFP) as well as the original
specification. GE’s performance
guarantee applies to the entire MBR
system, including all components
supplied by GE. The existence of the
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 the ‘‘GE/Zenon
Zeeweed 500D 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 P.L. 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.’’ Taos has incorporated specific
technical design requirements for
installation of membrane filtration
cassettes at its WWTP.
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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 Taos, 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.
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 Taos 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 Taos’ 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,
Taos is hereby granted a waiver from the
Buy American requirements of ARRA,
Section 1605(a) of Public Law 111–5 for
the purchase of ‘‘GE/Zenon Zeeweed
500D MBR system’’ using ARRA funds,
as specified in Taos’ request of October
23, 2009. This supplementary
information constitutes the detailed
written justification required by ARRA,
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Section 1605(c), for waivers ‘‘based on
a finding under subsection (b).’’
Authority: Public Law 111–5, section 1605.
Dated: December 9, 2009.
Al Armendariz,
Regional Administrator, U.S. Environmental
Protection Agency, Region 6.
[FR Doc. E9–30046 Filed 12–16–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
ASCII file, avoiding the use of special
characters and any form of encryption,
and may be mailed to the mailing
address above.
FOR FURTHER INFORMATION CONTACT:
Amy Branning, Air and Radiation Law
Office (2344A), Office of General
Counsel, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone: (202)
564–1744; fax number (202) 564–5603;
e-mail address: branning.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
[FRL–9093–3]
I. Additional Information About the
Proposed Consent Decree
Proposed Consent Decree, Clean Air
Act Citizen Suit
Under sections 111(b)(1)(B), 112(d)(6)
and 112(f)(2) of the CAA, EPA has a
mandatory duty to take actions relative
to the review/revision of new source
performance standards (‘‘NSPS’’) and
national emission standards for
hazardous air pollutants (‘‘NESHAP’’)
within eight years of the issuance of the
standards. The proposed consent decree
would resolve a deadline suit filed by
Plaintiffs for EPA’s failure to take the
above actions within eight years of
issuing NSPS and NESHAP for the Oil
and Natural Gas production source
category. The proposed Consent Decree
requires that EPA sign by January 31,
2011 proposed standards and/or
determinations not to issue standards
pursuant to sections 111(b)(1)(B),
112(d)(6) and 112(f)(2), and that EPA
finalize its proposals by November 30,
2011. The proposed Consent Decree
authorizes EPA to sign by January 31,
2011 a final determination not to review
the NSPS pursuant to section
111(b)(1)(B) without issuing a proposal
for such determination. The approach of
determining not to review is not
available for actions under section 112.
The proposed Consent Decree further
requires that, within 15 business days
following signature, EPA shall deliver a
notice of such action to the Office of the
Federal Register for prompt publication.
The proposed consent decree states that,
after EPA fulfills its obligations under
the decree, the case shall be dismissed
with prejudice.
For a period of thirty (30) days
following the date of publication of this
notice, the Agency will accept written
comments relating to the proposed
consent decree from persons who were
not named as parties or intervenors to
the litigation in question. EPA or the
Department of Justice may withdraw or
withhold consent to the proposed
consent decree if the comments disclose
facts or considerations that indicate that
such consent is inappropriate,
improper, inadequate, or inconsistent
with the requirements of the Act. Unless
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of proposed consent
decree; request for public comment.
SUMMARY: In accordance with section
113(g) of the Clean Air Act, as amended
(‘‘CAA’’ or the ‘‘Act’’), 42 U.S.C.
7413(g), notice is hereby given of a
proposed consent decree to address a
lawsuit filed by WildEarth Guardians
and San Juan Citizens Alliance in the
United States District Court for the
District of Columbia: WildEarth
Guardians, et al. v. Jackson, No. 1:09–
CV–00089–CKK (D. D.C.). On January
14, 2009, Plaintiffs filed a complaint
alleging that EPA failed to meet its
obligations under sections 111(b)(1)(B),
112(d)(6) and 112(f)(2) of the Clean Air
Act (‘‘CAA’’) to take actions relative to
the review/revision of the New Source
Performance Standards and the National
Emission Standards for Hazardous Air
Pollutants with respect to the Oil and
Natural Gas production source category.
The proposed consent decree
establishes deadlines for EPA’s
proposed and final actions for meeting
these obligations.
DATES: Written comments on the
proposed consent decree must be
received January 19, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
HQ–OGC–2009–0918, online at https://
www.regulations.gov (EPA’s preferred
method); by e-mail to
oei.docket@epa.gov; by mail to EPA
Docket Center, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; or by
hand delivery or courier to EPA Docket
Center, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
DC, between 8:30 a.m. and 4:30 p.m.
Monday through Friday, excluding legal
holidays. Comments on a disk or CD–
ROM should be formatted in Word or
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EPA or the Department of Justice
determines, based on any comment
submitted, that consent to this consent
decree should be withdrawn, the terms
of the decree will be affirmed.
II. Additional Information About
Commenting on the Proposed Consent
Decree
A. How Can I Get A Copy of the Consent
Decree?
The official public docket for this
action (identified by Docket ID No.
EPA–HQ–OGC–2009–0918) contains a
copy of the proposed consent decree.
The official public docket is available
for public viewing at the Office of
Environmental Information (OEI) Docket
in the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The EPA Docket
Center 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 OEI
Docket is (202) 566–1752.
An electronic version of the public
docket is available through https://
www.regulations.gov. You may use
https://www.regulations.gov to submit or
view public comments, access the index
listing of the contents of the official
public docket, and to access those
documents in the public docket that are
available electronically. Once in the
system, key in the appropriate docket
identification number then select
‘‘search’’.
It is important to note that EPA’s
policy is that public comments, whether
submitted electronically or on paper,
will be made available for public
viewing online at https://
www.regulations.gov without change,
unless the comment contains
copyrighted material, CBI, or other
information whose disclosure is
restricted by statute. Information
claimed as CBI and other information
whose disclosure is restricted by statute
is not included in the official public
docket or in the electronic public
docket. EPA’s policy is that copyrighted
material, including copyrighted material
contained in a public comment, will not
be placed in EPA’s electronic public
docket but will be available only in
printed, paper form in the official public
docket. Although not all docket
materials may be available
electronically, you may still access any
of the publicly available docket
materials through the EPA Docket
Center.
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]]>Agencies
[Federal Register Volume 74, Number 241 (Thursday, December 17, 2009)]
[Notices]
[Pages 66964-66966]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30046]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9093-4]
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 Taos, NM
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The 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 Town of Taos
(``Taos'') for the purchase of membrane filtrations cassettes, which
are an integral component of the Membrane Bioreactor (MBR) system,
proposed for the expansion of its existing Wastewater Treatment Plant
(WWTP). Taos indicates that the MBR system is necessary to achieve the
tertiary wastewater treatment levels at the proposed 4 million gallons
per day 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 Taos' 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 Regional Administrator is making this determination
based on the review and recommendations of the EPA Region 6, Water
Quality Protection Division. Taos 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
MBR system containing goods not manufactured in America, for the
proposed project being implemented by Taos. It should be noted that for
purposes of this action, the MBR system, while treated as a single
system, is not itself a manufactured good, but is an assembly of
manufactured goods.
DATES: Effective Date: December 9, 2009.
[[Page 66965]]
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 Taos for the acquisition of a GE/Zenon Zeeweed 500D MBR
system's (MBR system) membrane filtration cassettes, manufactured by GE
Water and Process Technologies, Canada. Taos 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.
Taos' waiver request is to allow the purchase of sixteen membrane
filtration cassettes for use in improvements to its existing WWTP in
Taos, New Mexico. This project will replace its existing secondary
wastewater treatment processes with a new MBR system to meet the
effluent requirements of the NPDES permit. The membrane filtration
cassette is an integral component of the MBR system because it
separates the treated wastewater from the mixed liquor which comes from
the biological reactors, before the treated wastewater is disinfected
and discharged. Taos chose the MBR system after an engineering analysis
of treatment alternatives. Taos determined this to be the most
environmentally sound and cost effective solution because it meets the
strict NPDES tertiary treatment standards for Total Suspended Solids,
Biological Oxygen Demand, and turbidity, when compared to other
considered solutions. In addition, in anticipation of procuring the MBR
system, Taos has already incorporated specific technical design
requirements for installation of membrane filter cassettes with the MBR
system at its WWTP, including specific tank footprint, geometry and
configuration.
Taos 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. Six companies were
considered for the membrane filtration cassettes, none based in the
United States. Taos has performed market research but was unsuccessful
in its effort to locate any domestic manufacturers of membrane
filtration cassettes for its WWTP.
Based on additional research conducted by EPA Region 6, there does
not appear to be any domestic MBR cassette manufacturers that would
meet Taos' technical specifications. EPA's national contractor prepared
a technical assessment report dated November 19, 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. Taos included a performance guarantee in
the request for proposal (RFP) as well as the original specification.
GE's performance guarantee applies to the entire MBR system, including
all components supplied by GE. The existence of the 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 the ``GE/Zenon Zeeweed 500D 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 P.L. 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.'' Taos 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 utilities, such as Taos, 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.
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 Taos 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 Taos' 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, Taos is
hereby granted a waiver from the Buy American requirements of ARRA,
Section 1605(a) of Public Law 111-5 for the purchase of ``GE/Zenon
Zeeweed 500D MBR system'' using ARRA funds, as specified in Taos'
request of October 23, 2009. This supplementary information constitutes
the detailed written justification required by ARRA,
[[Page 66966]]
Section 1605(c), for waivers ``based on a finding under subsection
(b).''
Authority: Public Law 111-5, section 1605.
Dated: December 9, 2009.
Al Armendariz,
Regional Administrator, U.S. Environmental Protection Agency, Region 6.
[FR Doc. E9-30046 Filed 12-16-09; 8:45 am]
BILLING CODE 6560-50-P
