Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to Mecklenburg County, NC, Land Use and Environmental Services Agency, 8347-8348 [2010-3684]
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices
U.S. EPA Region 10 offices, located at
1200 Sixth Avenue, Seattle, Washington
98101. A copy of the proposed
settlement may be obtained from Carol
Kennedy, Regional Hearing Clerk, U.S.
EPA Region 10, Mail Stop ORC–158,
1200 Sixth Avenue, Suite 900, Seattle,
Washington 98101; (206) 553–0242.
Comments should reference the
Anderson-Calhoun Mine and Mill Site
in Leadpoint, Washington, EPA Docket
No. CERCLA–10–2010–0105 and should
be addressed to Alexander Fidis,
Assistant Regional Counsel, U.S. EPA
Region 10, Mail Stop ORC–158, 1200
Sixth Avenue, Suite 900, Seattle,
Washington 98101.
FOR FURTHER INFORMATION CONTACT:
Alexander Fidis, Assistant Regional
Counsel, U.S. EPA Region 10, Mail Stop
ORC–158, 1200 Sixth Avenue, Suite
900, Seattle, Washington 98101; (206)
553–4710.
SUPPLEMENTARY INFORMATION: The
Anderson-Calhoun Mine and Mill Site
(Site) is located in Leadpoint, Stevens
County, Washington. Site operations
conducted between 1910 and the early
1980s included the mining and milling
of lead-zinc ore, and the milling of
barite ore. Waste-rock and mill tailings
produced by these operations were
disposed of at the Site in a raised
tailings impoundment and at areas
around the mill building. Waste-rock
and tailings at the Site contain
hazardous substances including barium,
cadmium, copper, lead, selenium and
zinc at concentrations that exceed
applicable cleanup levels. The Agency
has selected a removal action to address
potential or actual threats that these
substances may present to public health,
welfare, or the environment.
The settling party is one of three
parties that together spent
approximately $660,000 to investigate
and study the Site, assess cleanup
alternatives, and to develop an
Engineering Evaluation and Cost
Analysis that formed the basis for the
selection of the removal action. The
Agency entered into a settlement
agreement with the other two parties,
Docket Number CERCLA–10–2009–
0195, for $357,000, which was
deposited in a site-specific account.
Under the proposed agreement, the
settling party will pay $1,362,800 to the
site-specific account to cover the
remaining estimated costs of the
removal action. The settling party will
also conduct all future post-removal site
control as described in a finalized
maintenance and repair plan. The
proposed settlement will provide the
settling party with a covenant not to sue
or take administrative action, subject to
VerDate Nov<24>2008
16:49 Feb 23, 2010
Jkt 220001
a reservation of certain rights, for
recovery past response costs and for the
performance of the selected removal
action.
Dated: Feburary 16, 2010.
Linda Anderson-Carnahan,
Acting Director, Office of Environmental
Cleanup.
[FR Doc. 2010–3681 Filed 2–23–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL –9117–3]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to Mecklenburg
County, NC, Land Use and
Environmental Services Agency
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The EPA is hereby granting a
project waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section1605(b)(2)
[manufactured goods are not produced
in the United States of a satisfactory
quality] to the Mecklenburg County
Land Use and Environmental Services
Agency, for the purchase of coconut
fiber (coir) woven mats. 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
project-specific circumstances. These
coconut fiber woven mats, which are
supplied by HD Supply in Charlotte,
NC, are manufactured in India and Sri
Lanka, and meet Mecklenburg County’s
performance specifications and
requirements. The Acting Regional
Administrator is making this
determination based on the review and
recommendations of EPA Region 4. The
County has provided sufficient
documentation to support its 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 coconut fiber
woven mats for the Torrence Creek
Stream Restoration Project being
implemented by the Mecklenburg
County Land Use and Environmental
Services Agency that may otherwise be
prohibited under Section 1605(a) of the
ARRA.
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Fmt 4703
Sfmt 4703
DATES:
8347
Effective Date: January 28, 2010.
FOR FURTHER INFORMATION CONTACT:
Cynthia Y. Edwards, Project Officer,
Grants and SRF Section, Water
Protection Division (WPD), (404) 562–
9340, USEPA Region 4, 61 Forsyth St.,
SW., Atlanta, GA 30303.
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 Mecklenburg County
Land Use and Environmental Services
Agency, Mecklenburg County, North
Carolina, for the purchase of coconut
fiber woven mats manufactured in India
and Sri Lanka.
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, herein 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.
This manufactured good will be used
as part of the ‘‘Torrence Creek Stream
Restoration Project,’’ a stream
stabilization project in North Carolina.
The County states that only coconut
fiber woven mats meet the specific
needs of this project, which are
durability, mat size and
biodegradability. They indicate that the
key characteristics that set coconut fiber
woven mats apart from other
alternatives are a 3+ year in-stream life
expectancy followed by 100%
biodegradation, and visually
unobtrusive properties. The County
states that coconut fibers are more
durable than straw and other materials
used in alternative mat products, and
they do not require the incorporation of
polypropylene and/or other synthetic
products that are not 100%
biodegradable.
The April 28, 2009, EPA HQ
Memorandum, ‘‘Implementation of Buy
American provisions of Public Law
111–5, the ‘American Recovery and
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24FEN1
pwalker on DSK8KYBLC1PROD with NOTICES
8348
Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices
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.’’
The OMB ARRA Buy American
Guidance cites the Federal Acquisition
Regulation (FAR) as an appropriate
reference for availability waiver
inquiries. Specifically, the OMB
Guidance at section 176.80(a)(1) states
(at 77 FR 18452) that ‘‘The
determinations of nonavailability of the
articles listed at 48 CFR 25.104(a) and
the procedures at 48 CFR 25.103(b)(1)
also apply if any of those articles are
manufactured goods needed in the
project. The FAR’s list of nonavailable
articles includes ‘‘Fibers of the following
types: * * * coir,’’ thereby establishing
a presumption of lack of U.S.
availability. The FAR procedures at 48
CFR 25.103(b)(1) specified as required
in the OMB Guidance state that: (1)(i) A
nonavailability determination has been
made for the articles listed in 25.104.
This determination does not necessarily
mean that there is no domestic source
for the listed items, but that domestic
sources can only meet 50 percent or less
of total U.S. government and
nongovernment demand. (ii) Before
acquisition of an article on the list, the
procuring agency is responsible to
conduct market research appropriate to
the circumstances, including seeking of
domestic sources.
The applicant met the procedures
specified for the availability inquiry as
appropriate to the circumstances by
conducting on-line research and
contacting suppliers, and all sources
indicated that coconut fiber woven mats
are only manufactured outside of the
U.S. Therefore, based on the
information provided to EPA and to the
best of our knowledge at this time,
coconut fiber woven mats are not
manufactured in the United States, and
no other U.S. manufactured product can
meet Mecklenburg County’s
performance specifications and
requirements for this project.
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 agencies
such as Mecklenburg County Land Use
and Environmental Services Agency, to
revise their standards and
specifications. The imposition of ARRA
Buy American requirements on such
projects otherwise eligible for ARRA
State Revolving Fund assistance would
result in unreasonable delay and thus
VerDate Nov<24>2008
16:49 Feb 23, 2010
Jkt 220001
displace the ‘‘shovel ready’’ status for
this project. To further delay project
implementation is in direct conflict
with a fundamental economic purpose
of the ARRA, which is to create or retain
jobs.
EPA’s national contractor prepared a
technical assessment report dated
December 22, 2009, based on the
submitted waiver request. 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 comparable domestic products that
can meet the specific durability, size
and biodegradation needs of this
project.
The information and supporting
documentation provided by
Mecklenburg County is sufficient to
meet the criteria listed under Section
1605(b) of the ARRA and in the April
28, 2009, ‘‘Implementation of Buy
American provisions of Public Law
111–5, the ‘American Recovery and
Reinvestment Act of 2009’
Memorandum’’: Iron, steel, and the
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality. The basis for this
project waiver is the authorization
provided in Section 1605(b)(2) of the
ARRA. 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 the County’s
performance specifications and
requirements, a waiver from the Buy
American requirement is justified.
The March 31, 2009, Delegation of
Authority Memorandum provided
Regional Administrators with the
authority to issue exceptions to Section
1605 of the 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, Mecklenburg
County Land Use and Environmental
Services Agency, is hereby granted a
waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5 for the purchase of
coconut fiber woven mats using ARRA
funds as specified in the Mecklenburg
County Land and Environmental
Services Agency request of December
16, 2009. This supplementary
information constitutes the detailed
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
written justification required by Section
1605(c) for waivers ‘‘based on a finding
under subsection (b).’’
Authority: Public Law 111–5, section 1605.
Dated: January 28, 2010.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
[FR Doc. 2010–3684 Filed 2–23–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9117–6]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the
Massachusetts Water Resources
Authority (MWRA)
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
Massachusetts Water Resources
Authority (‘‘MWRA’’) for the purchase of
a 1.5 megawatt (MW) foreign
manufactured wind turbine for the
DeLauri Pump Station Renewable
Energy Project in Charlestown,
Massachusetts. 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. Based upon information
submitted by the MWRA, it has been
determined that there is currently no
domestically manufactured wind
turbine available or one that can be
supplied to meet its proposed project
specifications. The Regional
Administrator is making this
determination based on the review and
recommendations of the Municipal
Assistance Unit. 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 a foreign
manufactured 1.5 MW wind turbine by
the MWRA, as specified in its November
19, 2009 request.
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Agencies
[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Notices]
[Pages 8347-8348]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3684]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL -9117-3]
Notice of a Regional Project Waiver of Section 1605 (Buy
American) of the American Recovery and Reinvestment Act of 2009 (ARRA)
to Mecklenburg County, NC, Land Use and Environmental Services Agency
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The EPA is hereby granting a project waiver of the Buy
American requirements of ARRA Section 1605 under the authority of
Section1605(b)(2) [manufactured goods are not produced in the United
States of a satisfactory quality] to the Mecklenburg County Land Use
and Environmental Services Agency, for the purchase of coconut fiber
(coir) woven mats. 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 project-specific
circumstances. These coconut fiber woven mats, which are supplied by HD
Supply in Charlotte, NC, are manufactured in India and Sri Lanka, and
meet Mecklenburg County's performance specifications and requirements.
The Acting Regional Administrator is making this determination based on
the review and recommendations of EPA Region 4. The County has provided
sufficient documentation to support its 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 coconut fiber woven mats for
the Torrence Creek Stream Restoration Project being implemented by the
Mecklenburg County Land Use and Environmental Services Agency that may
otherwise be prohibited under Section 1605(a) of the ARRA.
DATES: Effective Date: January 28, 2010.
FOR FURTHER INFORMATION CONTACT: Cynthia Y. Edwards, Project Officer,
Grants and SRF Section, Water Protection Division (WPD), (404) 562-
9340, USEPA Region 4, 61 Forsyth St., SW., Atlanta, GA 30303.
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 Mecklenburg County Land Use and Environmental Services
Agency, Mecklenburg County, North Carolina, for the purchase of coconut
fiber woven mats manufactured in India and Sri Lanka.
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, herein 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.
This manufactured good will be used as part of the ``Torrence Creek
Stream Restoration Project,'' a stream stabilization project in North
Carolina. The County states that only coconut fiber woven mats meet the
specific needs of this project, which are durability, mat size and
biodegradability. They indicate that the key characteristics that set
coconut fiber woven mats apart from other alternatives are a 3+ year
in-stream life expectancy followed by 100% biodegradation, and visually
unobtrusive properties. The County states that coconut fibers are more
durable than straw and other materials used in alternative mat
products, and they do not require the incorporation of polypropylene
and/or other synthetic products that are not 100% biodegradable.
The April 28, 2009, EPA HQ Memorandum, ``Implementation of Buy
American provisions of Public Law 111-5, the `American Recovery and
[[Page 8348]]
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.''
The OMB ARRA Buy American Guidance cites the Federal Acquisition
Regulation (FAR) as an appropriate reference for availability waiver
inquiries. Specifically, the OMB Guidance at section 176.80(a)(1)
states (at 77 FR 18452) that ``The determinations of nonavailability of
the articles listed at 48 CFR 25.104(a) and the procedures at 48 CFR
25.103(b)(1) also apply if any of those articles are manufactured goods
needed in the project. The FAR's list of nonavailable articles includes
``Fibers of the following types: * * * coir,'' thereby establishing a
presumption of lack of U.S. availability. The FAR procedures at 48 CFR
25.103(b)(1) specified as required in the OMB Guidance state that:
(1)(i) A nonavailability determination has been made for the articles
listed in 25.104. This determination does not necessarily mean that
there is no domestic source for the listed items, but that domestic
sources can only meet 50 percent or less of total U.S. government and
nongovernment demand. (ii) Before acquisition of an article on the
list, the procuring agency is responsible to conduct market research
appropriate to the circumstances, including seeking of domestic
sources.
The applicant met the procedures specified for the availability
inquiry as appropriate to the circumstances by conducting on-line
research and contacting suppliers, and all sources indicated that
coconut fiber woven mats are only manufactured outside of the U.S.
Therefore, based on the information provided to EPA and to the best of
our knowledge at this time, coconut fiber woven mats are not
manufactured in the United States, and no other U.S. manufactured
product can meet Mecklenburg County's performance specifications and
requirements for this project.
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 agencies such as Mecklenburg
County Land Use and Environmental Services Agency, to revise their
standards and specifications. The imposition of ARRA Buy American
requirements on such projects otherwise eligible for ARRA State
Revolving Fund assistance would result in unreasonable delay and thus
displace the ``shovel ready'' status for this project. To further delay
project implementation is in direct conflict with a fundamental
economic purpose of the ARRA, which is to create or retain jobs.
EPA's national contractor prepared a technical assessment report
dated December 22, 2009, based on the submitted waiver request. 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 comparable
domestic products that can meet the specific durability, size and
biodegradation needs of this project.
The information and supporting documentation provided by
Mecklenburg County is sufficient to meet the criteria listed under
Section 1605(b) of the ARRA and in the April 28, 2009, ``Implementation
of Buy American provisions of Public Law 111-5, the `American Recovery
and Reinvestment Act of 2009' Memorandum'': Iron, steel, and the
manufactured goods are not produced in the United States in sufficient
and reasonably available quantities and of a satisfactory quality. The
basis for this project waiver is the authorization provided in Section
1605(b)(2) of the ARRA. 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 the County's performance
specifications and requirements, a waiver from the Buy American
requirement is justified.
The March 31, 2009, Delegation of Authority Memorandum provided
Regional Administrators with the authority to issue exceptions to
Section 1605 of the 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,
Mecklenburg County Land Use and Environmental Services Agency, is
hereby granted a waiver from the Buy American requirements of Section
1605(a) of Public Law 111-5 for the purchase of coconut fiber woven
mats using ARRA funds as specified in the Mecklenburg County Land and
Environmental Services Agency request of December 16, 2009. This
supplementary information constitutes the detailed written
justification required by Section 1605(c) for waivers ``based on a
finding under subsection (b).''
Authority: Public Law 111-5, section 1605.
Dated: January 28, 2010.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-3684 Filed 2-23-10; 8:45 am]
BILLING CODE 6560-50-P