Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Marin Resource Conservation District Project #C-06-6922-110 Funded by the California CWSRF ARRA Loan #09-306-550, 9207-9208 [2010-4075]
Download as PDF
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices
review the primary (health-based)
NAAQS for CO. CASAC has previously
provided consultative advice on EPA’s
Plan for Review of the National Ambient
Air Quality Standards for Carbon
Monoxide, the first document in this
review of the CO NAAQS. CASAC held
a public meeting in Chapel Hill, North
Carolina on May 12–13, 2009 (as
announced in 74 FR 15265–15266) to
review the first draft Integrated Science
Assessment for Carbon Monoxide and
provide consultative advice on the
Carbon Monoxide National Ambient Air
Quality Standards: Scope and Methods
Plan for Risk and Exposure Assessment.
CASAC reviewed the second draft
Integrated Science Assessment for
Carbon Monoxide and the first draft
Risk and Exposure Assessment to
Support the Review of the Carbon
Monoxide Primary National Ambient
Air Quality Standards during the
November 16–17, 2009 public meeting
(as announced in 74 FR 54042–54043).
The CASAC advisory reports are
available on the EPA Web site at https://
www.epa.gov/casac.
The purpose of the March 22 and 23,
2010 meeting is for the CASAC Panel to
conduct peer reviews of the Risk and
Exposure Assessment to Support the
Review of the Carbon Monoxide Primary
National Ambient Air Quality
Standards: Second External Review
Draft and the Policy Assessment for the
Review of the Carbon Monoxide
National Ambient Air Quality
Standards: External Review Draft
recently issued by EPA’s Office of Air
and Radiation (OAR). The purpose of
the Policy Assessment is to ‘‘bridge the
gap’’ between the scientific information
and the judgments required of the
Administrator in determining whether it
is appropriate to retain or revise the
carbon monoxide standards. The draft
Policy Assessment builds upon the key
scientific and technical information
contained in the Agency’s final
Integrated Science Assessment for
Carbon Monoxide (January 2010), as
well as the Risk and Exposure
Assessment. The chartered CASAC will
review and approve the Panel’s draft
reports by a public conference call on
April 19, 2010.
Technical Contacts: Any questions
concerning EPA’s Risk and Exposure
Assessment to Support the Review of the
Carbon Monoxide Primary National
Ambient Air Quality Standards: Second
External Review Draft or Policy
Assessment for the Review of the Carbon
Monoxide National Ambient Air Quality
Standards: External Review Draft
should be directed to Dr. Deirdre
Murphy, OAR, murphy.deirdre@epa.gov
or (919) 541–0729 or Dr. Ines Pagan,
VerDate Nov<24>2008
16:46 Feb 26, 2010
Jkt 220001
OAR, at pagan.ines@epa.gov or (919)
541–5469.
Availability of Meeting Materials:
Both EPA–OAR’s Risk and Exposure
Assessment to Support the Review of the
Carbon Monoxide Primary National
Ambient Air Quality Standards: Second
External Review Draft and Policy
Assessment for the Review of the Carbon
Monoxide National Ambient Air Quality
Standards: External Review Draft will
be available at https://www.epa.gov/ttn/
naaqs/standards/co/s_co_index.html.
The agenda and other materials for the
CASAC meetings will be posted on the
SAB Web site at https://www.epa.gov/
casac.
Procedures for Providing Public Input:
Interested members of the public may
submit relevant written or oral
information for consideration on the
topics included in this advisory activity.
Oral Statements: To be placed on the
public speaker list for the March 22 and
23, 2010 meeting, interested parties
should notify Ms. Kyndall Barry, DFO,
by e-mail no later than March 15, 2010.
To be placed on the public speaker list
for the April 19, 2010 teleconference,
interested parties should notify Dr.
Holly Stallworth, DFO, by e-mail no
later than April 13, 2010. Individuals
making oral statements will be limited
to five minutes per speaker. Written
Statements: Written statements for the
March 22 and 23, 2010 meeting should
be received in the SAB Staff Office by
March 15, 2010, so that the information
may be made available to the CASAC
Panel for its consideration prior to this
meeting. Written statements for the
April 19, 2010 meeting should be
received in the SAB Staff Office by
April 13, 2010. Written statements
should be supplied to the appropriate
DFO in the following formats: one hard
copy with original signature and one
electronic copy via e-mail (acceptable
file format: Adobe Acrobat PDF, MS
Word, WordPerfect, MS PowerPoint, or
Rich Text files in IBM–PC/Windows 98/
2000/XP format). Submitters are asked
to provide versions of each document
submitted with and without signatures,
because the SAB Staff Office does not
publish documents with signatures on
its Web sites.
Accessibility: For information on
access or services for individuals with
disabilities, please contact Ms. Barry at
the phone number or e-mail address
noted above, preferably at least ten days
prior to the meeting, to give EPA as
much time as possible to process your
request.
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
9207
Dated: February 23, 2010.
Anthony F. Maciorowski,
Deputy Director, EPA Science Advisory Board
Staff Office.
[FR Doc. 2010–4141 Filed 2–26–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9118–8]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Marin Resource Conservation
District Project #C–06–6922–110
Funded by the California CWSRF
ARRA Loan #09–306–550
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(b)(2) (manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality)
to the Marin Resource Conservation
District (MRCD), a Clean Water State
Revolving Fund/ARRA loan recipient,
for the purchase of a GrundFos SQ Flex
6 SQF–2 solar powered submersible
pump system with control and solar
panels (pump system) manufactured in
Denmark by GrundFos. 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 projectspecific circumstances. The Assistant
Administrator of the Office of
Administration and Resources
Management has concurred on this
decision to make an exception under
section 1605(b)(2) of ARRA.
DATES: Effective Date: December 14,
2009.
FOR FURTHER INFORMATION CONTACT:
Abimbola Odusoga, Environmental
Engineer, Water Division, Infrastructure
Office (WTR–4), (415) 972–3437, U.S.
EPA Region 9, 75 Hawthorne San
Francisco, CA 94105.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c),
EPA hereby provides notice it is
granting a project waiver of the
requirements of Section 1605(b)(2) of
Public Law 111–5, Buy American
requirements, to the MRCD for the
acquisition of the GrundFos SQ Flex 6
E:\FR\FM\01MRN1.SGM
01MRN1
mstockstill on DSKH9S0YB1PROD with NOTICES
9208
Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices
SQF–2 solar powered submersible
pump system with control and solar
panels (pump system) manufactured in
Denmark by GrundFos. The head of
each federal agency is authorized to
issue project waivers pursuant to
Section 1605(c) of ARRA. Section
1605(a) of the ARRA requires that none
of the funds appropriated or otherwise
made available by the ARRA 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. Pursuant to Section
1605(c), a waiver may be provided if
EPA determines: (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. A Delegation of Authority
Memorandum was issued by the EPA
Administrator on March 31, 2009 which
provided EPA Regional Administrators
with the authority to issue waivers to
Section 1605(a) of ARRA within the
geographic boundaries of their
respective regions and with respect to
requests by individual recipients of
ARRA financial assistance.
The MRCD implements projects
within the Tomales Bay and Stemple
Creek Watersheds to stop soil erosion,
improve riparian habitat, and stabilize
eroding stream channels on agricultural
lands. The MRCD is installing the pump
system to redevelop a brick well in
order to provide replacement water for
livestock which have been kept from
natural water supplies, due to efforts to
fence off a creek for streamside and
riparian restoration, which restoration
will also reduce non-point source
pollution. This project is intended to
further the purposes of the San
Francisco Bay Regional Water Quality
Control Board (SFBRWQCB) plan to
facilitate land (grazing) management by
providing water and water outlets. This
will permit the landowner to practice
rotational grazing and avoid depleting
the integrity of the land with intense
grazing.
The MRCD’s specifications require the
pump system to deliver 920 gallons per
day (GPD) against a total dynamic head
(TDH) of 160 feet. The MRCD stated in
their waiver submission that the closest
equivalent domestically-manufactured
pump systems do not meet these project
specifications. Initial analysis by EPA’s
VerDate Nov<24>2008
16:46 Feb 26, 2010
Jkt 220001
national contractor indicated that there
was one domestic manufacturer that
might be able to meet the project
specifications, but observed that
additional information clarifying the
project’s winter month flow
requirements was necessary to
determine whether this domestic
manufacturer could meet all necessary
project specifications.
Additional information provided by
the MRCD specified that the system
must also have a pumping capacity of
1400 GPD at 160 feet of TDH during the
winter. Further analysis by EPA and
EPA’s national contractor confirmed
that domestic models capable of
meeting the pumping capacity and TDH
specifications in winter months would
require an additional fuel source. The
method to generate this power would
require the use of the emergency
generator system. Using the emergency
system defeats the purpose of having a
backup source, and leaves the project
site vulnerable to failure. Moreover, as
the back-up source of power supply
would need to be in operation for nearly
the same amount of time that the solar
powered equipment would be in
operation, this reliance on the
emergency system compromises the
environmental significance achieved by
having a solar powered pump system.
The April 28, 2009 EPA
Memorandum for implementation of the
ARRA Buy American provisions of P.L.
111–5, states the quantity of iron, steel,
or relevant manufactured good is
‘‘reasonably available’’ if it is available at
the time and place needed, and in the
proper form or specification as specified
in the project plans and design.
The MRCD’s submission articulates a
reasonable and appropriate basis for
choosing the type of technology it chose
for this project in environmental
objectives and performance
specifications. Further, it provides
sufficient documentation the relevant
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantity and of a
satisfactory quality to meet its technical
specifications. The MRCD has
incorporated specific technical design
specifications for the proposed project
based on their needs and provided
information to the EPA indicating there
are currently no pump systems
manufactured in the United States that
have equivalent product specifications.
The MRCD has also provided
certification from its supplier indicating
there are no systems of comparable
quality available from a domestic
manufacturer to meet its specifications.
Based on additional research conducted
by the EPA’s Buy American consultant,
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
there do not appear to be other pump
systems available to meet the MRCD’s
specifications.
Furthermore, the purpose of the
ARRA is to stimulate economic recovery
by funding current infrastructure
construction, not to delay shovel ready
projects by requiring entities, like the
MRCD, to revise their design and
potentially choose a more costly and
less efficient project. The imposition of
ARRA Buy American requirements on
such projects eligible for CWSRF
assistance would result in unreasonable
delay and thus displace the ‘‘shovel
ready’’ status for this project.
The EPA Region 9 Infrastructure
Office, Office of Regional Counsel,
EPA’s Buy American consultant, and
EPA’s Office of Administration and
Resource Management have reviewed
this waiver request and have
determined the supporting
documentation provided by the MRCD
is sufficient to meet the criteria listed
under ARRA Section 1605(b)(2) and the
EPA April 28, 2009, Memorandum for
implementation of ARRA Buy American
provisions of Public Law 111–5.
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 MRCD is hereby granted a waiver
from the Buy American requirements of
Sections 1605(a) of Public Law 111–5,
for the purchase of the GrundFos pump
system, specified in the MRCD’s request
of September 23, 2009. This
supplementary information constitutes
the detailed written justification
required by Section 1605(c) for waivers
based on a finding under Section
1605(b)(2).
Authority: Public Law 111–5, Section
1605.
Dated: December 14, 2009.
Laura Yoshii,
Acting Regional Administrator, EPA Pacific
Southwest Region.
[FR Doc. 2010–4075 Filed 2–26–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9119–8]
Proposed Consent Decree, Clean Air
Act Citizen Suit
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of proposed consent
decree; request for public comment.
E:\FR\FM\01MRN1.SGM
01MRN1
Agencies
[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Pages 9207-9208]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4075]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9118-8]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Marin Resource Conservation District Project C-
06-6922-110 Funded by the California CWSRF ARRA Loan 09-306-
550
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(b)(2) (manufactured goods
are not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality) to the Marin
Resource Conservation District (MRCD), a Clean Water State Revolving
Fund/ARRA loan recipient, for the purchase of a GrundFos SQ Flex 6 SQF-
2 solar powered submersible pump system with control and solar panels
(pump system) manufactured in Denmark by GrundFos. 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. The Assistant Administrator of the
Office of Administration and Resources Management has concurred on this
decision to make an exception under section 1605(b)(2) of ARRA.
DATES: Effective Date: December 14, 2009.
FOR FURTHER INFORMATION CONTACT: Abimbola Odusoga, Environmental
Engineer, Water Division, Infrastructure Office (WTR-4), (415) 972-
3437, U.S. EPA Region 9, 75 Hawthorne San Francisco, CA 94105.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c), EPA
hereby provides notice it is granting a project waiver of the
requirements of Section 1605(b)(2) of Public Law 111-5, Buy American
requirements, to the MRCD for the acquisition of the GrundFos SQ Flex 6
[[Page 9208]]
SQF-2 solar powered submersible pump system with control and solar
panels (pump system) manufactured in Denmark by GrundFos. The head of
each federal agency is authorized to issue project waivers pursuant to
Section 1605(c) of ARRA. Section 1605(a) of the ARRA requires that none
of the funds appropriated or otherwise made available by the ARRA 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. Pursuant to Section 1605(c), a waiver may be provided if EPA
determines: (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. A Delegation of Authority Memorandum was issued
by the EPA Administrator on March 31, 2009 which provided EPA Regional
Administrators with the authority to issue waivers to Section 1605(a)
of ARRA within the geographic boundaries of their respective regions
and with respect to requests by individual recipients of ARRA financial
assistance.
The MRCD implements projects within the Tomales Bay and Stemple
Creek Watersheds to stop soil erosion, improve riparian habitat, and
stabilize eroding stream channels on agricultural lands. The MRCD is
installing the pump system to redevelop a brick well in order to
provide replacement water for livestock which have been kept from
natural water supplies, due to efforts to fence off a creek for
streamside and riparian restoration, which restoration will also reduce
non-point source pollution. This project is intended to further the
purposes of the San Francisco Bay Regional Water Quality Control Board
(SFBRWQCB) plan to facilitate land (grazing) management by providing
water and water outlets. This will permit the landowner to practice
rotational grazing and avoid depleting the integrity of the land with
intense grazing.
The MRCD's specifications require the pump system to deliver 920
gallons per day (GPD) against a total dynamic head (TDH) of 160 feet.
The MRCD stated in their waiver submission that the closest equivalent
domestically-manufactured pump systems do not meet these project
specifications. Initial analysis by EPA's national contractor indicated
that there was one domestic manufacturer that might be able to meet the
project specifications, but observed that additional information
clarifying the project's winter month flow requirements was necessary
to determine whether this domestic manufacturer could meet all
necessary project specifications.
Additional information provided by the MRCD specified that the
system must also have a pumping capacity of 1400 GPD at 160 feet of TDH
during the winter. Further analysis by EPA and EPA's national
contractor confirmed that domestic models capable of meeting the
pumping capacity and TDH specifications in winter months would require
an additional fuel source. The method to generate this power would
require the use of the emergency generator system. Using the emergency
system defeats the purpose of having a backup source, and leaves the
project site vulnerable to failure. Moreover, as the back-up source of
power supply would need to be in operation for nearly the same amount
of time that the solar powered equipment would be in operation, this
reliance on the emergency system compromises the environmental
significance achieved by having a solar powered pump system.
The April 28, 2009 EPA Memorandum for implementation of the ARRA
Buy American provisions of P.L. 111-5, states the quantity of iron,
steel, or relevant manufactured good is ``reasonably available'' if it
is available at the time and place needed, and in the proper form or
specification as specified in the project plans and design.
The MRCD's submission articulates a reasonable and appropriate
basis for choosing the type of technology it chose for this project in
environmental objectives and performance specifications. Further, it
provides sufficient documentation the relevant manufactured goods are
not produced in the United States in sufficient and reasonably
available quantity and of a satisfactory quality to meet its technical
specifications. The MRCD has incorporated specific technical design
specifications for the proposed project based on their needs and
provided information to the EPA indicating there are currently no pump
systems manufactured in the United States that have equivalent product
specifications. The MRCD has also provided certification from its
supplier indicating there are no systems of comparable quality
available from a domestic manufacturer to meet its specifications.
Based on additional research conducted by the EPA's Buy American
consultant, there do not appear to be other pump systems available to
meet the MRCD's specifications.
Furthermore, the purpose of the ARRA is to stimulate economic
recovery by funding current infrastructure construction, not to delay
shovel ready projects by requiring entities, like the MRCD, to revise
their design and potentially choose a more costly and less efficient
project. The imposition of ARRA Buy American requirements on such
projects eligible for CWSRF assistance would result in unreasonable
delay and thus displace the ``shovel ready'' status for this project.
The EPA Region 9 Infrastructure Office, Office of Regional Counsel,
EPA's Buy American consultant, and EPA's Office of Administration and
Resource Management have reviewed this waiver request and have
determined the supporting documentation provided by the MRCD is
sufficient to meet the criteria listed under ARRA Section 1605(b)(2)
and the EPA April 28, 2009, Memorandum for implementation of ARRA Buy
American provisions of Public Law 111-5.
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 MRCD is hereby
granted a waiver from the Buy American requirements of Sections 1605(a)
of Public Law 111-5, for the purchase of the GrundFos pump system,
specified in the MRCD's request of September 23, 2009. This
supplementary information constitutes the detailed written
justification required by Section 1605(c) for waivers based on a
finding under Section 1605(b)(2).
Authority: Public Law 111-5, Section 1605.
Dated: December 14, 2009.
Laura Yoshii,
Acting Regional Administrator, EPA Pacific Southwest Region.
[FR Doc. 2010-4075 Filed 2-26-10; 8:45 am]
BILLING CODE 6560-50-P