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 Falmouth, MA, 22129-22131 [2010-9751]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / Notices
recipient will receive a copy of this
document from EPA.
ADDRESSES: The subject memorandum
may be viewed and downloaded from
EPA’s homepage, https://www.epa.gov/
owm/cwfinance/cwsrf/law.htm.
FOR FURTHER INFORMATION CONTACT:
George Ames, (202) 564–0661 or
ames.george@epa.gov.
Dated: April 16, 2010.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. 2010–9758 Filed 4–26–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9142–5]
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
Falmouth, MA
mstockstill on DSKH9S0YB1PROD with NOTICES
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
Falmouth, Massachusetts for the
purchase of a foreign manufactured
wind turbine to be installed at its
existing wastewater treatment facility
site. 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 Town of Falmouth and
its consulting engineer, it has been
determined that there are currently no
domestic manufactured wind turbines
available to meet its proposed project
design and performance 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 wind turbine by the
Town of Falmouth, MA, as specified in
VerDate Nov<24>2008
16:09 Apr 26, 2010
Jkt 220001
its February 24, 2010 follow-up
submittal.
DATES: Effective Date: April 19, 2010.
FOR FURTHER INFORMATION CONTACT:
David Chin, Environmental Engineer,
(617) 918–1764, or Katie Connors,
Environmental Engineer, (617) 918–
1658, Municipal Assistance Unit (CMU),
Office of Ecosystem Protection (OEP),
U.S. EPA, 5 Post Office Square, Suite
100, Boston, MA 02109–3912.
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 Section 1605(b)(2) of
Public Law 111–5, Buy American
requirements, to the Town of Falmouth,
Massachusetts for the purchase of a
foreign manufactured wind turbine that
meets the Town of Falmouth’s design
and performance specifications to be
installed at its existing wastewater
treatment facility site.
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 a public works project
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 of Falmouth,
Massachusetts (MA) is proposing to
construct a foreign manufactured Vestas
model V82, 1.65 megawatt (MW) wind
turbine generator at the Town’s
wastewater treatment facility located at
154 Blacksmith Shop Road, a 314 acre
town owned site in Falmouth, MA. This
proposed wind turbine would be the
second one installed and commissioned
at the site although the existing wind
turbine was not funded through the
ARRA. The Town of Falmouth is
requesting a waiver for the purchase of
a 1.65 MW wind turbine comprised of
all turbine components, including, but
not limited to: The blades, the nacelle
(i.e. cover housing that holds the
equipment within a wind turbine), the
gear box, low and high speed shafts,
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
22129
generator, controller, and brake. The
wind turbine is manufactured by Vestas
of Denmark, and meets project design
and performance specifications. The
total estimated cost to furnish, install
and commission the proposed wind
turbine is approximately $4.3M.
Massachusetts is one of several
northeast states that has a climate
change action plan which calls for
significant CO2 emission reductions by
2020. Integral to that plan is a wider
adoption of non-emitting renewable
sources of electricity. Wind power is
currently the most practical source of
renewable energy to meet that goal. The
Massachusetts’ Renewable Portfolio
Standard (RPS) requires an increasing
amount of the electricity sold in the
Commonwealth to come from renewable
electricity, including wind power. RPS
is also one of the major policy tools put
in place to meet the CO2 reduction goals
under the climate change plan. This
project, while small, would contribute
towards achieving those goals. The
proposed wind turbine is expected to
generate an average of 3,075 MW hours
of electricity annually, representing
approximately 30% of the Town’s total
municipal building and facilities
electrical needs.
The Town of Falmouth has
thoroughly researched available
domestic and foreign wind turbine
manufacturers. According to the Town,
there was only one domestic
manufacturer that produces a wind
turbine that appears to meet project
design and performance specifications.
However, the identified domestic
manufacturer is not willing to supply a
wind turbine for installation at the
Falmouth Wastewater Treatment Plant,
nor is it willing to support a warranty
and service agreement for another
available unit that it has already
manufactured. According to the
domestic manufacturer, the Town’s
proposed construction site would not
meet the manufacturer’s internal setback
requirement distances to mitigate the
risks associated with potential ice
throws from the turbine blades. The
domestic manufacturer’s internal siting
considerations recommended that, for
safety in the event of icing, a setback
distance of 1.5 times the hub height and
rotor diameter—in this case, 646 feet—
be maintained from occupied structures,
roads, property lines and public access
areas. The proposed wind turbine
would be set back approximately 552
feet from the property line, 646 feet
from the nearest public road (Route 28),
and 1,150 feet from the nearest
residential structure.
Thus, the siting would provide
sufficient setback distances for the road
E:\FR\FM\27APN1.SGM
27APN1
mstockstill on DSKH9S0YB1PROD with NOTICES
22130
Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / Notices
and residential structures but not the
property line. The domestic
manufacturer cited the setback distance
to EPA’s national contractor as the basis
for its refusal to make its product
available for this project. However, the
domestic manufacturer’s internal siting
considerations also provided for other
possible mitigation techniques for
properties that do not meet these
setback considerations, but the
manufacturer did not offer to make its
product available based on the potential
application of such techniques at this
site, notwithstanding that the setback
limitations at this site were relatively
minor, and can readily be addressed by
mitigation techniques. (For example,
while a road located within the desired
setback distance cannot practically be
moved and will present some
continuing risk, a simple property line
incursion within the setback distance
can effectively be addressed by signs to
provide notice of the risk during certain
weather conditions.) The foreign
manufacturer which has already
supplied an identical 1.65 MW wind
turbine that meets the technical
specifications required by Falmouth at
the site has agreed to supply another
1.65 MW wind turbine to Falmouth at
the same site.
Based on information provided to the
EPA, the Town of Falmouth has taken
the necessary steps to obtain all
required local, state, and federal
approvals to move forward with the
proposed project. The Town of
Falmouth has adopted a local ordinance
regulating large scale wind turbines.
According to the submittal, Zoning
Article XXXIV, Chapter 240, Section
240–166 requires a Special Permit for
windmills with minimum setback from
property lines. The setback
requirements of the ordinance states
that ‘‘On the lot of the petitioner there
shall be an area sufficient so that a
circle, the center of which shall be no
less than the height of the tower as
measured from the base of the tower to
the uppermost of the blade, or tower,
whatever is greater plus 10 feet, may be
drawn and be completely within the
petitioner’s land.’’
According to the Town, based on the
setback requirements of the local
ordinance, a wind turbine with an 80
meter (262 feet) tower would be
required to be set back 272 feet from the
property line. All setback distances
noted above for the proposed wind
turbine meet the local zoning code. The
Town Planning Department has
determined that a wind turbine is a use
allowed as a matter of right in a Public
Use Zoning district pursuant to Section
VerDate Nov<24>2008
16:09 Apr 26, 2010
Jkt 220001
240–30, Permitted Community Service
Uses, of the Zoning Bylaw.
Furthermore, Special Legislation
(Chapter 200 of the Acts of 2007) was
also passed by the General Court of
Massachusetts to permit the Town of
Falmouth to design and install wind
energy facilities at its wastewater
treatment facility at Blacksmith Shop
Road, prepare and improve the site,
acquire all equipment necessary for the
wind energy facilities, and to make
related improvements and repairs to the
facilities. The Town has also secured
other project approvals and permits
from the Massachusetts Historical
Commission, the Massachusetts Natural
Heritage and Endangered Species
Program, the Department of Air Force
Space Command, the Massachusetts
Division of Fisheries and Wildlife and
the Federal Aviation Administration for
the proposed project.
The Town of Falmouth, in
discussions with the EPA Regional
Office, has stated that it will implement
a mitigation plan to minimize any
potential ice throws to ensure public
safety, which appears to provide an
ample margin of safety even within the
domestic manufacturer’s internal siting
considerations, where the setback
distances meet Town zoning
requirements, and any setback concerns
appear relatively minor and
appropriately mitigated. The Town of
Falmouth has indicated that the foreign
manufactured wind turbine that is being
supplied comes equipped with vibration
sensors to shut down the turbine when
ice build up is detected. The control
system will also be programmed to
allow for manual start up as well, which
will allow an operator to visually
inspect the turbine to confirm that there
is no ice remaining before the turbine is
re-started. The Town of Falmouth will
implement manual wind turbine
operational control strategies during
periods of ice accretion which include,
but are not limited to: Curtailment of
operation of the turbine, braking the
blades in a ‘‘Y’’ to facilitate ice shedding
directly underneath the wind turbine,
and yawing the nacelle so that the
blades are in the safest position for ice
shedding. It may also post warning signs
to alert personnel of the potential risk in
the area. Access to the turbine area at
the site is currently and will remain
restricted. After hours, the only
vehicular access to the treatment plant
site is through a gate that is typically
closed and locked. The mitigation plan
will be part of the overall operational
and maintenance protocol for the Town
of Falmouth wastewater treatment
facility.
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
Based on the evaluation of all of the
submitted documentation by EPA’s
technical review team, the Town of
Falmouth’s statement that no U.S.
manufacturer is willing to provide a 1.5
MW–2.0 MW wind turbine generator
that meets project performance
specifications is supported by the
available evidence. In addition, the
evaluation of the supporting
documentation indicates that at least
one foreign manufacturer will provide a
wind turbine at the proposed site that
can meet project design and
performance specifications.
The purpose of the ARRA is to
stimulate economic recovery by funding
current infrastructure construction, not
to delay projects that are ‘‘shovel ready’’
by requiring SRF eligible recipients,
such as the Town of Falmouth, to
redesign or relocate a potential project.
The imposition of ARRA Buy American
requirements in this case would result
in unreasonable delay and potentially
the cancellation of this project as sited.
The delay or cancellation of this
construction would directly conflict
with a fundamental economic purpose
of ARRA, which is to create or retain
jobs.
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 Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the supporting
documentation provided by the Town of
Falmouth establishes a proper basis to
specify the particular good required for
this project, that the Town of Falmouth
has agreed to implement a mitigation
plan to minimize the likelihood of any
potential ice throws to ensure public
safety, and that this manufactured good
was not available from a producer in the
United States. 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.
E:\FR\FM\27APN1.SGM
27APN1
Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / Notices
The March 31, 2009 Delegation of
Authority Memorandum provided
Regional Administrators with the
temporary 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 is not available from
a producer in the United States, the
Town of Falmouth 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
a foreign manufactured wind turbine as
documented in the Town of Falmouth’s
follow-up submittal dated February 24,
2010. 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: April 19, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA Region
1—New England.
[FR Doc. 2010–9751 Filed 4–26–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information Collection
Being Submitted for Review and
Approval to the Office of Management
and Budget (OMB), Comments
Requested
mstockstill on DSKH9S0YB1PROD with NOTICES
April 21, 2010.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection, as
required by the Paperwork Reduction
Act (PRA) of 1995, 44 U.S.C. 3501 –
3520. Comments are requested
concerning: (a) whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Commission, including
whether the information shall have
practical utility; (b) the accuracy of the
Commission’s burden estimate; (c) ways
to enhance the quality, utility, and
clarity of the information collected; (d)
ways to minimize the burden of the
collection of information on the
respondents, including the use of
VerDate Nov<24>2008
16:09 Apr 26, 2010
Jkt 220001
automated collection techniques or
other forms of information technology;
and (e) ways to further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a currently valid OMB
control number.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before May 27, 2010. If
you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via fax at 202–
395–5167 or via email to
Nicholas_A._Fraser@omb.eop.gov and
to the Federal Communications
Commission via email to PRA@fcc.gov
and Cathy.Williams@fcc.gov. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) Go
to the web page https://reginfo.gov/
public/do/PRAMain, (2) look for the
section of the web page called
‘‘Currently Under Review’’, (3) click on
the downward–pointing arrow in the
‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the right
of the ‘‘Select Agency’’ box, and (6)
when the list of FCC ICRs currently
under review appears, look for the title
of this ICR (or its OMB Control Number,
if there is one) and then click on the ICR
Reference Number to view detailed
information about this ICR.
FOR FURTHER INFORMATION CONTACT: For
additional information on the
information collection, contact Cathy
Williams on (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–1084.
Title: Rules and Regulations
Implementing Minimum Customer
Account Record Exchange Obligations
on All Local and Interexchange Carriers
(CARE).
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other for–
profit entities.
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
22131
Number of Respondents and
Responses: 2,242 respondents; 492,906
responses.
Estimated Time per Response: 1
minute (.017 hours) to 20 minutes (.33
hours).
Frequency of Response:
Recordkeeping and annual reporting
requirements.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for these information
requirements are found in sections 1–4,
201, 202, 222, 258, and 303(r) of the
Communications Act of 1934, as
amended; 47 U.S.C. 151–154, 201, 202,
222, 258, and 303(r).
Total Annual Burden: 40,885 hours.
Total Annual Cost: None.
Nature and Extent of Confidentiality:
Confidentiality is not an issue as
individuals and/or households are not
required to provide personally
identifiable information.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: In the 2005 Report
and Order and Further Notice of
Proposed Rulemaking, In the Matter of
Rules and Regulations Implementing
Minimum Customer Account Record
Exchange Obligations on All Local and
Interexchange Carriers (2005 Report and
Order), CG Docket No. 02–386, FCC 05–
29, which was released on February 25,
2005, the Commission adopted rules
governing the exchange of customer
account information between local
exchange carriers (LECs) and
interexchange carriers (IXCs). The
Commission concluded that mandatory,
minimum standards are needed in light
of record evidence demonstrating that
information needed by carriers to
execute customer requests and properly
bill customers is not being consistently
provided by all LECs and IXCs.
Specifically, the 2005 Report and Order
requires LECs to supply customer
account information to IXCs when: (1)
the LEC places an end user on, or
removes an end user from, an IXC’s
network; (2) an end user presubscribed
to an IXC makes certain changes to her
account information via her LEC; (3) an
IXC requests billing name and address
information for an end user who has
usage on an IXC’s network but for whom
the IXC does not have an existing
account; and (4) a LEC rejects an IXC–
initiated PIC order. The 2005 Report and
Order requires IXCs to notify LECs
when an IXC customer informs an IXC
directly of the customer’s desire to
change IXCs. In the accompanying
Further Notice of Proposed Rulemaking,
the Commission sought comment on
whether to require the exchange of
customer account information between
E:\FR\FM\27APN1.SGM
27APN1
]]>Agencies
[Federal Register Volume 75, Number 80 (Tuesday, April 27, 2010)]
[Notices]
[Pages 22129-22131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9751]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9142-5]
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 Falmouth, 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 Falmouth, Massachusetts for the purchase of a
foreign manufactured wind turbine to be installed at its existing
wastewater treatment facility site. 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 Town of Falmouth
and its consulting engineer, it has been determined that there are
currently no domestic manufactured wind turbines available to meet its
proposed project design and performance 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 wind
turbine by the Town of Falmouth, MA, as specified in its February 24,
2010 follow-up submittal.
DATES: Effective Date: April 19, 2010.
FOR FURTHER INFORMATION CONTACT: David Chin, Environmental Engineer,
(617) 918-1764, or Katie Connors, Environmental Engineer, (617) 918-
1658, Municipal Assistance Unit (CMU), Office of Ecosystem Protection
(OEP), U.S. EPA, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912.
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 Section 1605(b)(2) of Public Law 111-5, Buy American
requirements, to the Town of Falmouth, Massachusetts for the purchase
of a foreign manufactured wind turbine that meets the Town of
Falmouth's design and performance specifications to be installed at its
existing wastewater treatment facility site.
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 a public works project 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 of Falmouth, Massachusetts (MA) is proposing to construct
a foreign manufactured Vestas model V82, 1.65 megawatt (MW) wind
turbine generator at the Town's wastewater treatment facility located
at 154 Blacksmith Shop Road, a 314 acre town owned site in Falmouth,
MA. This proposed wind turbine would be the second one installed and
commissioned at the site although the existing wind turbine was not
funded through the ARRA. The Town of Falmouth is requesting a waiver
for the purchase of a 1.65 MW wind turbine comprised of all turbine
components, including, but not limited to: The blades, the nacelle
(i.e. cover housing that holds the equipment within a wind turbine),
the gear box, low and high speed shafts, generator, controller, and
brake. The wind turbine is manufactured by Vestas of Denmark, and meets
project design and performance specifications. The total estimated cost
to furnish, install and commission the proposed wind turbine is
approximately $4.3M.
Massachusetts is one of several northeast states that has a climate
change action plan which calls for significant CO2 emission
reductions by 2020. Integral to that plan is a wider adoption of non-
emitting renewable sources of electricity. Wind power is currently the
most practical source of renewable energy to meet that goal. The
Massachusetts' Renewable Portfolio Standard (RPS) requires an
increasing amount of the electricity sold in the Commonwealth to come
from renewable electricity, including wind power. RPS is also one of
the major policy tools put in place to meet the CO2
reduction goals under the climate change plan. This project, while
small, would contribute towards achieving those goals. The proposed
wind turbine is expected to generate an average of 3,075 MW hours of
electricity annually, representing approximately 30% of the Town's
total municipal building and facilities electrical needs.
The Town of Falmouth has thoroughly researched available domestic
and foreign wind turbine manufacturers. According to the Town, there
was only one domestic manufacturer that produces a wind turbine that
appears to meet project design and performance specifications. However,
the identified domestic manufacturer is not willing to supply a wind
turbine for installation at the Falmouth Wastewater Treatment Plant,
nor is it willing to support a warranty and service agreement for
another available unit that it has already manufactured. According to
the domestic manufacturer, the Town's proposed construction site would
not meet the manufacturer's internal setback requirement distances to
mitigate the risks associated with potential ice throws from the
turbine blades. The domestic manufacturer's internal siting
considerations recommended that, for safety in the event of icing, a
setback distance of 1.5 times the hub height and rotor diameter--in
this case, 646 feet--be maintained from occupied structures, roads,
property lines and public access areas. The proposed wind turbine would
be set back approximately 552 feet from the property line, 646 feet
from the nearest public road (Route 28), and 1,150 feet from the
nearest residential structure.
Thus, the siting would provide sufficient setback distances for the
road
[[Page 22130]]
and residential structures but not the property line. The domestic
manufacturer cited the setback distance to EPA's national contractor as
the basis for its refusal to make its product available for this
project. However, the domestic manufacturer's internal siting
considerations also provided for other possible mitigation techniques
for properties that do not meet these setback considerations, but the
manufacturer did not offer to make its product available based on the
potential application of such techniques at this site, notwithstanding
that the setback limitations at this site were relatively minor, and
can readily be addressed by mitigation techniques. (For example, while
a road located within the desired setback distance cannot practically
be moved and will present some continuing risk, a simple property line
incursion within the setback distance can effectively be addressed by
signs to provide notice of the risk during certain weather conditions.)
The foreign manufacturer which has already supplied an identical 1.65
MW wind turbine that meets the technical specifications required by
Falmouth at the site has agreed to supply another 1.65 MW wind turbine
to Falmouth at the same site.
Based on information provided to the EPA, the Town of Falmouth has
taken the necessary steps to obtain all required local, state, and
federal approvals to move forward with the proposed project. The Town
of Falmouth has adopted a local ordinance regulating large scale wind
turbines. According to the submittal, Zoning Article XXXIV, Chapter
240, Section 240-166 requires a Special Permit for windmills with
minimum setback from property lines. The setback requirements of the
ordinance states that ``On the lot of the petitioner there shall be an
area sufficient so that a circle, the center of which shall be no less
than the height of the tower as measured from the base of the tower to
the uppermost of the blade, or tower, whatever is greater plus 10 feet,
may be drawn and be completely within the petitioner's land.''
According to the Town, based on the setback requirements of the
local ordinance, a wind turbine with an 80 meter (262 feet) tower would
be required to be set back 272 feet from the property line. All setback
distances noted above for the proposed wind turbine meet the local
zoning code. The Town Planning Department has determined that a wind
turbine is a use allowed as a matter of right in a Public Use Zoning
district pursuant to Section 240-30, Permitted Community Service Uses,
of the Zoning Bylaw.
Furthermore, Special Legislation (Chapter 200 of the Acts of 2007)
was also passed by the General Court of Massachusetts to permit the
Town of Falmouth to design and install wind energy facilities at its
wastewater treatment facility at Blacksmith Shop Road, prepare and
improve the site, acquire all equipment necessary for the wind energy
facilities, and to make related improvements and repairs to the
facilities. The Town has also secured other project approvals and
permits from the Massachusetts Historical Commission, the Massachusetts
Natural Heritage and Endangered Species Program, the Department of Air
Force Space Command, the Massachusetts Division of Fisheries and
Wildlife and the Federal Aviation Administration for the proposed
project.
The Town of Falmouth, in discussions with the EPA Regional Office,
has stated that it will implement a mitigation plan to minimize any
potential ice throws to ensure public safety, which appears to provide
an ample margin of safety even within the domestic manufacturer's
internal siting considerations, where the setback distances meet Town
zoning requirements, and any setback concerns appear relatively minor
and appropriately mitigated. The Town of Falmouth has indicated that
the foreign manufactured wind turbine that is being supplied comes
equipped with vibration sensors to shut down the turbine when ice build
up is detected. The control system will also be programmed to allow for
manual start up as well, which will allow an operator to visually
inspect the turbine to confirm that there is no ice remaining before
the turbine is re-started. The Town of Falmouth will implement manual
wind turbine operational control strategies during periods of ice
accretion which include, but are not limited to: Curtailment of
operation of the turbine, braking the blades in a ``Y'' to facilitate
ice shedding directly underneath the wind turbine, and yawing the
nacelle so that the blades are in the safest position for ice shedding.
It may also post warning signs to alert personnel of the potential risk
in the area. Access to the turbine area at the site is currently and
will remain restricted. After hours, the only vehicular access to the
treatment plant site is through a gate that is typically closed and
locked. The mitigation plan will be part of the overall operational and
maintenance protocol for the Town of Falmouth wastewater treatment
facility.
Based on the evaluation of all of the submitted documentation by
EPA's technical review team, the Town of Falmouth's statement that no
U.S. manufacturer is willing to provide a 1.5 MW-2.0 MW wind turbine
generator that meets project performance specifications is supported by
the available evidence. In addition, the evaluation of the supporting
documentation indicates that at least one foreign manufacturer will
provide a wind turbine at the proposed site that can meet project
design and performance specifications.
The purpose of the ARRA is to stimulate economic recovery by
funding current infrastructure construction, not to delay projects that
are ``shovel ready'' by requiring SRF eligible recipients, such as the
Town of Falmouth, to redesign or relocate a potential project. The
imposition of ARRA Buy American requirements in this case would result
in unreasonable delay and potentially the cancellation of this project
as sited. The delay or cancellation of this construction would directly
conflict with a fundamental economic purpose of ARRA, which is to
create or retain jobs.
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 Municipal Assistance Unit (CMU) has reviewed this waiver
request and has determined that the supporting documentation provided
by the Town of Falmouth establishes a proper basis to specify the
particular good required for this project, that the Town of Falmouth
has agreed to implement a mitigation plan to minimize the likelihood of
any potential ice throws to ensure public safety, and that this
manufactured good was not available from a producer in the United
States. 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.
[[Page 22131]]
The March 31, 2009 Delegation of Authority Memorandum provided
Regional Administrators with the temporary 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 is not
available from a producer in the United States, the Town of Falmouth 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 a foreign manufactured wind turbine as documented in
the Town of Falmouth's follow-up submittal dated February 24, 2010.
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: April 19, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1--New England.
[FR Doc. 2010-9751 Filed 4-26-10; 8:45 am]
BILLING CODE 6560-50-P
