Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the City of Coldwater, MI (Coldwater), 25241-25242 [2010-10916]
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Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices
Meeting Access: For information on
access or services for individuals with
disabilities, please contact Sonia Altieri
at 202–564–0243 or
altieri.sonia@epa.gov. To request
accommodation of a disability, please
contact Sonia Altieri, preferably at least
10 days prior to the meeting, to give
EPA as much time as possible to process
your request.
Dated: April 29, 2010.
Sonia Altieri,
Designated Federal Officer.
[FR Doc. 2010–10538 Filed 5–6–10; 8:45 am]
BILLING CODE 6560–50–M
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9145–7]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the City of Coldwater, MI (Coldwater)
jlentini on DSKJ8SOYB1PROD with NOTICES
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 section 1605(b)(2)
[manufactured goods are not produced
in the United States of a satisfactory
quality] to Coldwater, Michigan for the
purchase of high-speed, high-efficiency
magnetic bearing turbo-compressors that
will be used in the city’s sludge
treatment process. This is a projectspecific waiver and it 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. These turbocompressors, which are supplied by
ABS USA of Meriden, Connecticut, are
manufactured in Sweden, and meet
Coldwater’s performance specifications
and requirements. The Acting Regional
Administrator is making this
determination based on the review and
recommendations of EPA Region 5’s
Water Division. Coldwater 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 high-speed,
high-efficiency magnetic bearing turbocompressors for Coldwater’s activated
sludge project that may otherwise be
VerDate Mar<15>2010
19:19 May 06, 2010
Jkt 220001
prohibited under Section 1605(a) of the
ARRA.
DATES: Effective Date: March 26, 2010.
FOR FURTHER INFORMATION CONTACT:
Andrew Lausted, SRF Program Manager
(312) 886–0189, or Puja Lakhani, Office
of Regional Counsel, (312) 353–3190,
U.S. EPA Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c)
and pursuant to Section 1605(b)(2) of
Public Law 111–5, Buy American
requirements, EPA hereby provides
notice that it is granting a project waiver
to Coldwater, Michigan for the
acquisition of high-speed, highefficiency magnetic bearing turbocompressors that are manufactured in
Sweden.
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, or unless a waiver is
provided to the recipient by the head of
the appropriate agency, here 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 ARRA-funded project will
provide improved aeration for
Coldwater’s activated sludge treatment
process, allowing the Wastewater
Treatment Plant (WWTP) to meet the
stringent ammonia-nitrogen effluent
discharge limits required for this facility
placed into effect in May 2007.
Following a study of the cause for these
ammonia-nitrogen effluent discharge
excursions, it was determined the
WWTP’s current organic treatment
process was not capable of handling the
maximum day and peak ammonianitrogen loading occurrences
experienced by the facility. The existing
multistage centrifugal aeration blowers
cannot be turned down sufficiently to
adequately meet the low and average
aeration requirements on the WWTP.
These blowers also have insufficient
capacity to meet the peak aeration
requirements alone, and need
supplemental aeration blowers to meet
these demands. Relative to conventional
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
25241
technologies and equipment, the highspeed, high-efficiency turbocompressors
offer more turndown potential and the
ability for the WWTP to meet the low,
average, and peak aeration requirements
in combination with the existing
aeration blowers. The selected
equipment can operate at 38% of its
rated capacity, providing exceptional
turndown. Coldwater selected the
magnetic bearing technology because of
its ability to avoid overheating and its
track record of providing long-standing
reliable service—key advantages over
the competing airfoil bearing
technology. Further, as Coldwater
initiated its evaluation of the equipment
for selection and design phases well
before the enactment of ARRA, the
decision to do was clearly not an
attempt to avoid application of the Buy
American provisions of ARRA.
Coldwater’s submissions clearly
articulated functional reasons that
justified their technical specifications
and requirements.
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’,’’ 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 applicant met the requirements
specified for the availability inquiry as
appropriate to the circumstances by
conducting an extensive investigation
into all possible sources for high-speed,
high-efficiency turbo-compressors.
Based on the investigation, five
companies manufacture these machines,
but only two (ABS and one other
company) used magnetic bearings.
Moreover, both of the companies that
use magnetic bearings manufacture their
machines overseas. Therefore,
Coldwater believed that there was no
domestic product of satisfactory quality
available.
EPA’s national contractor prepared a
technical assessment report dated
December 24, 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. Therefore, based on the
information provided to EPA and to the
best of our knowledge at this time, the
high-speed, high-efficiency magnetic
bearing turbo-compressors necessary for
this project are not manufactured in the
E:\FR\FM\07MYN1.SGM
07MYN1
jlentini on DSKJ8SOYB1PROD with NOTICES
25242
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices
United States, and no other U.S.
manufactured product can meet
Coldwater’s project performance
specifications and requirements.
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
communities such as Coldwater to
revise their standards and specifications
and to start the bidding process again.
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.
The State and Tribal Programs Branch
has reviewed this waiver request and
has determined that the supporting
documentation provided by Coldwater
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 item in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality
in order to meet Coldwater’s project
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, Coldwater is
hereby granted a waiver from the Buy
American requirements of Section
1605(a) of Public Law 111–5 for the
purchase of high-speed, high efficiency
magnetic bearing turbo-compressors
using ARRA funds as specified in the
community’s request of December 21,
2009. This supplementary information
constitutes the detailed written
VerDate Mar<15>2010
19:19 May 06, 2010
Jkt 220001
justification required by Section 1605(c)
for waivers ‘‘based on a finding under
subsection (b).’’
Authority: Pub. L. 111–5, section 1605.
Dated: March 26, 2010.
Walter W. Kovalick,
Acting Regional Administrator, Region 5.
[FR Doc. 2010–10916 Filed 5–6–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9145–5]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the City of Faribault, MN (Faribault)
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 Section
1605(b)(2) [manufactured goods are not
produced in the United States of a
satisfactory quality] to Faribault for the
purchase of high-speed, high-efficiency
magnetic bearing turbo-compressors to
be used in the city’s sludge treatment
process. 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 turbocompressors, which are supplied by
ABS USA of Meriden, Connecticut, are
manufactured in Finland, and meet
Faribault’s performance specifications
and requirements. The Acting Regional
Administrator is making this
determination based on the review and
recommendations of EPA Region 5’s
Water Division. Faribault 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 high-speed,
high-efficiency magnetic bearing turbocompressors for Faribault’s activated
sludge project that may otherwise be
prohibited under Section 1605(a) of the
ARRA.
DATES: Effective Date: January 13, 2010.
FOR FURTHER INFORMATION CONTACT:
Andrew Lausted, SRF Program Manager
(312) 886–0189, or Puja Lakhani,
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
Regional Counsel, (312) 353–3190, U.S.
EPA Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c)
and pursuant to Section 1605(b)(2) of
Public Law 111–5, Buy American
requirements, EPA hereby provides
notice that it is granting a project waiver
to Faribault for the acquisition of highspeed, high-efficiency magnetic bearing
turbo-compressors that are
manufactured in Finland.
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, or unless a waiver is
provided to the recipient by the head of
the appropriate agency, here 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.
These manufactured goods will
provide aeration for Faribault’s
activated sludge treatment process. The
city selected the magnetic bearing
technology because of its ability to
avoid overheating and its track record of
providing long-standing reliable
service—key advantages over the
competing airfoil bearing technology.
Also, the project specifications required
a 322 horsepower capacity turbocompressor. Faribault’s submissions
clearly articulated functional reasons
that justified their technical
specifications and requirements.
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,’ ’’ 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 applicant met the procedures
specified for the availability inquiry as
appropriate to the circumstances by
conducting an extensive investigation
into all possible sources for high-speed,
E:\FR\FM\07MYN1.SGM
07MYN1
]]>Agencies
[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Pages 25241-25242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10916]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9145-7]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the City of Coldwater, MI (Coldwater)
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
section 1605(b)(2) [manufactured goods are not produced in the United
States of a satisfactory quality] to Coldwater, Michigan for the
purchase of high-speed, high-efficiency magnetic bearing turbo-
compressors that will be used in the city's sludge treatment process.
This is a project-specific waiver and it 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 turbo-
compressors, which are supplied by ABS USA of Meriden, Connecticut, are
manufactured in Sweden, and meet Coldwater's performance specifications
and requirements. The Acting Regional Administrator is making this
determination based on the review and recommendations of EPA Region 5's
Water Division. Coldwater 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 high-speed, high-efficiency magnetic bearing turbo-
compressors for Coldwater's activated sludge project that may otherwise
be prohibited under Section 1605(a) of the ARRA.
DATES: Effective Date: March 26, 2010.
FOR FURTHER INFORMATION CONTACT: Andrew Lausted, SRF Program Manager
(312) 886-0189, or Puja Lakhani, Office of Regional Counsel, (312) 353-
3190, U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c) and
pursuant to Section 1605(b)(2) of Public Law 111-5, Buy American
requirements, EPA hereby provides notice that it is granting a project
waiver to Coldwater, Michigan for the acquisition of high-speed, high-
efficiency magnetic bearing turbo-compressors that are manufactured in
Sweden.
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, or unless a waiver is provided to the recipient by the
head of the appropriate agency, here 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 ARRA-funded project will provide improved aeration for
Coldwater's activated sludge treatment process, allowing the Wastewater
Treatment Plant (WWTP) to meet the stringent ammonia-nitrogen effluent
discharge limits required for this facility placed into effect in May
2007. Following a study of the cause for these ammonia-nitrogen
effluent discharge excursions, it was determined the WWTP's current
organic treatment process was not capable of handling the maximum day
and peak ammonia-nitrogen loading occurrences experienced by the
facility. The existing multistage centrifugal aeration blowers cannot
be turned down sufficiently to adequately meet the low and average
aeration requirements on the WWTP. These blowers also have insufficient
capacity to meet the peak aeration requirements alone, and need
supplemental aeration blowers to meet these demands. Relative to
conventional technologies and equipment, the high-speed, high-
efficiency turbocompressors offer more turndown potential and the
ability for the WWTP to meet the low, average, and peak aeration
requirements in combination with the existing aeration blowers. The
selected equipment can operate at 38% of its rated capacity, providing
exceptional turndown. Coldwater selected the magnetic bearing
technology because of its ability to avoid overheating and its track
record of providing long-standing reliable service--key advantages over
the competing airfoil bearing technology. Further, as Coldwater
initiated its evaluation of the equipment for selection and design
phases well before the enactment of ARRA, the decision to do was
clearly not an attempt to avoid application of the Buy American
provisions of ARRA. Coldwater's submissions clearly articulated
functional reasons that justified their technical specifications and
requirements.
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','' 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 applicant met the requirements specified for the availability
inquiry as appropriate to the circumstances by conducting an extensive
investigation into all possible sources for high-speed, high-efficiency
turbo-compressors. Based on the investigation, five companies
manufacture these machines, but only two (ABS and one other company)
used magnetic bearings. Moreover, both of the companies that use
magnetic bearings manufacture their machines overseas. Therefore,
Coldwater believed that there was no domestic product of satisfactory
quality available.
EPA's national contractor prepared a technical assessment report
dated December 24, 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. Therefore, based
on the information provided to EPA and to the best of our knowledge at
this time, the high-speed, high-efficiency magnetic bearing turbo-
compressors necessary for this project are not manufactured in the
[[Page 25242]]
United States, and no other U.S. manufactured product can meet
Coldwater's project performance specifications and requirements.
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 communities such as Coldwater to
revise their standards and specifications and to start the bidding
process again. 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.
The State and Tribal Programs Branch has reviewed this waiver
request and has determined that the supporting documentation provided
by Coldwater 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 item in
the United States in sufficient and reasonably available quantities and
of a satisfactory quality in order to meet Coldwater's project
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, Coldwater
is hereby granted a waiver from the Buy American requirements of
Section 1605(a) of Public Law 111-5 for the purchase of high-speed,
high efficiency magnetic bearing turbo-compressors using ARRA funds as
specified in the community's request of December 21, 2009. This
supplementary information constitutes the detailed written
justification required by Section 1605(c) for waivers ``based on a
finding under subsection (b).''
Authority: Pub. L. 111-5, section 1605.
Dated: March 26, 2010.
Walter W. Kovalick,
Acting Regional Administrator, Region 5.
[FR Doc. 2010-10916 Filed 5-6-10; 8:45 am]
BILLING CODE 6560-50-P
