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 Sturbridge, MA, 53301-53303 [2010-21676]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices
Paperwork Reduction Act: EPA has
reviewed the requirements imposed on
regulated facilities in these proposed
general permits under the Paperwork
Reduction Act of 1980, 44 U.S.C. 501, et
seq. The information collection
requirements of these permits have
already been approved by the Office of
Management and Budget in submissions
made for the NPDES permit program
under the provisions of the Clean Water
Act.
Regulatory Flexibility Act (RFA), 5
U.S.C 601, et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act (SBREFA): The RFA
requires that EPA prepare a regulatory
flexibility analysis for rules subject to
the requirements of 5 U.S.C. 553(b) that
have a significant impact on a
substantial number of small entities.
The permit proposed today, however, is
not a ‘‘rule’’ subject to the requirements
of 5 U.S.C. 553(b) and is therefore not
subject to the RFA.
Unfunded Mandates Reform Act:
Section 201 of the Unfunded Mandates
Reform Act (UMRA), Public Law 104–4,
generally requires Federal agencies to
assess the effects of their ‘‘regulatory
actions’’ defined to be the same as
‘‘rules’’ subject to the RFA) on Tribal,
State, local governments and the private
sector. The permit proposed today,
however, is not a ‘‘rule’’ subject to the
RFA and is therefore not subject to the
requirements of the UMRA.
Authority: Clean Water Act, 33 U.S.C.
1251, et seq.
Dated: August 24, 2010.
Stephen S. Tuber,
Assistant Regional Administrator, Office of
Partnerships and Regulatory Assistance.
[FR Doc. 2010–21675 Filed 8–30–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9195–6]
Proposed Cercla Administrative Order
on Consent for the Standard Mine Site,
Gunnison County, CO
Environmental Protection
Agency (EPA).
ACTION: Notice and request for public
comment.
srobinson on DSKHWCL6B1PROD with NOTICES
AGENCY:
In accordance with the
requirements of section 122(i) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act, as amended (‘‘CERCLA’’), 42 U.S.C.
9622(I), notice is hereby given of a
proposed Administrative Order on
Consent (‘‘AOC’’) under sections 104,
SUMMARY:
VerDate Mar<15>2010
16:33 Aug 30, 2010
Jkt 220001
106, 107, and 122 of CERCLA, 42 U.S.C.
9604, 9606, 9607, and 9622, between
EPA and Elijah Valencia regarding the
Standard Mine Site, located in
Gunnison County, Colorado. The
proposed AOC is for recovery of past
and projected future response costs
concerning the Standard Mine site in
Gunnison County, Colorado with Elijah
Valencia based upon ability to pay. The
settlement requires the settling party to
execute an environmental covenant and
provide access to real property. The
settlement includes a covenant not to
sue the settling party pursuant to
Section 107(a) of CERCLA, 42 U.S.C.
9607(a). For thirty (30) days following
the date of publication of this notice, the
Agency will consider all comments
received on the AOC and may modify or
withdraw its consent to the AOC, if
comments received disclose facts or
considerations which indicate that the
settlement is inappropriate, improper,
or inadequate. The Agency’s response to
any comments received will be available
for public inspection at the EPA
Superfund Record Center, 1595
Wynkoop Street, 2nd Floor, in Denver,
Colorado.
Comments must be submitted on
or before September 30, 2010.
DATES:
The proposed settlement
and additional background information
relating to the settlement are available
for public inspection at the EPA
Superfund Records Center, 1595
Wynkoop Street, 2nd Floor, in Denver,
Colorado 80202. Comments and
requests for a copy of the proposed
settlement should be addressed to John
D. Works, Enforcement Specialist
(8ENF–RC), Technical Enforcement
Program, U.S. Environmental Protection
Agency, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, and should
reference the Standard Mine Site/
Valencia settlement.
ADDRESSES:
John
D. Works, Enforcement Specialist
(8ENF–RC), Technical Enforcement
Program, U.S. Environmental Protection
Agency, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, (303) 312–6196.
It is so agreed.
FOR FURTHER INFORMATION CONTACT:
Dated: August 25, 2010.
Sharon L. Kercher,
Acting Assistant Regional Administrator,
Office of Enforcement, Compliance and
Environmental Justice, U.S. Environmental
Protection Agency, Region 8.
[FR Doc. 2010–21718 Filed 8–30–10; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
53301
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9195–1]
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
Sturbridge, MA
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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
Sturbridge, Massachusetts (‘‘Town’’) for
the purchase of a foreign manufactured
submersible mixer to be installed in a
new septage storage tank as part of a
proposed wastewater treatment plant
upgrade. 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 Sturbridge and its
consulting engineer, it has been
determined that there are currently no
domestic manufactured submersible
mixers available to meet its proposed
technical 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 submersible mixer by the
Town of Sturbridge, Massachusetts, as
specified in its May 25, 2010 request.
DATES: Effective Date: August 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(b)(2) and 1605(c), the EPA hereby
provides notice that it is granting a
project waiver of the requirements of
SUMMARY:
E:\FR\FM\31AUN1.SGM
31AUN1
srobinson on DSKHWCL6B1PROD with NOTICES
53302
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices
Section 1605(a) of Public Law 111–5,
Buy American requirements, to the
Town of Sturbridge, Massachusetts for
the purchase of a non-domestic
manufactured submersible mixer, the
Landia Model POPR–1 made in
Denmark, to be installed in a new
septage storage tank to meet its
technical design specifications as part of
its proposed wastewater treatment plant
upgrade.
EPA has determined that the Town’s
waiver request is late, but EPA will
evaluate the request as if it were timely
made even though the request was made
after the construction contract was
signed. Consistent with the direction of
the OMB Guidance at 2 CFR 176.120,
EPA will generally regard waiver
requests with respect to components
that were specified in the bid
solicitation or in a general/primary
construction contract as ‘‘late’’ if
submitted after the contract date.
However, in this case EPA has
determined that the Town’s request,
though made after the date that the
contract was signed, can be evaluated as
timely because a domestic submersible
mixer meeting project specifications
was found to be unavailable by the
contractor only after the shop drawings
had become available, which was after
the contract date. The need for a waiver
was not determined until after the
contractor had completed its review and
had confirmed that there were no
domestic submersible mixers available
to meet project specifications.
Accordingly, EPA will evaluate the
request as if it were timely made.
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 Sturbridge is proposing
a major upgrade to its existing
secondary treatment facility. It will
include the construction of a new
VerDate Mar<15>2010
16:33 Aug 30, 2010
Jkt 220001
headworks building; renovations to the
existing process and filter buildings;
renovations to existing storage tanks and
the construction of new storage tanks;
construction of new yard piping and
conduit systems; and other site
improvements. The construction will
take place while the existing treatment
facility remains fully operational. The
estimated cost of the entire wastewater
treatment facility upgrade, necessary to
meet more stringent effluent limits in
the future and to accommodate
expansion of the municipal sewer
system, is approximately $16M.
According to the Town’s design
engineer, the corrosive nature of the
septage and landfill leachate to be
stored in the new septage storage tank
requires that the submersible mixer be
constructed entirely of stainless steel.
Other prominent specifications require
that the mixer be equipped with a single
planetary gear box with gear reduction
capability to provide increased
longevity and efficiency for the
submersible mixer, and require that the
mixer shaft be equipped with a motor
shaft sealing system comprised of three
seals. Excerpts from the submersible
mixer specifications document provided
by the Town’s design engineer include
the following:
(1) Each mixer shall be of the integralgear, close coupled, submersible type
with a maximum propeller speed of 390
rpm. All components of the mixer,
including the motor and gearbox, shall
be manufactured of solid AISI 316 acidproof stainless steel and provide
continuous underwater operation while
the mixer blades are completely
submerged. No stainless steel jackets
that cover a cast iron housing shall be
allowed.
(2) Each mixer shall be provided with
a grease chamber in the propeller hub
for the shaft sealing system, and a
separate oil chamber for the gearbox and
mechanical seals. Drains and inspection
plugs shall be provided with positive
anti-leak seals and shall be accessible
from the outside.
(3) Each mixer shall be provided with
a sealing system consisting of three seals
separating the various parts. The outer
seal in the propeller hub shall be a lip
seal with a stainless steel spring, sealing
the propeller shaft and hub grease
chamber from the mixed media, running
on a stainless steel exchangeable wear
bushing.
(4) The gearbox shall be a one-stage
planetary reduction gear, equipped with
high precision, low-loaded gears
designed for infinite life and shall have
a service factor of not less than 1.5.
The Town provided information on
four domestic manufacturers of
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
submersible mixers and has determined
that there are currently no domestic
manufacturers able to provide a
submersible mixer that can meet all of
the project technical specifications. The
Town also identified a foreign
manufacturer, Landia, Inc., in Denmark,
which produces a submersible mixer,
Landia Model POPR–1. According to the
design engineer for the Town, it is the
only submersible mixer that is equipped
with a gear reduction capability and is
constructed entirely of stainless steelwetted parts meeting all project
specifications. The Town has requested
a waiver for the Landia submersible
mixer, Model POPR–1, to be installed in
the new septage storage tank.
An independent evaluation
conducted by EPA’s technical review
team supports and confirms the Town’
claim that there are currently no
domestic manufacturers that can
provide a submersible mixer to meet
project specifications. Research and
follow-up communications between
EPA’s national contractor and the four
identified domestic manufacturers
confirmed that three do not manufacture
gear driven submersible mixers, and the
fourth does not produce entirely
stainless steel mixers. Additional
research conducted by EPA’s national
contractor identified another domestic
submersible mixer manufacturer.
However, it is not able to provide a
submersible mixer that meets project
specifications. While this manufacturer
claims that it plans to produce a
submersible mixer to meet project
specifications by the latter part of 2010,
it does not currently do so.
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.’’
Furthermore, the purpose of the
ARRA is to stimulate economic recovery
by funding current infrastructure
construction, not to delay or curtail
entirely projects that are ‘‘shovel ready’’
by requiring potential SRF eligible
recipients, such as the Town of
Sturbridge, to revise their design
standards and specifications. To curtail
entirely this construction would directly
E:\FR\FM\31AUN1.SGM
31AUN1
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices
conflict with a fundamental economic
purpose of ARRA, which is to create or
retain jobs.
The Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the supporting
documentation provided by Sturbridge
establishes both a proper basis to
specify a particular manufactured good,
and that the domestic manufactured
goods that are currently available do not
meet the design specifications for the
proposed project. 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.
The March 31, 2009 Delegation of
Authority Memorandum provided
Regional Administrators with 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 was not available
from a producer in the United States,
the Town of Sturbridge, Massachusetts
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
submersible mixer in Sturbridge’s
waiver request submittal dated May 25,
2010. 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: August 19, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA Region
1—New England.
Date and Time: The regular
meeting of the Board will be held at the
offices of the Farm Credit
Administration in McLean, Virginia, on
September 8, 2010, from 9 a.m. until
such time as the Board concludes its
business.
DATES:
FOR FURTHER INFORMATION CONTACT:
Roland E. Smith, Secretary to the Farm
Credit Administration Board, (703) 883–
4009, TTY (703) 883–4056.
ADDRESSES: Farm Credit
Administration, 1501 Farm Credit Drive,
McLean, Virginia 22102–5090.
SUPPLEMENTARY INFORMATION: Parts of
this meeting of the Board will be open
to the public (limited space available),
and parts will be closed to the public.
In order to increase the accessibility to
Board meetings, persons requiring
assistance should make arrangements in
advance. The matters to be considered
at the meeting are:
Open Session
A. Approval of Minutes
• August 12, 2010.
B. New Business
• Merger of the Louisiana Ag Credit
ACA, and Subsidiaries with Southern
AgCredit, ACA, and Subsidiaries.
• Fall 2010 Abstract of the Unified
Agenda of Federal Regulatory and
Deregulatory Actions and Fall 2010
Regulatory Performance Plan.
• Farm Credit Administration
Revised FY 2011 and Proposed FY 2012
Budget.
Closed Session*
• OSMO Quarterly Report.
*Session Closed—Exempt pursuant to
5 U.S.C. 552b(c)(8) and (9).
Dated: August 27, 2010.
Roland E. Smith,
Secretary, Farm Credit Administration Board.
[FR Doc. 2010–21859 Filed 8–27–10; 4:15 pm]
BILLING CODE 6705–01–P
FINANCIAL CRISIS INQUIRY
COMMISSION
Notice of Public Hearing
srobinson on DSKHWCL6B1PROD with NOTICES
FARM CREDIT ADMINISTRATION
Financial Crisis Inquiry
Commission.
ACTION: Notice.
AGENCY:
Farm Credit Administration Board;
Sunshine Act; Regular Meeting
AGENCY: Farm Credit Administration.
SUMMARY: Notice is hereby given,
VerDate Mar<15>2010
16:33 Aug 30, 2010
Jkt 220001
The next public hearing of the
Financial Crisis Inquiry Commission
(FCIC) is titled ‘‘Too Big to Fail:
Expectations and Impact of
Extraordinary Government Intervention
and the role of Systemic Risk in the
SUMMARY:
pursuant to the Government in the
Sunshine Act (5 U.S.C. 552b(e)(3)), of
the regular meeting of the Farm Credit
Administration Board (Board).
PO 00000
Frm 00033
Fmt 4703
Financial Crisis.’’ The forum will also be
webcast live at https://www.FCIC.gov.
DATES: The hearing will be held on:
Wednesday, September 1, 2010, 9 a.m.
EDT; and Thursday, September 2, 2010,
9 a.m. EDT.
ADDRESSES: The hearing will be held at:
Dirksen Senate Office Building, Room
538, Washington, DC 20515.
FOR FURTHER INFORMATION CONTACT:
Gretchen Kinney Newsom, Financial
Crisis Inquiry Commission, 1717
Pennsylvania Avenue, Suite 800,
Washington, DC 20006. 202–292–2799;
202–632–1604 fax.
SUPPLEMENTARY INFORMATION: The
purpose of the Financial Crisis Inquiry
Commission is to examine the causes,
domestic and global, of the current
financial and economic crisis in the
United States, per the requirements of
the Fraud Enforcement and Recovery
Act of 2009 (‘‘FERA’’), Section 5, Public
Law 111–21–123 Stat. 1617 (2009).
Public Participation: The hearing is
open to the public. The Chairman of the
Commission will lead the hearing for
the orderly conduct of business.
Dated: August 25, 2010.
Gretchen Kinney Newsom,
Certifying Official and Special Assistant to
the Chairman, Financial Crisis Inquiry
Commission.
[FR Doc. 2010–21613 Filed 8–30–10; 8:45 am]
BILLING CODE 6820–RK–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
Reports
[FR Doc. 2010–21676 Filed 8–30–10; 8:45 am]
BILLING CODE 6560–50–P
53303
Sfmt 4703
Findings of Research Misconduct
Office of the Secretary, HHS.
Notice.
AGENCY:
ACTION:
Notice is hereby given that
the Office of Research Integrity (ORI)
and the Assistant Secretary for Health
have taken final action in the following
case:
Hung-Shu Chang, PhD, Washington
State University: Based on the report of
an investigation conducted by the
Washington State University (WSU) and
additional analysis by ORI in its
oversight review, the U.S. Public Health
Service (PHS) found that Hung-Shu
Chang, PhD, former postdoctoral fellow,
WSU, engaged in research misconduct
in research supported by National
Institute of Environmental Health
Sciences (NIEHS), National Institutes of
Health (NIH), grant R01 ES012974.
PHS found that the Respondent
engaged in scientific (42 CFR 50.102)
and research misconduct by fabricating
SUMMARY:
E:\FR\FM\31AUN1.SGM
31AUN1
]]>Agencies
[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Pages 53301-53303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21676]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9195-1]
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 Sturbridge, 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 Sturbridge, Massachusetts (``Town'') for the
purchase of a foreign manufactured submersible mixer to be installed in
a new septage storage tank as part of a proposed wastewater treatment
plant upgrade. 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 Sturbridge and its consulting engineer,
it has been determined that there are currently no domestic
manufactured submersible mixers available to meet its proposed
technical 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 submersible mixer by the Town of
Sturbridge, Massachusetts, as specified in its May 25, 2010 request.
DATES: Effective Date: August 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(b)(2)
and 1605(c), the EPA hereby provides notice that it is granting a
project waiver of the requirements of
[[Page 53302]]
Section 1605(a) of Public Law 111-5, Buy American requirements, to the
Town of Sturbridge, Massachusetts for the purchase of a non-domestic
manufactured submersible mixer, the Landia Model POPR-1 made in
Denmark, to be installed in a new septage storage tank to meet its
technical design specifications as part of its proposed wastewater
treatment plant upgrade.
EPA has determined that the Town's waiver request is late, but EPA
will evaluate the request as if it were timely made even though the
request was made after the construction contract was signed. Consistent
with the direction of the OMB Guidance at 2 CFR 176.120, EPA will
generally regard waiver requests with respect to components that were
specified in the bid solicitation or in a general/primary construction
contract as ``late'' if submitted after the contract date. However, in
this case EPA has determined that the Town's request, though made after
the date that the contract was signed, can be evaluated as timely
because a domestic submersible mixer meeting project specifications was
found to be unavailable by the contractor only after the shop drawings
had become available, which was after the contract date. The need for a
waiver was not determined until after the contractor had completed its
review and had confirmed that there were no domestic submersible mixers
available to meet project specifications. Accordingly, EPA will
evaluate the request as if it were timely made.
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 Sturbridge is proposing a major upgrade to its existing
secondary treatment facility. It will include the construction of a new
headworks building; renovations to the existing process and filter
buildings; renovations to existing storage tanks and the construction
of new storage tanks; construction of new yard piping and conduit
systems; and other site improvements. The construction will take place
while the existing treatment facility remains fully operational. The
estimated cost of the entire wastewater treatment facility upgrade,
necessary to meet more stringent effluent limits in the future and to
accommodate expansion of the municipal sewer system, is approximately
$16M.
According to the Town's design engineer, the corrosive nature of
the septage and landfill leachate to be stored in the new septage
storage tank requires that the submersible mixer be constructed
entirely of stainless steel. Other prominent specifications require
that the mixer be equipped with a single planetary gear box with gear
reduction capability to provide increased longevity and efficiency for
the submersible mixer, and require that the mixer shaft be equipped
with a motor shaft sealing system comprised of three seals. Excerpts
from the submersible mixer specifications document provided by the
Town's design engineer include the following:
(1) Each mixer shall be of the integral-gear, close coupled,
submersible type with a maximum propeller speed of 390 rpm. All
components of the mixer, including the motor and gearbox, shall be
manufactured of solid AISI 316 acid-proof stainless steel and provide
continuous underwater operation while the mixer blades are completely
submerged. No stainless steel jackets that cover a cast iron housing
shall be allowed.
(2) Each mixer shall be provided with a grease chamber in the
propeller hub for the shaft sealing system, and a separate oil chamber
for the gearbox and mechanical seals. Drains and inspection plugs shall
be provided with positive anti-leak seals and shall be accessible from
the outside.
(3) Each mixer shall be provided with a sealing system consisting
of three seals separating the various parts. The outer seal in the
propeller hub shall be a lip seal with a stainless steel spring,
sealing the propeller shaft and hub grease chamber from the mixed
media, running on a stainless steel exchangeable wear bushing.
(4) The gearbox shall be a one-stage planetary reduction gear,
equipped with high precision, low-loaded gears designed for infinite
life and shall have a service factor of not less than 1.5.
The Town provided information on four domestic manufacturers of
submersible mixers and has determined that there are currently no
domestic manufacturers able to provide a submersible mixer that can
meet all of the project technical specifications. The Town also
identified a foreign manufacturer, Landia, Inc., in Denmark, which
produces a submersible mixer, Landia Model POPR-1. According to the
design engineer for the Town, it is the only submersible mixer that is
equipped with a gear reduction capability and is constructed entirely
of stainless steel-wetted parts meeting all project specifications. The
Town has requested a waiver for the Landia submersible mixer, Model
POPR-1, to be installed in the new septage storage tank.
An independent evaluation conducted by EPA's technical review team
supports and confirms the Town' claim that there are currently no
domestic manufacturers that can provide a submersible mixer to meet
project specifications. Research and follow-up communications between
EPA's national contractor and the four identified domestic
manufacturers confirmed that three do not manufacture gear driven
submersible mixers, and the fourth does not produce entirely stainless
steel mixers. Additional research conducted by EPA's national
contractor identified another domestic submersible mixer manufacturer.
However, it is not able to provide a submersible mixer that meets
project specifications. While this manufacturer claims that it plans to
produce a submersible mixer to meet project specifications by the
latter part of 2010, it does not currently do so.
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.''
Furthermore, the purpose of the ARRA is to stimulate economic
recovery by funding current infrastructure construction, not to delay
or curtail entirely projects that are ``shovel ready'' by requiring
potential SRF eligible recipients, such as the Town of Sturbridge, to
revise their design standards and specifications. To curtail entirely
this construction would directly
[[Page 53303]]
conflict with a fundamental economic purpose of ARRA, which is to
create or retain jobs.
The Municipal Assistance Unit (CMU) has reviewed this waiver
request and has determined that the supporting documentation provided
by Sturbridge establishes both a proper basis to specify a particular
manufactured good, and that the domestic manufactured goods that are
currently available do not meet the design specifications for the
proposed project. 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.
The March 31, 2009 Delegation of Authority Memorandum provided
Regional Administrators with 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 was not
available from a producer in the United States, the Town of Sturbridge,
Massachusetts 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
submersible mixer in Sturbridge's waiver request submittal dated May
25, 2010. 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: August 19, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1--New England.
[FR Doc. 2010-21676 Filed 8-30-10; 8:45 am]
BILLING CODE 6560-50-P
