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 Bristol, RI, 58380-58382 [2010-23968]
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srobinson on DSKHWCL6B1PROD with NOTICES
58380
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices
According to Auburn-Lewiston, the
subcontract to furnish and install the
ductile iron pipe and pipe fittings was
awarded on March 11, 2010 and none of
the subcontractors raised any concerns
about getting the pipe fittings delivered
on time. A purchase order for the
ductile iron piping and fittings was
placed on April 29, 2010 with an agreed
upon shipping date of July 19, 2010 to
meet the project schedule.
On July 19, 2010, the supplier
received notification from the domestic
foundries manufacturing the subject
fittings that due to production order
backlog, delivery of standard fittings
would be delayed at least 4 weeks and
delivery of the special, non-standard
fittings (long radius bends and large
diameter tees) could be delayed at least
8 weeks. The project procurement
manager reported that the estimated 4
and 8 week delays were not guaranteed
and that the delays could be longer. The
possibility of delays was confirmed by
EPA’s national contractor in
conversation with the manufacturer.
The project schedule called for
delivery and installation of the ductile
iron pipe fittings between July 16, 2010
and August 12, 2010, so the testing of
the lines could be initiated prior to
September 1, 2010. In addition, the
ultraviolet disinfection treatment system
testing completion and operator training
milestone date is December 8, 2010,
with an overall project completion and
transfer of facility to the owner date of
January 5, 2011. If the delivery of the
pipe fittings is delayed until midSeptember of 2010, it is estimated that
final completion date will be pushed
back to at least several weeks. There
also has been no guarantee given by the
manufacturer that the fittings will be
delivered by mid-September, the revised
delivery date. According to AuburnLewiston, delivery times for certain
items are being quoted as long as six
months for existing orders.
The project procurement manager
solicited quotations and committed
delivery times for non-domestic
manufactured ductile iron fittings from
two local suppliers. Based on the
information that was obtained, the nondomestic manufactured ductile iron
pipe fittings necessary for the project,
with the exception of one 24″ x 4″ tee,
could be delivered within a time frame
to meet the project schedule. The work
could be coordinated to accommodate
the later delivery of the 24″ x 4″ tee and
preserve the December 8, 2010 overall
system testing and operator training
milestone date, as well as the January 5,
2011 overall project completion date.
Based on the review conducted by
EPA’s national contractor, Auburn-
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Lewiston’s claim that the specific
ductile iron fittings are not available
from a domestic manufacturer to meet
project schedule milestones is
supported by the available evidence. At
least eight additional potential domestic
manufacturers of ductile iron pipe
fittings were contacted and it was
determined that none would be able to
meet the required project delivery
schedule.
Furthermore, 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 potential
SRF eligible recipients, such as the
Auburn-Lewiston to either revise their
design standards and specifications, or
in this situation significantly alter its
construction schedule. The imposition
of ARRA Buy American requirements in
this case would result in an
unreasonable delay for this project. To
delay 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 Pub. L. 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 AuburnLewiston establishes both a proper basis
to specify a particular manufactured
good, and that the domestic
manufactured good is currently not
available to meet the construction
schedule 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 the
temporary authority to issue exceptions
to Section 1605 of the ARRA within the
geographic boundaries of their
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Fmt 4703
Sfmt 4703
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 City of Lewiston, Maine and the
Auburn, Maine Water District are
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 non-domestic
manufactured pipe fittings documented
in Auburn-Lewiston’s waiver request
submittal dated July 28, 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: September 15, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA Region
1—New England.
[FR Doc. 2010–23989 Filed 9–23–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9206–3]
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
Bristol, RI
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA is hereby granting a
waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(1) [inconsistent with the public
interest] to the Town of Bristol, Rhode
Island (Town) for the utilization and
installation of two influent and two
effluent sluice gates for the facility’s two
final clarifiers as part of a larger overall
wastewater treatment plant upgrade
project. 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. The Town had been
assured by the manufacturer that the
sluice gates would be made in a facility
in Massachusetts. However, the
manufacturer informed the Town of
Bristol in writing on July 8, 2010 that
SUMMARY:
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Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices
due to an internal miscommunication,
the sluice gates that were delivered to
the site for installation were actually
manufactured in Canada, and not in
Massachusetts. The manufacturer has
offered to provide these sluice gates at
no charge other than the cost for freight
and field service. Re-ordering the sluice
gates and having them manufactured in
the Massachusetts facility would delay
the upgrade work to the final clarifiers
by at least three months. Unfortunately,
the existing final clarifier equipment is
failing, and given that existing
wastewater flows at the wastewater
treatment plant are at seasonal lows, the
most opportune time to install the sluice
gates would be during the July and
August time frame. Based upon
information submitted by the Town’s
consulting engineer, EPA has concluded
that requiring the installation of
domestic manufactured sluice gates,
which would extend the time frame by
at least three months, would be
inconsistent with the public interest,
and that a waiver of the Buy American
provisions is justified. 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 the
requirements of Section 1605(a) of
ARRA. This action allows the
installation of the foreign manufactured
influent and effluent sluice gates, as
specified in its July 8, 2010 request.
DATES: Effective Date: September 15,
2010.
srobinson on DSKHWCL6B1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Katie Connors, Environmental Engineer,
(617) 918–1658, or, David Chin,
Environmental Engineer, (617) 918–
1764, 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(a) of
Public Law 111–5, Buy American
requirements, to the Town of Bristol,
Rhode Island for the installation of two
influent and two effluent sluice gates for
two final clarifiers as part of a
wastewater treatment plant upgrade
project. Based on the information
provided by the Town’s design
engineer, EPA has determined that it is
inconsistent with the public interest for
the Town to further delay the project
VerDate Mar<15>2010
16:12 Sep 23, 2010
Jkt 220001
and pursue the purchase of domestically
manufactured sluice gates.
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 under Section 1605(b) 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.
Consistent with the direction of
OMB’s regulation at 2 CFR 176.120, EPA
will generally consider a waiver request
with respect to components that were
specified in the bid solicitation or in a
general/primary construction contract or
those made after obligating ARRA funds
for a project to be a ‘‘late’’ request.
However, in this case EPA has
determined that the Town’s request,
though made after the date the contract
was signed, can be evaluated as timely
because the manufacturer informed the
general contractor on July 8, 2010 that
due to an internal miscommunication,
the sluice gates that were delivered to
the construction site had been
manufactured in its Quebec, Canada
facility. The need for a waiver was not
determined until after the general
contractor was informed of the
miscommunication and delivery of the
foreign manufactured sluice gates. The
recipient could not reasonably have
foreseen the need for a determination
until informed of the error. Accordingly,
EPA will evaluate the request as if it
were timely.
The Town is requesting a waiver of
the Buy American provision for
installation of two influent and two
effluent sluice gates for the facility’s two
final clarifiers as part of a larger overall
wastewater treatment plant upgrade
project. The planned upgrades to the
final clarifiers include removal and
replacement of the following
equipment: (a) Two clarifier
mechanisms including trusses
supporting the sludge rakes; scum
skimmers; drive mechanisms and a new
walkway; (b) two influent and two
effluent sluice gates; (c) scum removal
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
58381
equipment; and (d) effluent weirs and
troughs. The sluice gates are necessary
for isolating each final clarifier and are
currently not functional as they are
remain ‘‘stuck’’ in the open position. The
existing clarifier mechanisms are over
twenty years old and in need of
immediate repair. The mechanisms are
approximately 75 feet in diameter and
scrape the settled sludge to the sludge
pump for withdrawal and processing.
Each mechanism also incorporates scum
removal rake arms and scum troughs
that provide scum removal from the
surface of the tanks.
One of the final clarifier skimmer arm
supports began to fail in June of 2009.
The supports became bent making the
entire mechanism inoperable. In order
to allow the continued removal of the
sludge from the bottom of the tank, the
sludge collection arms needed to be
removed. Since the existing sluice gates
were inoperable, the Town was required
to hire a diver to disconnect the
skimmer support arms. Immediately
after the failure of the first final clarifier
skimmer, the skimmer arm for the
second final clarifier also failed and was
also removed. Since the removal of the
skimmer arms last summer and until the
completion of these proposed upgrades,
wastewater treatment plant personnel
have been manually removing scum
from these tanks.
The Town’s general contractor
submitted the sluice gate shop drawings
for review in February of 2010. The
Town’s design engineer reviewed the
shop drawings and determined that the
sluice gates were manufactured in
Canada and would not meet the Buy
American requirements. This was
conveyed to the general contractor in
March of 2010. The general contractor
was informed by the manufacturer that
it had the capability to manufacture the
sluice gates at its Orange, Massachusetts
facility. Based on the belief of all parties
that this would satisfy the Buy
American requirements, the project
proceeded and the gates were scheduled
for delivery and installation in July of
2010. All of the other final clarifier
equipment has been delivered to the site
and is ready for installation, pending
installation of the new sluice gates.
Unfortunately, the manufacturer
informed the general contractor on July
8, 2010 that due to an internal
miscommunication, the sluice gates that
were delivered to the construction site
had been manufactured in its Quebec,
Canada facility, not in Orange,
Massachusetts. The Town had been
assured by the manufacturer in March of
2010 that the sluice gates would be
made in the Orange, Massachusetts
manufacturing facility. The
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srobinson on DSKHWCL6B1PROD with NOTICES
58382
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices
manufacturer is aware of the scheduling
implications and has offered to provide
the sluice gates at no cost, other than for
freight and field service charges. The
Town, which could not reasonably
foresee the need for a waiver to the Buy
American provision of the ARRA,
submitted a waiver request immediately
(July 9th, 2010) after they were informed
by the manufacturer of the delivery
oversight.
Re-ordering the gates and having them
manufactured in the Massachusetts
facility would delay the upgrade work
to the final clarifiers by at least three
months. Unfortunately, the existing
final clarifier equipment has already
failed, and since existing wastewater
flows at the wastewater treatment plant
are currently at seasonal lows, the most
opportune time to install the new sluice
gates would be during the July and
August time frame.
Furthermore, the purpose of the
ARRA is to stimulate economic recovery
by funding current infrastructure
construction, not to delay or require the
substantial redesign of projects that are
‘‘shovel ready,’’ such as this project at
the Bristol, Rhode Island Wastewater
Treatment Plant. The implementation of
the ARRA Buy American requirements
in this case would result in additional
cost for this project and unreasonable
delay in its completion. Such delay
would also directly conflict with a
fundamental economic purpose of
ARRA, which is to create or retain jobs.
More importantly, the imposition of the
Buy American requirement would result
in additional risk to water quality
protection.
The Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the supporting
documentation provided by the Town’s
design engineer established a proper
basis to specify that using the domestic
manufactured good would be
inconsistent with the public interest of
the Town of Bristol, Rhode Island. The
information provided is sufficient to
meet the following criteria listed under
Section 1605(b)(1) of the ARRA and in
the April 28, 2009 Memorandum:
Applying these requirements would be
inconsistent with the public interest.
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 using
a domestically available alternative
VerDate Mar<15>2010
16:12 Sep 23, 2010
Jkt 220001
manufactured good would be
inconsistent with the public interest, the
Town of Bristol, Rhode Island 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 installation
and utilization of foreign manufactured
influent and effluent sluice gates as
documented in the Town’s waiver
request submittal dated July 9, 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: September 15, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA Region
1—New England.
[FR Doc. 2010–23968 Filed 9–23–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9206–3]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the City of
Lowell, MA
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA is hereby granting a
waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(1) [inconsistent with the public
interest] to the City of Lowell,
Massachusetts (City) for the purchase of
a foreign manufactured 30-inch
diameter pipe tee fitting for a finished
water pipe at the Lowell Water
Treatment Facility. This is a projectspecific 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 projectspecific circumstances. The proposed
work involved repairing an existing 30inch cement lined ductile iron fitting on
a finished water line in the Lowell
Water Treatment Facility. Based upon
information submitted by the City’s
consulting engineer, EPA has concluded
that, under the given circumstances (i.e.
emergency standby situation, the need
to minimize disruption in water
transmission service), requiring the
installation of an alternative domestic
SUMMARY:
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
manufactured pipe fitting would be
inconsistent with the public interest,
and that a waiver of the Buy American
provisions is justified. 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 the
requirements of Section 1605(a) of
ARRA. This action allows the purchase
and installation of the foreign
manufactured 30-inch pipe fitting
media, as specified in its June 18, 2010
request.
DATES: Effective Date: September 15,
2010.
FOR FURTHER INFORMATION CONTACT:
Katie Connors, Environmental Engineer,
(617) 918–1658, or, David Chin,
Environmental Engineer, (617) 918–
1764, 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(a) of
Public Law 111–5, Buy American
requirements, to the City of Lowell,
Massachusetts for the purchase of a nondomestic 30-inch diameter pipe fitting
for a finished water pipe at the Lowell
Water Treatment Facility. EPA has
evaluated the City’s basis for procuring
a 30-inch diameter pipe fitting from
China at a cost of $4,000. Based on the
information provided by the City’s
design engineer, EPA has determined
that it is inconsistent with the public
interest for the City to have pursued the
purchase of a domestically
manufactured 30-inch diameter pipe
fitting under the specific circumstances
encountered by the City.
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 under Section 1605(b) 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
E:\FR\FM\24SEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Notices]
[Pages 58380-58382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23968]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9206-3]
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 Bristol, RI
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The EPA is hereby granting a waiver of the Buy American
requirements of ARRA Section 1605 under the authority of Section
1605(b)(1) [inconsistent with the public interest] to the Town of
Bristol, Rhode Island (Town) for the utilization and installation of
two influent and two effluent sluice gates for the facility's two final
clarifiers as part of a larger overall wastewater treatment plant
upgrade project. 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. The Town
had been assured by the manufacturer that the sluice gates would be
made in a facility in Massachusetts. However, the manufacturer informed
the Town of Bristol in writing on July 8, 2010 that
[[Page 58381]]
due to an internal miscommunication, the sluice gates that were
delivered to the site for installation were actually manufactured in
Canada, and not in Massachusetts. The manufacturer has offered to
provide these sluice gates at no charge other than the cost for freight
and field service. Re-ordering the sluice gates and having them
manufactured in the Massachusetts facility would delay the upgrade work
to the final clarifiers by at least three months. Unfortunately, the
existing final clarifier equipment is failing, and given that existing
wastewater flows at the wastewater treatment plant are at seasonal
lows, the most opportune time to install the sluice gates would be
during the July and August time frame. Based upon information submitted
by the Town's consulting engineer, EPA has concluded that requiring the
installation of domestic manufactured sluice gates, which would extend
the time frame by at least three months, would be inconsistent with the
public interest, and that a waiver of the Buy American provisions is
justified. 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 the requirements of Section 1605(a) of ARRA. This action
allows the installation of the foreign manufactured influent and
effluent sluice gates, as specified in its July 8, 2010 request.
DATES: Effective Date: September 15, 2010.
FOR FURTHER INFORMATION CONTACT: Katie Connors, Environmental Engineer,
(617) 918-1658, or, David Chin, Environmental Engineer, (617) 918-1764,
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(a) of Public Law 111-5, Buy American
requirements, to the Town of Bristol, Rhode Island for the installation
of two influent and two effluent sluice gates for two final clarifiers
as part of a wastewater treatment plant upgrade project. Based on the
information provided by the Town's design engineer, EPA has determined
that it is inconsistent with the public interest for the Town to
further delay the project and pursue the purchase of domestically
manufactured sluice gates.
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 under Section 1605(b) 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.
Consistent with the direction of OMB's regulation at 2 CFR 176.120,
EPA will generally consider a waiver request with respect to components
that were specified in the bid solicitation or in a general/primary
construction contract or those made after obligating ARRA funds for a
project to be a ``late'' request. However, in this case EPA has
determined that the Town's request, though made after the date the
contract was signed, can be evaluated as timely because the
manufacturer informed the general contractor on July 8, 2010 that due
to an internal miscommunication, the sluice gates that were delivered
to the construction site had been manufactured in its Quebec, Canada
facility. The need for a waiver was not determined until after the
general contractor was informed of the miscommunication and delivery of
the foreign manufactured sluice gates. The recipient could not
reasonably have foreseen the need for a determination until informed of
the error. Accordingly, EPA will evaluate the request as if it were
timely.
The Town is requesting a waiver of the Buy American provision for
installation of two influent and two effluent sluice gates for the
facility's two final clarifiers as part of a larger overall wastewater
treatment plant upgrade project. The planned upgrades to the final
clarifiers include removal and replacement of the following equipment:
(a) Two clarifier mechanisms including trusses supporting the sludge
rakes; scum skimmers; drive mechanisms and a new walkway; (b) two
influent and two effluent sluice gates; (c) scum removal equipment; and
(d) effluent weirs and troughs. The sluice gates are necessary for
isolating each final clarifier and are currently not functional as they
are remain ``stuck'' in the open position. The existing clarifier
mechanisms are over twenty years old and in need of immediate repair.
The mechanisms are approximately 75 feet in diameter and scrape the
settled sludge to the sludge pump for withdrawal and processing. Each
mechanism also incorporates scum removal rake arms and scum troughs
that provide scum removal from the surface of the tanks.
One of the final clarifier skimmer arm supports began to fail in
June of 2009. The supports became bent making the entire mechanism
inoperable. In order to allow the continued removal of the sludge from
the bottom of the tank, the sludge collection arms needed to be
removed. Since the existing sluice gates were inoperable, the Town was
required to hire a diver to disconnect the skimmer support arms.
Immediately after the failure of the first final clarifier skimmer, the
skimmer arm for the second final clarifier also failed and was also
removed. Since the removal of the skimmer arms last summer and until
the completion of these proposed upgrades, wastewater treatment plant
personnel have been manually removing scum from these tanks.
The Town's general contractor submitted the sluice gate shop
drawings for review in February of 2010. The Town's design engineer
reviewed the shop drawings and determined that the sluice gates were
manufactured in Canada and would not meet the Buy American
requirements. This was conveyed to the general contractor in March of
2010. The general contractor was informed by the manufacturer that it
had the capability to manufacture the sluice gates at its Orange,
Massachusetts facility. Based on the belief of all parties that this
would satisfy the Buy American requirements, the project proceeded and
the gates were scheduled for delivery and installation in July of 2010.
All of the other final clarifier equipment has been delivered to the
site and is ready for installation, pending installation of the new
sluice gates.
Unfortunately, the manufacturer informed the general contractor on
July 8, 2010 that due to an internal miscommunication, the sluice gates
that were delivered to the construction site had been manufactured in
its Quebec, Canada facility, not in Orange, Massachusetts. The Town had
been assured by the manufacturer in March of 2010 that the sluice gates
would be made in the Orange, Massachusetts manufacturing facility. The
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manufacturer is aware of the scheduling implications and has offered to
provide the sluice gates at no cost, other than for freight and field
service charges. The Town, which could not reasonably foresee the need
for a waiver to the Buy American provision of the ARRA, submitted a
waiver request immediately (July 9th, 2010) after they were informed by
the manufacturer of the delivery oversight.
Re-ordering the gates and having them manufactured in the
Massachusetts facility would delay the upgrade work to the final
clarifiers by at least three months. Unfortunately, the existing final
clarifier equipment has already failed, and since existing wastewater
flows at the wastewater treatment plant are currently at seasonal lows,
the most opportune time to install the new sluice gates would be during
the July and August time frame.
Furthermore, the purpose of the ARRA is to stimulate economic
recovery by funding current infrastructure construction, not to delay
or require the substantial redesign of projects that are ``shovel
ready,'' such as this project at the Bristol, Rhode Island Wastewater
Treatment Plant. The implementation of the ARRA Buy American
requirements in this case would result in additional cost for this
project and unreasonable delay in its completion. Such delay would also
directly conflict with a fundamental economic purpose of ARRA, which is
to create or retain jobs. More importantly, the imposition of the Buy
American requirement would result in additional risk to water quality
protection.
The Municipal Assistance Unit (CMU) has reviewed this waiver
request and has determined that the supporting documentation provided
by the Town's design engineer established a proper basis to specify
that using the domestic manufactured good would be inconsistent with
the public interest of the Town of Bristol, Rhode Island. The
information provided is sufficient to meet the following criteria
listed under Section 1605(b)(1) of the ARRA and in the April 28, 2009
Memorandum: Applying these requirements would be inconsistent with the
public interest.
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 using a domestically available
alternative manufactured good would be inconsistent with the public
interest, the Town of Bristol, Rhode Island 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 installation and
utilization of foreign manufactured influent and effluent sluice gates
as documented in the Town's waiver request submittal dated July 9,
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: September 15, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1--New England.
[FR Doc. 2010-23968 Filed 9-23-10; 8:45 am]
BILLING CODE 6560-50-P
