Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Woodlake Tax District in Woodbury, CT, 79374-79375 [2010-31894]
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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices
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guidance on estimating project
emissions using EPA’s MOVES model,
California’s EMFAC model, and other
methods; and outlines how to apply air
quality dispersion models for
quantitative PM hot-spot analyses. The
guidance also discusses how to
calculate design values for comparison
to each PM NAAQS, as well as how to
determine which air quality modeling
receptors may or may not be appropriate
for PM hot-spot analyses.15 The
guidance also describes how the
interagency consultation process should
be used to develop quantitative hot-spot
analyses in PM nonattainment and
maintenance areas. In addition, the
guidance includes other resources and
examples to assist in conducting
quantitative PM hot-spot modeling
analyses. However, the guidance does
not change transportation conformity
rule requirements for PM hot-spot
analyses, such as what types of projects
are subject to these analyses. EPA notes
that this guidance helps implement
existing CAA and transportation
conformity requirements and is not a
regulation. In addition, certain sections
of this guidance may be applicable
when completing air quality analyses
for transportation projects for purposes
other than transportation conformity.
EPA has coordinated with the DOT in
developing this final guidance.
A draft of this guidance was made
available for public comment on May
26, 2010, with a closing date of July 19,
2010 (75 FR 29537–29538). EPA
received 15 sets of comments on the
draft guidance and considered these
comments when developing the final
document.
As discussed in Section I, the
conformity rule requires EPA to release
guidance on how to conduct
quantitative PM hot-spot analyses prior
to announcing that the requirement to
conduct such analyses is in effect (40
CFR 93.123(b)(4)). This regulatory
requirement is met with today’s release
of this final quantitative PM hot-spot
modeling guidance, as described in this
notice. The qualitative PM hot-spot
requirements under 40 CFR 93.123(b)(2)
will no longer apply in any PM2.5 and
PM10 nonattainment and maintenance
areas once the grace period is over and
quantitative requirements are in effect.
At that time, the 2006 EPA/FHWA
qualitative PM hot-spot guidance will be
15 EPA stated in the March 2006 final rule that the
PM hot-spot modeling guidance would ‘‘consider
how projects of air quality concern are predicted to
impact air quality at existing and potential PM2.5
monitor locations which are appropriate to allow
the comparison of predicted PM2.5 concentrations to
the current PM2.5 standards, based on PM2.5 monitor
siting requirements (40 CFR Part 58).’’ (71 FR 12471)
VerDate Mar<15>2010
17:18 Dec 17, 2010
Jkt 223001
superseded by EPA’s quantitative PM
hot-spot guidance for these analyses.
B. Guidance for Using MOVES in
Project-Level CO Analyses
EPA is also releasing today the final
guidance document: ‘‘Using MOVES in
Project-Level Carbon Monoxide
Analyses’’ (EPA–420–B–10–041). The
purpose of this guidance is to describe
how to use MOVES to estimate CO
emissions from highway and transit
projects in States other than California.
This guidance is available online at the
EPA Web site: https://www.epa.gov/otaq/
stateresources/transconf/policy.htm.
EPA coordinated with DOT in
developing this guidance.
This guidance can be applied when
using MOVES to complete any
quantitative CO project-level analysis,
including: CO hot-spot analyses for
transportation conformity
determinations, localized SIP modeling,
and CO project-level analyses
completed pursuant to the National
Environmental Policy Act. EPA and
DOT will provide outreach and training
for using this guidance.
Dated: December 14, 2010.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air
Quality.
[FR Doc. 2010–31909 Filed 12–17–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9241–2]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the Woodlake
Tax District in Woodbury, CT
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)(2) [manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality]
to the Woodlake Tax District (‘‘District’’)
in Woodbury, Connecticut for the
purchase of a submersible well pump as
part of the construction of a new
bedrock well field and raw water
transmission line. This is a project
specific waiver and only applies to the
use of the specified product for the
ARRA project being proposed. Any
SUMMARY:
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
other ARRA recipient that wishes to use
the same product must apply for a
separate waiver based on project
specific circumstances. Based upon
information submitted by the District
and its consulting engineer, it has been
determined that there are currently no
domestically manufactured submersible
well pumps available to meet its
proposed 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 3 inch
diameter submersible well pump by the
District, as specified in its October 19,
2010 request.
DATES: Effective Date: December 10,
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 District for the
purchase of a non-domestically
manufactured 3 inch diameter
submersible well pump to meet the
District’s specifications as part of the
construction of a new bedrock well field
and raw water transmission line.
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
E:\FR\FM\20DEN1.SGM
20DEN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices
the overall project by more than 25
percent.
Consistent with the direction of the
OMB Guidance at 2 CFR 176.120, EPA
has evaluated the District’s request to
determine if the request constitutes a
late request. 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 District’s request,
though made after the date that the
contract was signed, can be evaluated as
timely because the need for a waiver
was not reasonably foreseeable. During
construction, one of the three bedrock
wells became unstable and required
additional PVC casing to be installed the
length of the well. Due to the additional
PVC casing in the well, the 4 inch
diameter well pump specified during
design could no longer be utilized and
a smaller 3 inch diameter submersible
well pump was needed. The recipient
could not reasonably have foreseen the
need for a waiver prior to the changed
circumstances which developed during
construction. Accordingly, EPA will
evaluate the request as a timely request.
The District is requesting a waiver
from the Buy American provision of
ARRA for one 3 inch diameter, 1
horsepower, single phase submersible
well pump manufactured by Grundfos
Pump Corporation. The unit is
scheduled for installation by the end of
November 2010. During drilling and
pump testing of one of the three bedrock
wells within the well field, a soft rock
layer was discovered in the formation
and the well appeared to be unstable.
An additional 4 inch PVC casing was
installed the length of the well to help
prevent caving and allow flexibility to
install the pump below the soft rock
layer. With the additional casing in
place, the original 4 inch diameter well
pump that was specified during design
could no longer be used as it exceeded
the diameter of the modified well.
The District has researched foreign
and domestic manufacturers of 3 inch
diameter submersible well pumps and
has determined that domestic
manufacturers are not able to
manufacture a well pump that meets the
necessary 3 inch diameter. The District
was only able to identify Grundfos
Pump Corporation that manufactures a
3 inch diameter, 1 horsepower, single
phase submersible well pump.
An evaluation of all of the submitted
documentation by EPA’s technical
review team supports and confirms the
District’s claim that there are currently
no domestic manufacturers that can
provide a submersible well pump that
meets the necessary size constraints.
The consulting engineer for the District
identified three domestic manufacturers
in the United States. None of the
companies currently manufacture 3 inch
diameter submersible well pumps. An
independent review of the submitted
documentation by EPA’s national
contractor found four additional
possible domestic manufacturers.
However, none of the manufacturers
contacted currently provides a product
that meets the size constraints. In
addition, the evaluation of the
supporting documentation
demonstrated that foreign manufactured
3 inch diameter submersible well
pumps are available and will be able to
meet the proposed specifications.
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 Woodlake Tax
District, to revise their design standards
and specifications. To curtail entirely
this construction would directly conflict
with a fundamental economic purpose
of ARRA, which is to create or retain
jobs.
The April 28, 2009 EPA HQ
Memorandum, ‘‘Implementation of Buy
American provisions of Public Law
111–5, the ‘American Recovery and
Reinvestment Act of 2009’ ’’
(‘‘Memorandum’’), defines reasonably
available quantity as ‘‘the quantity of
iron, steel, or relevant manufactured
good is available or will be available at
the time needed and place needed, and
in the proper form or specification as
specified in the project plans and
design.’’ The same Memorandum
defines ‘‘satisfactory quality’’ as ‘‘the
quality of steel, iron or manufactured
good specified in the project plans and
designs.’’
The Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the supporting
documentation provided by the District
establishes both a proper basis to
specify a particular manufactured good,
Item No.
Bureau
1 ..............
Public Safety and Homeland Security .................
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17:18 Dec 17, 2010
Jkt 223001
and that the domestically manufactured
good that is currently available does not
meet the 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 the
temporary authority to issue exceptions
to Section 1605 of the ARRA within the
geographic boundaries of their
respective regions and with respect to
requests by individual grant recipients.
Having established both a proper
basis to specify the particular good
required for this project and that this
manufactured good was not available
from a producer in the United States,
the Woodlake Tax District 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 non-domestically manufactured 3 inch
diameter submersible well pump
documented in District’s waiver request
submittal dated October 19, 2010. This
supplementary information constitutes
the detailed written justification
required by Section 1605(c) for waivers
based on a finding under subsection (b).
Authority: Public Law 111–5, section 1605.
Dated: December 10, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA Region
1—New England.
[FR Doc. 2010–31894 Filed 12–17–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Sunshine Act Meeting
FCC to Hold Open Commission Meeting
Tuesday, December 21, 2010
The Federal Communications
Commission will hold an Open Meeting
on the subjects listed below on Tuesday,
December 21, 2010, which is scheduled
to commence at 10:30 a.m. in Room
TW–C305, at 445 12th Street, SW.,
Washington, DC.
Subject
PO 00000
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Title: Framework for Next Generation 911 Deployment.
Fmt 4703
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79375
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]]>Agencies
[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Notices]
[Pages 79374-79375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31894]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9241-2]
Notice of a Regional Project Waiver of Section 1605 (Buy
American) of the American Recovery and Reinvestment Act of 2009 (ARRA)
to the Woodlake Tax District in Woodbury, CT
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)(2) [manufactured goods are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory
quality] to the Woodlake Tax District (``District'') in Woodbury,
Connecticut for the purchase of a submersible well pump as part of the
construction of a new bedrock well field and raw water transmission
line. This is a project specific waiver and only applies to the use of
the specified product for the ARRA project being proposed. Any other
ARRA recipient that wishes to use the same product must apply for a
separate waiver based on project specific circumstances. Based upon
information submitted by the District and its consulting engineer, it
has been determined that there are currently no domestically
manufactured submersible well pumps available to meet its proposed
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 3 inch diameter submersible well pump by the District, as
specified in its October 19, 2010 request.
DATES: Effective Date: December 10, 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 District for the purchase of a non-domestically
manufactured 3 inch diameter submersible well pump to meet the
District's specifications as part of the construction of a new bedrock
well field and raw water transmission line.
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
[[Page 79375]]
the overall project by more than 25 percent.
Consistent with the direction of the OMB Guidance at 2 CFR 176.120,
EPA has evaluated the District's request to determine if the request
constitutes a late request. 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 District's request, though made after the date that the contract
was signed, can be evaluated as timely because the need for a waiver
was not reasonably foreseeable. During construction, one of the three
bedrock wells became unstable and required additional PVC casing to be
installed the length of the well. Due to the additional PVC casing in
the well, the 4 inch diameter well pump specified during design could
no longer be utilized and a smaller 3 inch diameter submersible well
pump was needed. The recipient could not reasonably have foreseen the
need for a waiver prior to the changed circumstances which developed
during construction. Accordingly, EPA will evaluate the request as a
timely request.
The District is requesting a waiver from the Buy American provision
of ARRA for one 3 inch diameter, 1 horsepower, single phase submersible
well pump manufactured by Grundfos Pump Corporation. The unit is
scheduled for installation by the end of November 2010. During drilling
and pump testing of one of the three bedrock wells within the well
field, a soft rock layer was discovered in the formation and the well
appeared to be unstable. An additional 4 inch PVC casing was installed
the length of the well to help prevent caving and allow flexibility to
install the pump below the soft rock layer. With the additional casing
in place, the original 4 inch diameter well pump that was specified
during design could no longer be used as it exceeded the diameter of
the modified well.
The District has researched foreign and domestic manufacturers of 3
inch diameter submersible well pumps and has determined that domestic
manufacturers are not able to manufacture a well pump that meets the
necessary 3 inch diameter. The District was only able to identify
Grundfos Pump Corporation that manufactures a 3 inch diameter, 1
horsepower, single phase submersible well pump.
An evaluation of all of the submitted documentation by EPA's
technical review team supports and confirms the District's claim that
there are currently no domestic manufacturers that can provide a
submersible well pump that meets the necessary size constraints. The
consulting engineer for the District identified three domestic
manufacturers in the United States. None of the companies currently
manufacture 3 inch diameter submersible well pumps. An independent
review of the submitted documentation by EPA's national contractor
found four additional possible domestic manufacturers. However, none of
the manufacturers contacted currently provides a product that meets the
size constraints. In addition, the evaluation of the supporting
documentation demonstrated that foreign manufactured 3 inch diameter
submersible well pumps are available and will be able to meet the
proposed specifications.
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 Woodlake Tax District,
to revise their design standards and specifications. To curtail
entirely this construction would directly conflict with a fundamental
economic purpose of ARRA, which is to create or retain jobs.
The April 28, 2009 EPA HQ Memorandum, ``Implementation of Buy
American provisions of Public Law 111-5, the `American Recovery and
Reinvestment Act of 2009' '' (``Memorandum''), defines reasonably
available quantity as ``the quantity of iron, steel, or relevant
manufactured good is available or will be available at the time needed
and place needed, and in the proper form or specification as specified
in the project plans and design.'' The same Memorandum defines
``satisfactory quality'' as ``the quality of steel, iron or
manufactured good specified in the project plans and designs.''
The Municipal Assistance Unit (CMU) has reviewed this waiver
request and has determined that the supporting documentation provided
by the District establishes both a proper basis to specify a particular
manufactured good, and that the domestically manufactured good that is
currently available does not meet the 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 the temporary authority to issue
exceptions to Section 1605 of the ARRA within the geographic boundaries
of their respective regions and with respect to requests by individual
grant recipients.
Having established both a proper basis to specify the particular
good required for this project and that this manufactured good was not
available from a producer in the United States, the Woodlake Tax
District 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 non-domestically manufactured 3 inch
diameter submersible well pump documented in District's waiver request
submittal dated October 19, 2010. This supplementary information
constitutes the detailed written justification required by Section
1605(c) for waivers based on a finding under subsection (b).
Authority: Public Law 111-5, section 1605.
Dated: December 10, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1--New England.
[FR Doc. 2010-31894 Filed 12-17-10; 8:45 am]
BILLING CODE 6560-50-P
