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 Smyrna, DE, 142-144 [2010-33111]
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Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Notices
GI and EI service charges/energy
accounting will be netted within the
hour, or in accordance with approved
policies and procedures, with charges
for both services allowable only when
the imbalances for both are deficit rather
than offsetting (note that this only
applies to netting within the
bandwidth).
Potential Example of an Addition
Presented above:
Transmission Provider or SBA can
charge customer for both GI and EI
service in the same hour, but not if the
imbalances offset each other.
Example of Offsetting:
• For example—Customer A
〉〉 GI:–10MW deficit
〉〉 EI service: 5MW surplus
〉〉 Customer A charged: 5MW (GI
charge)
Example of Aggravating (increasing—
absolute value)
• For example—Customer B
〉〉 GI Service:–10MW deficit
〉〉 EI service:–10MW deficit
〉〉 Customer A charged:–10MW for GI
charge plus -10MW for EI charge
Legal Authority
These proposed rates for COTP, PACI,
CVP transmission, Western power, and
related services are being established
pursuant to the DOE Organization Act
(42 U.S.C. 7101–7352); the Reclamation
Act of 1902 (ch. 1093, 32 Stat. 388), as
amended and supplemented by
subsequent enactments, particularly
section 9(c) of the Reclamation Project
Act of 1939 (43 U.S.C. 485(c)); and other
acts that specifically apply to the project
involved.
By Delegation Order No. 00–037.00,
effective December 6, 2001, the
Secretary of Energy delegated: (1) The
authority to develop power and
transmission rates to Western’s
Administrator; (2) the authority to
confirm, approve, and place such rates
into effect on an interim basis to the
Deputy Secretary of Energy; and (3) the
authority to confirm, approve, and place
into effect on a final basis, to remand,
or to disapprove such rates to FERC.
Existing DOE procedures for public
participation in power rate adjustments
(10 CFR part 903) were published on
September 18, 1985 (50 FR 37835).
jlentini on DSKJ8SOYB1PROD with NOTICES
Availability of Information
All brochures, studies, comments,
letters, memorandums, or other
documents made or kept by Western for
developing the proposed rates are
available for inspection and copying at
the Sierra Nevada Regional Office,
located at 114 Parkshore Drive, Folsom,
California.
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20:10 Dec 30, 2010
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Ratemaking Procedure Requirements
Environmental Compliance
In compliance with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321, et seq.), the
Council on Environmental Quality
Regulations for implementing NEPA (40
CFR parts 1500–1508); and DOE NEPA
Implementing Procedures and
Guidelines (10 CFR part 1021), Western
has determined that this action is
categorically excluded from further
NEPA analysis.
Determination Under Executive Order
12866
Western has an exemption from
centralized regulatory review under
Executive Order 12866; accordingly, no
clearance of this notice by the Office of
Management and Budget is required.
Dated: December 22, 2010.
Timothy J. Meeks,
Administrator.
[FR Doc. 2010–33108 Filed 12–30–10; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9245–9]
Notice of Prevention of Significant
Deterioration Final Determination for
Russell City Energy Center
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Notice of final action.
AGENCY:
viewing of these documents, call
Shaheerah Kelly at (415) 947–4156. Due
to building security procedures, please
call Ms. Kelly at least 24 hours before
you would like to view the documents.
FOR FURTHER INFORMATION CONTACT:
Shaheerah Kelly, Air Division, U.S.
Environmental Protection Agency,
Region 9, 75 Hawthorne St., San
Francisco, CA 94105. Anyone who
wishes to review the EAB decision can
obtain it at https://www.epa.gov/eab/.
SUPPLEMENTARY INFORMATION:
Notification of EAB Final Decision: The
BAAQMD, acting under authority of a
PSD delegation agreement dated
February 4, 2008, issued a PSD permit
to Russell City Energy Center, LLC, on
February 3, 2010, granting approval to
construct a new 600-megawatt natural
gas-fired combined-cycle power plant in
Hayward, California. Five petitioners
filed timely Petitions for Review of the
PSD decision with the EAB. The EAB
issued an Order denying the Petitions
for review on November 18, 2010. One
petitioner filed a Motion and
Supplemental Motion for
Reconsideration and/or Clarification
and Stay of the EAB’s November 18,
2010 Order.
On December 17, 2010, the EAB
issued an Order denying the Motion and
Supplemental Motion for
Reconsideration and/or Clarification
and Stay.
Dated: December 20, 2010.
Kerry Drake,
Acting Director, Air Division, Region 9.
[FR Doc. 2010–32969 Filed 12–30–10; 8:45 am]
BILLING CODE 6560–50–P
This notice announces that on
November 18, 2010, the Environmental
Appeals Board (EAB) of the EPA denied
Petitions for Review of a Federal
Prevention of Significant Deterioration
(PSD) Permit issued to Russell City
Energy Center, LLC by the Bay Area Air
Quality Management District
(‘‘BAAQMD’’).
SUMMARY:
DATES: The effective date for the EAB’s
decision is November 18, 2010.
Pursuant to section 307(b)(1) of the
Clean Air Act, 42 U.S.C. 7607(b)(1),
judicial review of this permit decision,
to the extent it is available, may be
sought by filing a Petition for Review in
the United States Court of Appeals for
the Ninth Circuit on or before March 4,
2011.
ADDRESSES: The documents relevant to
this notice are available for public
inspection during normal business
hours at the following address: U.S.
Environmental Protection Agency,
Region 9, 75 Hawthorne St., San
Francisco, CA 94105. To arrange
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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9247–1]
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
Smyrna, DE
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 Town of Smyrna, DE (‘‘Town’’),
for the purchase of GreensandPlus
pressure filter media, manufactured in
Brazil, for six pressure filters. This is a
project specific waiver and only applies
to the use of the specified product for
the ARRA project being proposed. Any
E:\FR\FM\03JAN1.SGM
03JAN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Notices
other ARRA recipient that wishes to use
the same product must apply for a
separate waiver based on project
specific circumstances. The Town
evaluated eight different types of
pressure filter media selecting
GreensandPlus filter media. The ARRA
funded project is for Well House
upgrades that include filter media
replacement, two filters in Well House
#1, two filters in Well House #2 and two
filters in Well House #3 in the Smyrna
system. If an alternate domestic filter
media were to be installed in the six
pressure filters, the Town’s system
would experience increased backwash
requirements, reduced capacity and
would need modifications/replacement
of underdrain and filter piping. Based
upon information submitted by the
Town and its consulting engineer, EPA
has concluded that there are no filter
media manufactured in the United
States in sufficient and reasonable
quantity and of a satisfactory quality to
meet the technical specifications 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 EPA Region III,
Water Protection Division, Office of
Infrastructure and Assistance.
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 permits the purchase
of GreensandPlus pressure filter media
for the proposed project being
implemented by the Town of Smyrna.
DATES: Effective Date: December 9, 2010.
FOR FURTHER INFORMATION CONTACT:
Robert Chominski, Deputy Associate
Director, (215) 814–2162, or David
McAdams, Environmental Engineer,
(215) 814–5764, Office of Infrastructure
& Assistance (OIA), Water Protection
Division, U.S. EPA Region III, 1650
Arch Street, Philadelphia, PA 19103–
2029.
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 Smyrna,
Delaware for the purchase of nondomestic GreensandPlus pressure filter
media for six pressure filters. EPA has
evaluated the Town’s basis for
procuring the GreensandPlus pressure
filter media for these filters. Based upon
information submitted by the Town and
its consulting engineer, EPA has
concluded that there are no filter media
VerDate Mar<15>2010
20:10 Dec 30, 2010
Jkt 223001
manufactured in the United States in
sufficient and reasonable quantity and
of a satisfactory quality to meet the
technical specifications for the Town to
pursue the purchase of domestically
manufactured filter media.
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.
EPA has determined that Town’s
waiver request may be treated as timely
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
has evaluated the Town’s request to
determine if the request, though made
after the contract date, can be treated as
if it were timely made. 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 may
be treated as timely because the need for
a waiver was not foreseeable at the time
the contract was signed. The project was
bid and the general contractor submitted
documentation that Greensand filter
media utilized in preparing their bid
met the ARRA Buy American
provisions. The need for a waiver was
not determined until after the contract
was signed, when the contractor was
informed by the manufacturer of
Greensand that they were no longer
making this product and recommended
the GreensandPlus pressure filter media
as an alternative product. They then
were notified that the GreensandPlus
pressure filter media was made in
Brazil. Accordingly, EPA will evaluate
the request as a timely request.
The Town is requesting a waiver of
the Buy American provision for the
GreensandPlus filter media for six
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143
pressure filters. The Town has three
well houses that each contains two
pressure filters for their water treatment
system. The project involves the
replacement of standard manganese
greensand in three well houses. The
Town provided supporting
documentation that the manufacturer,
Inversand Company (Inversand), has
temporarily shut down production of
manganese greensand. Inversand
advised its customers to instead use its
GreensandPlus filter media, which is
manufactured in Brazil, as an alternative
product. The Town has stated that
GreensandPlus filter media is
compatible with existing treatment
facilities, and the use of GreensandPlus
filter media is expected to reduce
overall operational costs. Detailed
evaluation of all of the submitted
documentation by EPA Region III, Office
of Infrastructure and Assistance, and
EPA’s national contractor indicates that
the Town did not know that the
GreensandPlus filter media was made in
Brazil until after the project was
awarded. In addition, submitted
documentation showed that the Town
would require replacement/
modification of the existing underdrain
and associated filter piping if any of the
other filter media were used in the
project. Due to the existing backwash
piping configuration, a lower backwash
rate is needed which could be attained
by the GreensandPlus filter media
without replacement of the underdrain
or piping. The GreensandPlus filter
media will be capable of treating the
raw water presently produced by the
Town, removing iron and other
impurities to comply with all State of
Delaware Drinking Water Quality
Regulations. Thus, the use of domestic
filter media would require replacement
of the underdrain and associated piping
which would increase the cost of the
project. In addition, the evaluation of
the supporting documentation also
demonstrated that the foreign filter
media will be able to meet the proposed
project design and specifications with
no additional cost to the Town.
The Town has provided information
to the EPA demonstrating that there are
no filter media manufactured in the
United States in sufficient and
reasonable quantity and of a satisfactory
quality to meet the required technical
specifications. Eight domestic
manufacturers of filter media were
considered for this project but did not
meet the specifications for the project.
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
E:\FR\FM\03JAN1.SGM
03JAN1
jlentini on DSKJ8SOYB1PROD with NOTICES
144
Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Notices
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 Town has
incorporated specific technical design
requirements for installation of filter
media at their three Well Houses.
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 utilities,
such as the Town, to revise their
standards and specifications, institute a
new bidding process, and potentially
choose a more costly, less efficient
project. The imposition of ARRA Buy
American requirements on such projects
otherwise eligible for State Revolving
Fund assistance would result in
unreasonable delay and thus displace
the ‘‘shovel ready’’ status for this project.
To further delay construction is in
direct conflict with a fundamental
economic purpose of the ARRA, which
is to create or retain jobs. The OIA has
reviewed this waiver request and to the
best of our knowledge at the time of
review has determined that the
supporting documentation provided by
the Town is sufficient to meet the
criteria listed under Section 1605(b) 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). Due to
the lack of production of this product in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality in order to meet the
Town’s technical specifications, 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 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
Smyrna is hereby granted a waiver from
the Buy American requirements of
Section 1605(a) of Public Law 111–5 for
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20:45 Dec 30, 2010
Jkt 223001
the purchase of GreensandPlus filter
media using ARRA funds as specified in
the Town of Smyrna’s request of
October 1, 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: December 9, 2010.
W.C. Early,
Acting Regional Administrator, U.S.
Environmental Protection Agency, Region III.
[FR Doc. 2010–33111 Filed 12–30–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
notices are set forth in paragraph 7 of
the Act (12 U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the offices of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than January
20, 2011.
A. Federal Reserve Bank of
Minneapolis (Jacqueline G. King,
Community Affairs Officer) 90
Hennepin Avenue, Minneapolis,
Minnesota 55480–0291:
1. Richard M. Connor, Jr., Laona,
Wisconsin, to acquire and retain 25
percent or more of the voting shares of
Northern Wisconsin Bank Holding
Company, Inc., and thereby indirectly
acquire and retain voting shares of
Laona State Bank, both of Laona,
Wisconsin.
Board of Governors of the Federal Reserve
System, December 28, 2010.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2010–33080 Filed 12–30–10; 8:45 am]
BILLING CODE 6210–01–P
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FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Extension
AGENCY: Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Notice.
SUMMARY: The information collection
requirements described below has been
submitted to the Office of Management
and Budget (‘‘OMB’’) for review, as
required by the Paperwork Reduction
Act (‘‘PRA’’). The FTC is seeking public
comments on its proposal to extend
through February 28, 2014, the current
clearance under OMB Control Number
3084–0108 for information collection
requirements contained in its Used
Motor Vehicle Trade Regulation Rule
(‘‘Used Car Rule’’ or ‘‘Rule’’). That
clearance expires on February 28, 2011.
DATES: Comments must be filed by
February 2, 2011.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form by
following the instructions in the
Request for Comments part of the
SUPPLEMENTARY INFORMATION section
below. Comments in electronic form
should be submitted by using the
following Web link: https://
ftc.public.commentworks.com/ftc/
UsedCarRulePRA2 (and following the
instructions on the Web-based form).
Comments filed in paper form should be
mailed or delivered to the following
address: Federal Trade Commission,
Office of the Secretary, Room H–135
(Annex J), 600 Pennsylvania Avenue,
NW., Washington, DC 20580, in the
manner detailed in the SUPPLEMENTARY
INFORMATION section below.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be addressed to John C.
Hallerud, Attorney, Midwest Region,
Federal Trade Commission, 55 West
Monroe, Suite 1825, Chicago, Illinois
60603, (312) 960–5634.
SUPPLEMENTARY INFORMATION: The Used
Car Rule facilitates informed purchasing
decisions by requiring used car dealers
to disclose information about warranty
coverage, if any, and the mechanical
condition of used cars that they offer for
sale. The Rule requires that used car
dealers display a form called a ‘‘Buyers
Guide’’ on each used car offered for sale
that, among other things, discloses
information about warranty coverage.
Request for Comments
Under the Paperwork Reduction Act
(‘‘PRA’’), 44 U.S.C. 3501–3521, Federal
agencies must obtain approval from
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]]>Agencies
[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Notices]
[Pages 142-144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33111]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9247-1]
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 Smyrna, DE
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 Town of Smyrna, DE (``Town''), for the purchase of
GreensandPlus pressure filter media, manufactured in Brazil, for six
pressure filters. This is a project specific waiver and only applies to
the use of the specified product for the ARRA project being proposed.
Any
[[Page 143]]
other ARRA recipient that wishes to use the same product must apply for
a separate waiver based on project specific circumstances. The Town
evaluated eight different types of pressure filter media selecting
GreensandPlus filter media. The ARRA funded project is for Well House
upgrades that include filter media replacement, two filters in Well
House 1, two filters in Well House 2 and two filters
in Well House 3 in the Smyrna system. If an alternate domestic
filter media were to be installed in the six pressure filters, the
Town's system would experience increased backwash requirements, reduced
capacity and would need modifications/replacement of underdrain and
filter piping. Based upon information submitted by the Town and its
consulting engineer, EPA has concluded that there are no filter media
manufactured in the United States in sufficient and reasonable quantity
and of a satisfactory quality to meet the technical specifications 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 EPA Region III, Water Protection Division,
Office of Infrastructure and Assistance.
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
permits the purchase of GreensandPlus pressure filter media for the
proposed project being implemented by the Town of Smyrna.
DATES: Effective Date: December 9, 2010.
FOR FURTHER INFORMATION CONTACT: Robert Chominski, Deputy Associate
Director, (215) 814-2162, or David McAdams, Environmental Engineer,
(215) 814-5764, Office of Infrastructure & Assistance (OIA), Water
Protection Division, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029.
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 Smyrna, Delaware for the purchase of non-
domestic GreensandPlus pressure filter media for six pressure filters.
EPA has evaluated the Town's basis for procuring the GreensandPlus
pressure filter media for these filters. Based upon information
submitted by the Town and its consulting engineer, EPA has concluded
that there are no filter media manufactured in the United States in
sufficient and reasonable quantity and of a satisfactory quality to
meet the technical specifications for the Town to pursue the purchase
of domestically manufactured filter media.
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.
EPA has determined that Town's waiver request may be treated as
timely 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 has evaluated the Town's request to determine if the
request, though made after the contract date, can be treated as if it
were timely made. 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 may be treated as timely because the need for a waiver
was not foreseeable at the time the contract was signed. The project
was bid and the general contractor submitted documentation that
Greensand filter media utilized in preparing their bid met the ARRA Buy
American provisions. The need for a waiver was not determined until
after the contract was signed, when the contractor was informed by the
manufacturer of Greensand that they were no longer making this product
and recommended the GreensandPlus pressure filter media as an
alternative product. They then were notified that the GreensandPlus
pressure filter media was made in Brazil. Accordingly, EPA will
evaluate the request as a timely request.
The Town is requesting a waiver of the Buy American provision for
the GreensandPlus filter media for six pressure filters. The Town has
three well houses that each contains two pressure filters for their
water treatment system. The project involves the replacement of
standard manganese greensand in three well houses. The Town provided
supporting documentation that the manufacturer, Inversand Company
(Inversand), has temporarily shut down production of manganese
greensand. Inversand advised its customers to instead use its
GreensandPlus filter media, which is manufactured in Brazil, as an
alternative product. The Town has stated that GreensandPlus filter
media is compatible with existing treatment facilities, and the use of
GreensandPlus filter media is expected to reduce overall operational
costs. Detailed evaluation of all of the submitted documentation by EPA
Region III, Office of Infrastructure and Assistance, and EPA's national
contractor indicates that the Town did not know that the GreensandPlus
filter media was made in Brazil until after the project was awarded. In
addition, submitted documentation showed that the Town would require
replacement/modification of the existing underdrain and associated
filter piping if any of the other filter media were used in the
project. Due to the existing backwash piping configuration, a lower
backwash rate is needed which could be attained by the GreensandPlus
filter media without replacement of the underdrain or piping. The
GreensandPlus filter media will be capable of treating the raw water
presently produced by the Town, removing iron and other impurities to
comply with all State of Delaware Drinking Water Quality Regulations.
Thus, the use of domestic filter media would require replacement of the
underdrain and associated piping which would increase the cost of the
project. In addition, the evaluation of the supporting documentation
also demonstrated that the foreign filter media will be able to meet
the proposed project design and specifications with no additional cost
to the Town.
The Town has provided information to the EPA demonstrating that
there are no filter media manufactured in the United States in
sufficient and reasonable quantity and of a satisfactory quality to
meet the required technical specifications. Eight domestic
manufacturers of filter media were considered for this project but did
not meet the specifications for the project.
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
[[Page 144]]
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 Town has
incorporated specific technical design requirements for installation of
filter media at their three Well Houses.
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 utilities, such as the Town, to
revise their standards and specifications, institute a new bidding
process, and potentially choose a more costly, less efficient project.
The imposition of ARRA Buy American requirements on such projects
otherwise eligible for State Revolving Fund assistance would result in
unreasonable delay and thus displace the ``shovel ready'' status for
this project. To further delay construction is in direct conflict with
a fundamental economic purpose of the ARRA, which is to create or
retain jobs. The OIA has reviewed this waiver request and to the best
of our knowledge at the time of review has determined that the
supporting documentation provided by the Town is sufficient to meet the
criteria listed under Section 1605(b) 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). Due to the lack of production of this
product in the United States in sufficient and reasonably available
quantities and of a satisfactory quality in order to meet the Town's
technical specifications, 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 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 Smyrna is hereby granted a waiver from the Buy American requirements
of Section 1605(a) of Public Law 111-5 for the purchase of
GreensandPlus filter media using ARRA funds as specified in the Town of
Smyrna's request of October 1, 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: December 9, 2010.
W.C. Early,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region III.
[FR Doc. 2010-33111 Filed 12-30-10; 8:45 am]
BILLING CODE 6560-50-P
