Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the DeSoto Parish Waterworks District 1, Louisiana, 17855-17857 [2011-7602]
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17855
Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices
with any FERC Online service, please email FERCOnlineSupport@ferc.gov. or
call (866) 208–3676 (toll free). For TTY,
call (202) 502–8659.
Dated: March 25, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011–7561 Filed 3–30–11; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RM98–1–000]
Records Governing Off-the-Record
Communications; Public Notice
This constitutes notice, in accordance
with 18 CFR 385.2201(b), of the receipt
of prohibited and exempt off-the-record
communications.
Order No. 607 (64 FR 51222,
September 22, 1999) requires
Commission decisional employees, who
make or receive a prohibited or exempt
off-the-record communication relevant
to the merits of a contested proceeding,
to deliver to the Secretary of the
Commission, a copy of the
communication, if written, or a
summary of the substance of any oral
communication.
Prohibited communications are
included in a public, non-decisional file
associated with, but not a part of, the
decisional record of the proceeding.
Unless the Commission determines that
the prohibited communication and any
responses thereto should become a part
of the decisional record, the prohibited
off-the-record communication will not
be considered by the Commission in
reaching its decision. Parties to a
proceeding may seek the opportunity to
respond to any facts or contentions
made in a prohibited off-the-record
communication, and may request that
the Commission place the prohibited
communication and responses thereto
in the decisional record. The
Commission will grant such a request
only when it determines that fairness so
requires. Any person identified below as
having made a prohibited off-the-record
communication shall serve the
document on all parties listed on the
official service list for the applicable
proceeding in accordance with Rule
2010, 18 CFR 385.2010.
Exempt off-the-record
communications are included in the
decisional record of the proceeding,
unless the communication was with a
cooperating agency as described by 40
CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
The following is a list of off-therecord communications recently
received by the Secretary of the
Commission. The communications
listed are grouped by docket numbers in
ascending order. These filings are
available for review at the Commission
in the Public Reference Room or may be
viewed on the Commission’s Web site at
https://www.ferc.gov using the eLibrary
link. Enter the docket number,
excluding the last three digits, in the
docket number field to access the
document. For assistance, please contact
FERC, Online Support at
FERCOnlineSupport@ferc.gov or toll
free at (866) 208–3676, or for TTY,
contact (202) 502–8659.
Prohibited:
Docket No.
File date
1. Project No. 460–000 .....................................................................................................................
2. Project No. 2677–019 ...................................................................................................................
Dated: March 24, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011–7562 Filed 3–30–11; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9288–7]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the DeSoto Parish Waterworks District
1, Louisiana
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Regional Administrator
of EPA Region 6 is hereby granting a
project waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(2) [manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality]
to the DeSoto Parish Waterworks
wwoods2 on DSK1DXX6B1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
11:23 Mar 31, 2011
Jkt 223001
District 1 (‘‘the District’’) for three (3)
packaged, Memcor XS 48 submerged
membrane filtration Systems (MFSs),
manufactured by Siemens Water
Technologies Corporation, proposed for
the expansion of its existing water
treatment plant. The District requires a
submerged membrane treatment system
capable of a 4-log removal of Giardia
and Cryptosporidium at a production
rate of 1 million gallons per day (MGD).
The packaged, Memcor XS 48
submerged MFS is manufactured by
foreign manufacturers and no United
States manufacturer produces an
alternative that meets the District’s
technical specifications. This is a
project specific waiver and only applies
to the use of the specified product for
the ARRA funded project being
proposed. Any other ARRA project that
may wish to use the same product must
apply for a separate waiver based on the
specific project circumstances. The
Regional Administrator is making this
determination based on the review and
recommendations of the EPA Region 6,
Water Quality Protection Division. The
District has provided sufficient
documentation to support its request.
The Assistant Administrator of the
EPA’s Office of Administration and
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
3–9–11
3–22–11
Presenter or requester
Charles Miller
Byron D. Simon
Resources Management has concurred
on this decision to make an exception
to Section 1605 of ARRA. This action
permits the purchase of three packaged,
Memcor XS 48 submerged MFSs not
manufactured in the United States, for
the proposed project being implemented
by the District.
DATES: Effective Date: March 8, 2011.
FOR FURTHER INFORMATION CONTACT:
Nasim Jahan, Buy American
Coordinator, (214) 665–7522, SRF &
Projects Section, Water Quality
Protection Division, U.S. EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c)
and 1605(b)(2), 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
acquisition of three packaged, Memcor
XS 48 submerged membrane filtration
systems (MFSs). The District has been
unable to find an American made MFS
to meet its specific water requirements.
Section 1605 of ARRA requires that
none of the appropriated funds may be
used for the construction, alteration,
E:\FR\FM\31MR1.SGM
31MR1
wwoods2 on DSK1DXX6B1PROD with NOTICES
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Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices
maintenance, or repair of a public
building or public work unless all of the
iron, steel, and manufactured goods
used in the project are produced in the
United States unless a waiver is
provided to the recipient by EPA. A
waiver may be provided if EPA
determines that (1) Applying these
requirements would be inconsistent
with public interest; (2) iron, steel, and
the relevant manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality;
or (3) inclusion of iron, steel, and the
relevant manufactured goods produced
in the United States will increase the
cost of the overall project by more than
25 percent.
The District has provided information
to the EPA demonstrating that there is
no packaged, Memcor XS 48 submerged
MFS manufactured in the United States
in sufficient and reasonable quantity
and of a satisfactory quality to meet the
required technical specification. The
District initiated planning on the water
treatment plant expansion in 2008. They
completed a pilot study of the
submerged membrane filtration/
treatment system and a System
Improvement Plan, which were
approved by the Louisiana Department
of Health and Hospitals (LDHH).
The District requires a submerged
membrane treatment system capable of
a 4-log removal of Giardia and
Cryptosporidium at a production rate of
1 MGD (694 gpm). As required by the
project specifications, each skidmounted packaged MFS must include
the backwash system, clean in place
(CIP) system, process control panel,
compressed air system, automatic feed
strainers, block and bleed valves for
isolation during cleaning, and feed and
filtrate turbidimeters. The specifications
also require that the frequency of
chemical cleaning must not exceed once
per month, on average, while the
frequency of maintenance washing must
not exceed once per day.
Based on additional research
conducted by EPA Region 6, there do
not appear to be any domestic packaged,
Memcor XS 48 submerged MFS
manufacturers that would meet the
District’s technical specifications. EPA’s
national contractor prepared a technical
assessment report based on the waiver
request submittal, which confirmed the
waiver applicant’s claim that there are
no American-made submerged MFS
available for use in the proposed water
treatment system.
EPA has also evaluated the District’s
request to determine if its submission is
considered late or if it could be
considered timely, as per the OMB
VerDate Mar<15>2010
11:23 Mar 31, 2011
Jkt 223001
Guidance at CFR 176.120. EPA will
generally regard waiver requests with
respect to components that were
specified in the bid solicitation or in a
general/primary construction contract as
‘‘late’’ if submitted after the contract
date. However, EPA could also
determine that a request be evaluated as
timely, though made after the date that
the contract was signed, if the need for
a waiver was not reasonably foreseeable.
If the need for a waiver is reasonably
foreseeable, then EPA could still apply
discretion in these late cases as per the
OMB Guidance, which says ‘‘the award
official may deny the request.’’ For those
waiver requests that do not have a
reasonably unforeseeable basis for
lateness, but for which the waiver basis
is valid and there is no apparent gain by
the ARRA recipient or loss on behalf of
the government, then EPA will still
consider granting a waiver.
In this case, the waiver request was
submitted after the contract date
because the District initiated an
evaluation of substantial transformation
for the submerged MFS; however, after
having a thorough discussion at the
Regional level, the District has made a
decision that the issuance of the project
specific waiver for the membrane
equipment is the best way to ensure that
the District is in compliance with the
Buy American provisions of ARRA.
There is no indication that the District
failed to request a waiver in order to
avoid the requirements of the ARRA,
particularly since there are no
domestically manufactured products
available that meet the project
specifications. EPA will consider the
District’s waiver request, a foreseeable
late request, as though it had been
timely made since there is no gain by
the District and no loss by the
government due to the late request.
The April 28, 2009 EPA HQ
Memorandum, Implementation of Buy
American provisions of Public Law
111–5, the ‘‘American Recovery and
Reinvestment Act of 2009’’, defines
reasonably available quantity as ‘‘the
quantity of iron, steel, or relevant
manufactured good is available or will
be available at the time needed and
place needed, and in the proper form or
specification as specified in the project
plans and design.’’ The District has
incorporated specific technical design
requirements for installation of
membrane filtration cassettes at its
wastewater treatment plant.
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 District, to revise their
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
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 Region 6 Water Quality
Protection Division has reviewed this
waiver request, and has determined that
the supporting documentation provided
by the District is sufficient to meet the
criteria listed under ARRA, Section
1605(b), Office of Management and
Budget (OMB) regulations at 2 CFR
176.60–176.170, and in the April 28,
2009, memorandum, ‘‘Implementation
of Buy American provisions of Public
Law 111–5, the American Recovery and
Reinvestment Act of 2009’’. The basis
for this project waiver is the
authorization provided in ARRA,
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 District’s
technical specifications, a waiver from
the Buy American requirement is
justified.
EPA headquarters’ 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 District is hereby granted a waiver
from the Buy American requirements of
ARRA, Section 1605(a) of Public Law
111–5 for the purchase of three
packaged, Memcor XS 48 submerged
MFSs, using ARRA funds, as specified
in the District’s request. This
supplementary information constitutes
the detailed written justification
required by ARRA, Section 1605(c), for
waivers ‘‘based on a finding under
subsection (b).’’
Authority: Public Law 111–5, section
1605.
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Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices
Issued on: March 8, 2011.
Al Armendariz,
Regional Administrator, U.S. Environmental
Protection Agency, Region 6.
[FR Doc. 2011–7602 Filed 3–30–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL –9288–6]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the City of Amarillo, TX
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Regional Administrator
of EPA Region 6 is hereby granting a
project waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(2) [manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality]
to the City of Amarillo, Texas (‘‘City’’)
for the purchase of a 5 horsepower (HP)
non-clog submersible pump, with NSF
compliant wetted parts and
appurtenances. As the pump will be
submersed in the drinking water wet
well, the project specification requires
that all wetted components of the pump
be manufactured with NSF 61
compliant materials. The 5 HP non-clog
submersible pump, with NSF compliant
wetted parts and appurtenances is
manufactured by foreign manufacturers
and no United States manufacturer
produces an alternative that meets the
City’s technical specifications. This is a
project specific waiver and only applies
to the use of the specified product for
the ARRA funded project being
proposed. Any other ARRA project that
may wish to use the same product must
apply for a separate waiver based on the
specific project circumstances. The
Regional Administrator is making this
determination based on the review and
recommendations of the EPA Region 6,
Water Quality Protection Division. The
City has provided sufficient
documentation to support its request.
The Assistant Administrator of the
EPA’s 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 5 HP non-clog
submersible pump, with NSF compliant
wetted parts and appurtenances not
manufactured in America, for the
wwoods2 on DSK1DXX6B1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
11:23 Mar 31, 2011
Jkt 223001
proposed project being implemented by
the City.
DATES: Effective Date: March 8, 2011.
FOR FURTHER INFORMATION CONTACT:
Nasim Jahan, Buy American
Coordinator, (214) 665–7522, SRF &
Projects Section, Water Quality
Protection Division, U.S. EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c)
and 1605(b)(2), 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 for the
acquisition of a 5 HP non-clog
submersible pump, with NSF compliant
wetted parts and appurtenances. The
City has been unable to find an
American made submersible pump with
NSF 61 compliant wetted components
to meet its specific requirements.
Section 1605 of the ARRA requires
that none of the appropriated funds may
be used for the construction, alteration,
maintenance, or repair of a public
building or public work unless all of the
iron, steel, and manufactured goods
used in the project are produced in the
United States unless a waiver is
provided to the recipient by EPA. A
waiver may be provided if EPA
determines that (1) Applying these
requirements would be inconsistent
with public interest; (2) iron, steel, and
the relevant manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality;
or (3) inclusion of iron, steel, and the
relevant manufactured goods produced
in the United States will increase the
cost of the overall project by more than
25 percent.
The 5 HP non-clog submersible pump
is part of a high service pump and
transfer station at the City’s Osage
Treatment Plant, which pumps water
out of the wet well of the City’s water
treatment plant. Because the pump will
be submerged in potable drinking water,
the project specifications require the
pump’s components that are in contact
with the water in the wet well be
constructed of materials that are NSF 61
Standard compliant. In addition, the
project specifications require the
following materials to be used for given
pump parts.
(1) Cast iron: The pump case, motor
housing, and impeller.
(2) Stainless steel: Pump shaft (wetted
portion), guide rails, lifting chains,
fasteners, and metal seal parts.
(3) Viton (a fluoropolymer): O-rings.
(4) Silicon-carbide: Seals.
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
17857
The City clarified that NSF 61
compliance standards supersede certain
components of the project
specifications. In particular, the pump
case, motor housing, and impeller are
required to be constructed of stainless
steel, and the seals are required to be
fabricated of Viton or EPDM polymer.
The City also indicated that the pump
is not required to be NSF 61 Standard
certified, but is required to have wetted
components constructed of materials
such as stainless steel that would not
leach hazardous materials into the
drinking water. The specifications also
identified four acceptable
manufacturers: Flygt, Fairbanks Morse,
Wilo EMU, and Hydromatic. The City
contacted all four manufacturers and
confirmed that they could not provide a
pump manufactured in the U.S. that
meets the project specifications.
Based on additional research
conducted by EPA Region 6, there does
not appear to be any domestic 5 HP nonclog submersible pump, with NSF
compliant wetted parts and
appurtenances that would meet the
City’s technical specifications. EPA’s
national contractor prepared a technical
assessment report based on the waiver
request submittal. The report confirmed
the waiver applicant’s claim that there
is no American-made 5 HP non-clog
submersible pump, with NSF compliant
wetted parts and appurtenances.
EPA has also evaluated the City’s
request to determine if its submission is
considered late or if it could be
considered timely, as per the OMB
Guidance at CFR § 176.120. EPA will
generally regard waiver requests with
respect to components that were
specified in the bid solicitation or in a
general/primary construction contract as
‘‘late’’ if submitted after the contract
date. However, EPA could also
determine that a request be evaluated as
timely, though made after the date that
the contract was signed, if the need for
a waiver was not reasonably foreseeable.
If the need for a waiver is reasonably
foreseeable, then EPA could still apply
discretion in these late cases as per the
OMB Guidance, which says ‘‘the award
official may deny the request.’’ For those
waiver requests that do not have a
reasonably unforeseeable basis for
lateness, but for which the waiver basis
is valid and there is no apparent gain by
the ARRA recipient or loss on behalf of
the government, then EPA will still
consider granting a waiver.
In this case, there are no U.S.
manufacturers that meet the City’s
project specification for this 5 HP nonclog submersible pump, with NSF
compliant wetted parts and
appurtenances. The waiver request is
E:\FR\FM\31MR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 62 (Thursday, March 31, 2011)]
[Notices]
[Pages 17855-17857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7602]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9288-7]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the DeSoto Parish Waterworks District 1, Louisiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Regional Administrator of EPA Region 6 is hereby granting
a project waiver of the Buy American requirements of ARRA Section 1605
under the authority of Section 1605(b)(2) [manufactured goods are not
produced in the United States in sufficient and reasonably available
quantities and of a satisfactory quality] to the DeSoto Parish
Waterworks District 1 (``the District'') for three (3) packaged, Memcor
XS 48 submerged membrane filtration Systems (MFSs), manufactured by
Siemens Water Technologies Corporation, proposed for the expansion of
its existing water treatment plant. The District requires a submerged
membrane treatment system capable of a 4-log removal of Giardia and
Cryptosporidium at a production rate of 1 million gallons per day
(MGD). The packaged, Memcor XS 48 submerged MFS is manufactured by
foreign manufacturers and no United States manufacturer produces an
alternative that meets the District's technical specifications. This is
a project specific waiver and only applies to the use of the specified
product for the ARRA funded project being proposed. Any other ARRA
project that may wish to use the same product must apply for a separate
waiver based on the specific project circumstances. The Regional
Administrator is making this determination based on the review and
recommendations of the EPA Region 6, Water Quality Protection Division.
The District has provided sufficient documentation to support its
request.
The Assistant Administrator of the EPA's 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
three packaged, Memcor XS 48 submerged MFSs not manufactured in the
United States, for the proposed project being implemented by the
District.
DATES: Effective Date: March 8, 2011.
FOR FURTHER INFORMATION CONTACT: Nasim Jahan, Buy American Coordinator,
(214) 665-7522, SRF & Projects Section, Water Quality Protection
Division, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c) and
1605(b)(2), 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 acquisition of three
packaged, Memcor XS 48 submerged membrane filtration systems (MFSs).
The District has been unable to find an American made MFS to meet its
specific water requirements.
Section 1605 of ARRA requires that none of the appropriated funds
may be used for the construction, alteration,
[[Page 17856]]
maintenance, or repair of a public building or public work unless all
of the iron, steel, and manufactured goods used in the project are
produced in the United States unless a waiver is provided to the
recipient by EPA. A waiver may be provided if EPA determines that (1)
Applying these requirements would be inconsistent with public interest;
(2) iron, steel, and the relevant manufactured goods are not produced
in the United States in sufficient and reasonably available quantities
and of a satisfactory quality; or (3) inclusion of iron, steel, and the
relevant manufactured goods produced in the United States will increase
the cost of the overall project by more than 25 percent.
The District has provided information to the EPA demonstrating that
there is no packaged, Memcor XS 48 submerged MFS manufactured in the
United States in sufficient and reasonable quantity and of a
satisfactory quality to meet the required technical specification. The
District initiated planning on the water treatment plant expansion in
2008. They completed a pilot study of the submerged membrane
filtration/treatment system and a System Improvement Plan, which were
approved by the Louisiana Department of Health and Hospitals (LDHH).
The District requires a submerged membrane treatment system capable
of a 4-log removal of Giardia and Cryptosporidium at a production rate
of 1 MGD (694 gpm). As required by the project specifications, each
skid-mounted packaged MFS must include the backwash system, clean in
place (CIP) system, process control panel, compressed air system,
automatic feed strainers, block and bleed valves for isolation during
cleaning, and feed and filtrate turbidimeters. The specifications also
require that the frequency of chemical cleaning must not exceed once
per month, on average, while the frequency of maintenance washing must
not exceed once per day.
Based on additional research conducted by EPA Region 6, there do
not appear to be any domestic packaged, Memcor XS 48 submerged MFS
manufacturers that would meet the District's technical specifications.
EPA's national contractor prepared a technical assessment report based
on the waiver request submittal, which confirmed the waiver applicant's
claim that there are no American-made submerged MFS available for use
in the proposed water treatment system.
EPA has also evaluated the District's request to determine if its
submission is considered late or if it could be considered timely, as
per the OMB Guidance at CFR 176.120. EPA will generally regard waiver
requests with respect to components that were specified in the bid
solicitation or in a general/primary construction contract as ``late''
if submitted after the contract date. However, EPA could also determine
that a request be evaluated as timely, though made after the date that
the contract was signed, if the need for a waiver was not reasonably
foreseeable. If the need for a waiver is reasonably foreseeable, then
EPA could still apply discretion in these late cases as per the OMB
Guidance, which says ``the award official may deny the request.'' For
those waiver requests that do not have a reasonably unforeseeable basis
for lateness, but for which the waiver basis is valid and there is no
apparent gain by the ARRA recipient or loss on behalf of the
government, then EPA will still consider granting a waiver.
In this case, the waiver request was submitted after the contract
date because the District initiated an evaluation of substantial
transformation for the submerged MFS; however, after having a thorough
discussion at the Regional level, the District has made a decision that
the issuance of the project specific waiver for the membrane equipment
is the best way to ensure that the District is in compliance with the
Buy American provisions of ARRA. There is no indication that the
District failed to request a waiver in order to avoid the requirements
of the ARRA, particularly since there are no domestically manufactured
products available that meet the project specifications. EPA will
consider the District's waiver request, a foreseeable late request, as
though it had been timely made since there is no gain by the District
and no loss by the government due to the late request.
The April 28, 2009 EPA HQ Memorandum, Implementation of Buy
American provisions of Public Law 111-5, the ``American Recovery and
Reinvestment Act of 2009'', defines reasonably available quantity as
``the quantity of iron, steel, or relevant manufactured good is
available or will be available at the time needed and place needed, and
in the proper form or specification as specified in the project plans
and design.'' The District has incorporated specific technical design
requirements for installation of membrane filtration cassettes at its
wastewater treatment plant.
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 District,
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 Region 6 Water Quality Protection Division has reviewed this
waiver request, and has determined that the supporting documentation
provided by the District is sufficient to meet the criteria listed
under ARRA, Section 1605(b), Office of Management and Budget (OMB)
regulations at 2 CFR 176.60-176.170, and in the April 28, 2009,
memorandum, ``Implementation of Buy American provisions of Public Law
111-5, the American Recovery and Reinvestment Act of 2009''. The basis
for this project waiver is the authorization provided in ARRA, 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 District's technical
specifications, a waiver from the Buy American requirement is
justified.
EPA headquarters' 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
District is hereby granted a waiver from the Buy American requirements
of ARRA, Section 1605(a) of Public Law 111-5 for the purchase of three
packaged, Memcor XS 48 submerged MFSs, using ARRA funds, as specified
in the District's request. This supplementary information constitutes
the detailed written justification required by ARRA, Section 1605(c),
for waivers ``based on a finding under subsection (b).''
Authority: Public Law 111-5, section 1605.
[[Page 17857]]
Issued on: March 8, 2011.
Al Armendariz,
Regional Administrator, U.S. Environmental Protection Agency, Region 6.
[FR Doc. 2011-7602 Filed 3-30-11; 8:45 am]
BILLING CODE 6560-50-P
