Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to Montgomery Township, NJ, 32200-32202 [2011-13829]
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Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Notices
notify Dr. Stallworth, DFO, by e-mail no
later than July 1, 2011. Individuals
making oral statements will be limited
to three minutes per speaker. Written
Statements: Written statements for the
meeting should be received in the SAB
Staff Office by July 1, 2011 so that the
information may be made available to
the Panel for its consideration prior to
this meeting. Written statements should
be supplied to the DFO via e-mail
(acceptable file format: Adobe Acrobat
PDF, MS Word, WordPerfect, MS
PowerPoint, or Rich Text files in IBM–
PC/Windows 98/2000/XP format). It is
the SAB Staff Office general policy to
post written comments on the Web page
for the advisory meeting or
teleconference. Submitters are requested
to provide an unsigned version of each
document because the SAB Staff Office
does not publish documents with
signatures on its Web sites. Members of
the public should be aware that their
personal contact information, if
included in any written comments, may
be posted to the CASAC Web site.
Copyrighted materials will not be
posted without explicit permission of
the copyright holder.
Accessibility: For information on
access or services for individuals with
disabilities, please contact Dr.
Stallworth at the phone number or email address noted above, preferably at
least ten days prior to the
teleconference, to give EPA as much
time as possible to process your request.
Dated: May 26, 2011.
Anthony Maciorowski,
Deputy Director, EPA Science Advisory Board
Staff Office.
[FR Doc. 2011–13843 Filed 6–2–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL –9314–7]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
Montgomery Township, NJ
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA 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]
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SUMMARY:
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to Montgomery Township, New Jersey
(the Township), for the purchase of
specific foreign manufactured immersed
hollow fiber ultrafiltration membrane
cassettes, ZeeWeed® 500D, which are
the effluent filtration component of the
Membrane Bioreactor (MBR) for the
Skillman Village Wastewater Treatment
Plant (WWTP) upgrade project. The
ZeeWeed® 500D immersed
ultrafiltration membrane cassettes are
manufactured outside of the United
States by GE Water & Processes
Technologies (GEW&PT), in Oroszlany,
Hungary. The design and specifications
of the Township’s proposed Skillman
Village WWTP upgrade project were
based on the recommendations
provided by an engineering study and
pilot testing conducted in 2005, which
concluded that the WWTP facility be
upgraded with a MBR process.
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 project that
may wish to use the same product must
apply for a separate waiver based on
project specific circumstances. Based
upon information submitted by the
Township and its consulting engineer,
EPA has concluded that there are
currently no domestic manufactured
submerged hollow fiber ultrafiltration
MBR membranes available in sufficient
and reasonable quantity and of a
satisfactory quality to meet the
Township’s project design and
performance specifications and that a
waiver is justified. The Regional
Administrator is making this
determination based on the review and
recommendations of the State Revolving
Fund Program Team. The Assistant
Administrator of the Office of
Administration and Resources
Management has concurred on this
decision to make an exception to
Section 1605(a) of ARRA. This action
permits the purchase of foreign
manufactured submerged hollow fiber
ultrafiltration membrane cassettes by
the Township, as specified in its
January 18, 2011 waiver request and
February 4, 2011 supplemental
submittal to EPA.
DATES: Effective Date: June 3, 2011.
FOR FURTHER INFORMATION CONTACT:
´
Alicia Reinmund-Martınez,
Environmental Engineer, (212) 637–
3827, State Revolving Fund Program
Team, Division of Environmental
Planning and Protection, U.S. EPA, 290
Broadway, New York, NY 10007.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Sections 1605(c)
and 1605(b)(2), the EPA hereby provides
notice that it is granting a project waiver
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of the requirements of Section 1605(a) of
Public Law 111–5, Buy American
requirements, to the Township for the
purchase of ZeeWeed® 500D immersed
hollow fiber ultrafiltration membrane
cassettes manufactured in Hungary by
GEW&PT that meet the Township’s
design and performance specifications
of its Skillman Village WWTP upgrade
project. EPA has evaluated the
Township’s basis for the procurement of
the foreign made immersed hollow fiber
ultrafiltration membrane cassettes.
Based upon information submitted by
the Township and its consulting
engineer, EPA has concluded that there
are currently no domestic manufactured
immersed hollow fiber ultrafiltration
membrane cassettes available in
sufficient and reasonable quantity and
of a satisfactory quality to meet the
Township’s project design and
performance specifications.
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
are 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) of
ARRA 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.
EPA has determined that the
Township’s waiver request is timely
even though the request was made after
the construction contract was signed.
Consistent with the direction of the
Office of Management and Budget
(OMB) regulations at 2 CFR 176.120,
EPA has evaluated the Township’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 Township’s request
may be treated as timely because the
need for a waiver was not foreseeable at
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jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Notices
the time the contract was signed. The
Township submitted this waiver request
after the contract date because on June
22, 2009, GEW&PT had provided a Buy
American compliance certification letter
to the Township indicating that the
MBR system would comply with ARRA
Section 1605 pursuant to the
‘‘substantial transformation’’ test. At that
time, the Township considered this
rationale reasonable and anticipated full
compliance with the Buy American
provisions of ARRA. The Township did
not determine the need for a waiver
until on or about May 25, 2010, when
GEW&PT notified the Township that the
ZeeWeed® 500D immersed hollow fiber
ultrafiltration membrane cassettes of its
MBR system did not comply with the
substantial transformation test and that
the Township should seek a waiver
from Buy American requirements based
on no availability of domestic
manufactured membrane cassettes that
meet project specifications.
Accordingly, EPA will evaluate the
request as a timely request.
The Township’s Skillman Village
WWTP upgrade project includes the
installation of a MBR system that will
enable the WWTP’s effluent quality to
meet the new stringent effluent
limitations stipulated in its New Jersey
Pollutant Discharge Elimination System
(NJPDES) wastewater discharge permit.
The documentation provided by the
Township indicates that with the
exception of the actual ZeeWeed®500D
membrane cassettes, GEW&PT will
fabricate and assemble all of the MBR
system components in its Minnetonka,
Minnesota facility. The ZeeWeed® 500D
immersed hollow fiber ultrafiltration
membrane cassettes are manufactured in
Hungary and will be shipped directly
from the manufacturing facility in
Hungary to the project site.
The Township is requesting a waiver
for the purchase of ZeeWeed® 500D
immersed hollow fiber ultrafiltration
membrane cassettes because there are
no submerged hollow fiber
ultrafiltration MBR membranes
manufactured in the United States that
meet the design specifications for the
project. Based on an engineering study
and pilot testing conducted in 2005, the
Township identified MBR technology as
the most appropriate and best
demonstrable technology for the
Skillman Village WWTP upgrade
project. During the design and bidding
phase of the project, the Township
evaluated multiple manufacturers of
MBR systems, and fully anticipated, by
way of manufacturer/supplier
confirmation, that the specified
GEW&PT membrane cassettes would be
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15:49 Jun 02, 2011
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fully compliant with ARRA Buy
American requirements.
Upon learning from GEW&PT on May
25, 2010, that the ZeeWeed® 500D
membranes would not meet the
substantial transformation test and
therefore, is not in compliance with
ARRA Buy American requirements, the
Township repeated its efforts to find
domestic manufactured ultrafiltration
hollow fiber membranes that would
meet the Skillman Village WWTP
upgrade project specifications. The
Township’s research confirmed that no
additional manufacturers of such
membranes suitable for the WWTP
project had entered the North American
market since the design phase of the
project The Township’s research
revealed that, the MBR market is
dominated by four manufacturers of
MBR systems, including General
Electric (Zenon), Kubota, Siemens and
Koch-Puron, and all four companies
manufacture their cassettes abroad. Of
these manufacturers, only General
Electric and Siemens manufacture the
specified immersed hollow fiber
ultrafiltration membrane cassettes.
Therefore, the Township concluded that
there is no domestically available
immersed hollow fiber ultrafiltration
membrane cassette and that a waiver
from Buy American requirements would
be required. Based on the technical
evaluation of the Township’s waiver
request and supporting documentation
as well as the additional research
conducted by EPA’s national contractor,
the Township’s claim that there are no
submerged hollow fiber ultrafiltration
MBR membranes manufactured in the
United States that meet the design
specification is supported by the
available evidence.
The purpose of the ARRA is to
stimulate economic recovery in part by
funding current infrastructure
construction, not to delay projects that
are already ‘‘shovel ready’’ by requiring
entities, such as the Township, to revise
their design standards and
specifications 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 potentially the cancellation of
this project as sited. The delay or
cancellation of this construction would
directly conflict with the fundamental
economic purpose of ARRA, which is to
create or retain jobs.
The April 28, 2009, EPA Headquarters
Memorandum, ‘‘Implementation of Buy
American provisions of Public Law
111–5, the ‘American Recovery and
Reinvestment Act of 2009’’’
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Fmt 4703
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32201
(Memorandum), defines: reasonably
available quantity as ‘‘the quantity of
iron, steel, or the 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,’’ and satisfactory quality as ‘‘the
quality of iron, steel, or the relevant
manufactured good as specified in the
project plans and designs.’’
The Region 2 State Revolving Fund
Program Team has reviewed this waiver
request and has determined that the
supporting documentation provided by
the Township establishes both a proper
basis to specify the particular good
required and that the manufactured
good is not available from a producer in
the United States to meet the design
specifications for the proposed project.
The information provided is sufficient
to meet the criteria listed under Section
1605(b) of ARRA, OMB regulations at 2
CFR 176.60–176.170, and in the EPA
Headquarters 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 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
Township’s technical specifications, a
waiver from the Buy American
requirement is justified.
The Administrator’s 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 Township is hereby granted a
waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5 for the purchase of
the ZeeWeed® 500D immersed hollow
fiber ultrafiltration membrane cassettes,
as specified in its January 18, 2011
waiver request and February 4, 2011
supplemental submittal to EPA. 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.
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32202
Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Notices
Dated: April 25, 2011.
Judith A. Enck,
Regional Administrator, Environmental
Protection Agency, Region 2.
[FR Doc. 2011–13829 Filed 6–2–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9315–9]
Proposed Settlement Agreement for
Recovery of Past Response Costs
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980, as Amended by the Superfund
Amendments and Reauthorization Act
of 1986; in Re: Agawam Sportsman’s
Club Superfund Site, Located in
Agawam, MA
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed settlement;
request for public comment.
AGENCY:
In accordance with the
Comprehensive Environmental
Response Compensation, and Liability
Act, as amended (‘‘CERCLA’’), 42 U.S.C.
9601, et. seq., notice is hereby given of
a proposed administrative settlement for
recovery of past response costs at the
Agawam Sportsman’s Club Superfund
Site, in Agawam, Massachusetts. The
settlement requires the settling party,
Agwam Sportsman’s Club, Inc. (‘‘ASC’’)
to sell the Site property for fair market
value and distribute 90% of the net sale
proceeds to the Environmental
Protection Agency (the ‘‘Agency’’) for
past response costs incurred at the Site.
ASC would be required to distribute the
remaining 10% of the net sale proceeds
to the Town of Agawam as a result of
property tax arrears. ASC has entered
into a purchase and sale agreement to
sell the Site property to a developer.
The settlement includes a covenant not
to sue the Settling Party pursuant to
section 107(a) of CERCLA, 42 U.S.C.
9607(a).
For thirty (30) days following the date
of publication of this notice, the Agency
will receive written comments relating
to the proposed settlement. The Agency
will consider all comments received and
may modify or withdraw its consent to
the settlement if comments received
disclose facts or considerations which
indicate that the settlement is
inappropriate, improper, or inadequate.
The Agency’s response to any comments
received will be available for public
inspection at 5 Post Office Square,
Boston, MA 02109–3912.
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SUMMARY:
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15:49 Jun 02, 2011
Jkt 223001
Comments must be submitted on
or before July 5, 2011
ADDRESSES: Comments should be
addressed to the Regional Hearing Clerk,
U.S. Environmental Protection Agency,
Region I, 5 Post Office Square, Suite
100, Mailcode ORA 18–1, Boston,
Massachusetts 02109–3912, and should
refer to: In re: Agawam Sportsman’s
Club Superfund Site, U.S. EPA Docket
No. CERCLA–01–2010–0008. .
FOR FURTHER INFORMATION CONTACT: A
copy of the proposed Agreement can be
obtained from Gregory Dain, U.S.
Environmental Protection Agency,
Region I, 5 Post Office Square, Suite
100, Mailcode OES 04–2, Boston,
Massachusetts 02109–3912, (617) 918–
1884.
DATES:
Dated: May 18, 2011.
Art Johnson,
Acting Director, Office of Site Remediation
and Restoration, Region I.
[FR Doc. 2011–13833 Filed 6–2–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[[FRL–9315–5]
Science Advisory Board Staff Office
Request for Additional Nominations for
the SAB Environmental Justice
Technical Review Panel(s)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA Science Advisory
Board (SAB) Staff Office is requesting
public nominations of additional
experts to review the Agency’s proposed
technical document(s) which consider
environmental justice concerns.
DATES: Nominations should be
submitted by June 24, 2011 per
instructions below.
FOR FURTHER INFORMATION: Any member
of the public wishing further
information regarding this Notice and
Request for Nominations may contact
Dr. Suhair Shallal, Designated Federal
Officer (DFO), SAB Staff Office, by
telephone/voice mail at (202) 564–2057;
by fax at (202) 565–2098 or via e-mail
at shallal.suhair@epa.gov. General
information concerning the EPA Science
Advisory Board can be found at the EPA
SAB Web site at https://www.epa.gov/
sab.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background: The SAB was
established pursuant to the
Environmental Research, Development,
and Demonstration Authorization Act
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(ERDAA), codified at 42 U.S.C. 4365, to
provide independent scientific and
technical advice to the Administrator.
The SAB is a Federal Advisory
Committee chartered under the Federal
Advisory Committee Act (FACA), 5
U.S.C., App. 2. The SAB will comply
with the provisions of FACA and all
appropriate SAB Staff Office procedural
policies.
The SAB published a Federal Register
notice (Vol. 76, Number 30, Pages 8366–
8367) on February 14, 2011 seeking
nominations for a SAB panel to review
the Agency’s environmental justice
technical documents. The SAB is now
seeking to augment the list of potential
candidates to include additional experts
to review the Agency’s environmental
justice screening tool(s).
EPA is developing several tools to
help identify communities of potential
environmental justice (EJ) concern.
These EJ screening tools use a variety of
demographic and environmental
variables, combined in different ways.
EPA has requested that the SAB provide
advice on establishing a method for
weighting the environmental factors
used in these tools.
Request for Nominations: The SAB
Staff Office is seeking additional
nominations of nationally and
internationally recognized experts with
experience in the following disciplines:
risk assessment (particularly
comparative risk and risk ranking);
decision analysis; economics and
environmental science, specifically in
drinking water and groundwater human
health effects, particulate matter, ozone
and toxic air pollutants (including
diesel particulate matter); lead in paint,
household dust and other locations,
proximity to active and inactive
hazardous waste sites, industrial and
other facilities; and proximity to
highways. Additional experts will be
considered along with those currently
identified on the list of candidates (see
https://yosemite.epa.gov/sab/
sabproduct.nsf/02ad90b136fc21e
f85256eba00436459/
0F7D1A0D7D15001B852578300
0673AC3/$File/memo%20and%20bio%20EJT.pdf).
Availability of the Review Materials:
The review materials will be made
available on the SAB Web site. For
questions concerning the review
materials, please contact Bridgid Curry
at (202) 565–2567, or
curry.bridgid@epa.gov.
Process and Deadline for Submitting
Nominations: Any interested person or
organization may nominate qualified
individuals in the areas of expertise
described above for possible service on
this expert ad hoc Panel. Nominations
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]]>Agencies
[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Notices]
[Pages 32200-32202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13829]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL -9314-7]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to Montgomery Township, NJ
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The EPA 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 Montgomery Township, New Jersey (the
Township), for the purchase of specific foreign manufactured immersed
hollow fiber ultrafiltration membrane cassettes, ZeeWeed[supreg] 500D,
which are the effluent filtration component of the Membrane Bioreactor
(MBR) for the Skillman Village Wastewater Treatment Plant (WWTP)
upgrade project. The ZeeWeed[supreg] 500D immersed ultrafiltration
membrane cassettes are manufactured outside of the United States by GE
Water & Processes Technologies (GEW&PT), in Oroszlany, Hungary. The
design and specifications of the Township's proposed Skillman Village
WWTP upgrade project were based on the recommendations provided by an
engineering study and pilot testing conducted in 2005, which concluded
that the WWTP facility be upgraded with a MBR process.
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 project that may wish to use the same product must apply for a
separate waiver based on project specific circumstances. Based upon
information submitted by the Township and its consulting engineer, EPA
has concluded that there are currently no domestic manufactured
submerged hollow fiber ultrafiltration MBR membranes available in
sufficient and reasonable quantity and of a satisfactory quality to
meet the Township's project design and performance specifications and
that a waiver is justified. The Regional Administrator is making this
determination based on the review and recommendations of the State
Revolving Fund Program Team. The Assistant Administrator of the Office
of Administration and Resources Management has concurred on this
decision to make an exception to Section 1605(a) of ARRA. This action
permits the purchase of foreign manufactured submerged hollow fiber
ultrafiltration membrane cassettes by the Township, as specified in its
January 18, 2011 waiver request and February 4, 2011 supplemental
submittal to EPA.
DATES: Effective Date: June 3, 2011.
FOR FURTHER INFORMATION CONTACT: Alicia Reinmund-Mart[iacute]nez,
Environmental Engineer, (212) 637-3827, State Revolving Fund Program
Team, Division of Environmental Planning and Protection, U.S. EPA, 290
Broadway, New York, NY 10007.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Sections 1605(c) and
1605(b)(2), 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 Township for the purchase of
ZeeWeed[supreg] 500D immersed hollow fiber ultrafiltration membrane
cassettes manufactured in Hungary by GEW&PT that meet the Township's
design and performance specifications of its Skillman Village WWTP
upgrade project. EPA has evaluated the Township's basis for the
procurement of the foreign made immersed hollow fiber ultrafiltration
membrane cassettes. Based upon information submitted by the Township
and its consulting engineer, EPA has concluded that there are currently
no domestic manufactured immersed hollow fiber ultrafiltration membrane
cassettes available in sufficient and reasonable quantity and of a
satisfactory quality to meet the Township's project design and
performance specifications.
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 are 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) of ARRA 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.
EPA has determined that the Township's waiver request is timely
even though the request was made after the construction contract was
signed. Consistent with the direction of the Office of Management and
Budget (OMB) regulations at 2 CFR 176.120, EPA has evaluated the
Township'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 Township's
request may be treated as timely because the need for a waiver was not
foreseeable at
[[Page 32201]]
the time the contract was signed. The Township submitted this waiver
request after the contract date because on June 22, 2009, GEW&PT had
provided a Buy American compliance certification letter to the Township
indicating that the MBR system would comply with ARRA Section 1605
pursuant to the ``substantial transformation'' test. At that time, the
Township considered this rationale reasonable and anticipated full
compliance with the Buy American provisions of ARRA. The Township did
not determine the need for a waiver until on or about May 25, 2010,
when GEW&PT notified the Township that the ZeeWeed[supreg] 500D
immersed hollow fiber ultrafiltration membrane cassettes of its MBR
system did not comply with the substantial transformation test and that
the Township should seek a waiver from Buy American requirements based
on no availability of domestic manufactured membrane cassettes that
meet project specifications. Accordingly, EPA will evaluate the request
as a timely request.
The Township's Skillman Village WWTP upgrade project includes the
installation of a MBR system that will enable the WWTP's effluent
quality to meet the new stringent effluent limitations stipulated in
its New Jersey Pollutant Discharge Elimination System (NJPDES)
wastewater discharge permit. The documentation provided by the Township
indicates that with the exception of the actual ZeeWeed[supreg]500D
membrane cassettes, GEW&PT will fabricate and assemble all of the MBR
system components in its Minnetonka, Minnesota facility. The
ZeeWeed[supreg] 500D immersed hollow fiber ultrafiltration membrane
cassettes are manufactured in Hungary and will be shipped directly from
the manufacturing facility in Hungary to the project site.
The Township is requesting a waiver for the purchase of
ZeeWeed[supreg] 500D immersed hollow fiber ultrafiltration membrane
cassettes because there are no submerged hollow fiber ultrafiltration
MBR membranes manufactured in the United States that meet the design
specifications for the project. Based on an engineering study and pilot
testing conducted in 2005, the Township identified MBR technology as
the most appropriate and best demonstrable technology for the Skillman
Village WWTP upgrade project. During the design and bidding phase of
the project, the Township evaluated multiple manufacturers of MBR
systems, and fully anticipated, by way of manufacturer/supplier
confirmation, that the specified GEW&PT membrane cassettes would be
fully compliant with ARRA Buy American requirements.
Upon learning from GEW&PT on May 25, 2010, that the ZeeWeed[supreg]
500D membranes would not meet the substantial transformation test and
therefore, is not in compliance with ARRA Buy American requirements,
the Township repeated its efforts to find domestic manufactured
ultrafiltration hollow fiber membranes that would meet the Skillman
Village WWTP upgrade project specifications. The Township's research
confirmed that no additional manufacturers of such membranes suitable
for the WWTP project had entered the North American market since the
design phase of the project The Township's research revealed that, the
MBR market is dominated by four manufacturers of MBR systems, including
General Electric (Zenon), Kubota, Siemens and Koch-Puron, and all four
companies manufacture their cassettes abroad. Of these manufacturers,
only General Electric and Siemens manufacture the specified immersed
hollow fiber ultrafiltration membrane cassettes. Therefore, the
Township concluded that there is no domestically available immersed
hollow fiber ultrafiltration membrane cassette and that a waiver from
Buy American requirements would be required. Based on the technical
evaluation of the Township's waiver request and supporting
documentation as well as the additional research conducted by EPA's
national contractor, the Township's claim that there are no submerged
hollow fiber ultrafiltration MBR membranes manufactured in the United
States that meet the design specification is supported by the available
evidence.
The purpose of the ARRA is to stimulate economic recovery in part
by funding current infrastructure construction, not to delay projects
that are already ``shovel ready'' by requiring entities, such as the
Township, to revise their design standards and specifications 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 potentially the cancellation of this project as
sited. The delay or cancellation of this construction would directly
conflict with the fundamental economic purpose of ARRA, which is to
create or retain jobs.
The April 28, 2009, EPA Headquarters 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 the 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,'' and satisfactory quality as ``the
quality of iron, steel, or the relevant manufactured good as specified
in the project plans and designs.''
The Region 2 State Revolving Fund Program Team has reviewed this
waiver request and has determined that the supporting documentation
provided by the Township establishes both a proper basis to specify the
particular good required and that the manufactured good is not
available from a producer in the United States to meet the design
specifications for the proposed project. The information provided is
sufficient to meet the criteria listed under Section 1605(b) of ARRA,
OMB regulations at 2 CFR 176.60-176.170, and in the EPA Headquarters
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 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 Township's technical specifications, a
waiver from the Buy American requirement is justified.
The Administrator's 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
Township is hereby granted a waiver from the Buy American requirements
of Section 1605(a) of Public Law 111-5 for the purchase of the
ZeeWeed[supreg] 500D immersed hollow fiber ultrafiltration membrane
cassettes, as specified in its January 18, 2011 waiver request and
February 4, 2011 supplemental submittal to EPA. 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.
[[Page 32202]]
Dated: April 25, 2011.
Judith A. Enck,
Regional Administrator, Environmental Protection Agency, Region 2.
[FR Doc. 2011-13829 Filed 6-2-11; 8:45 am]
BILLING CODE 6560-50-P
