Notice of Regional Waiver Pursuant to Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009, to Mason County, WA, 51973-51975 [2011-21230]
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BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9454–4]
Notice of Regional Waiver Pursuant to
Section 1605 (Buy American
Requirement) of the American
Recovery and Reinvestment Act of
2009, to Mason County, WA
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Regional Administrator
of EPA Region 10 is hereby granting a
waiver request from the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(1). This waiver request is being
granted because EPA believes it is in the
public interest to allow Mason County,
Washington (the County) to utilize and
install six specific turbo aeration blower
units as part of the County’s Belfair
Wastewater and Water Reclamation
Facilities project. This is a project
specific waiver and only applies to the
use of the specified product for the
ARRA project being proposed. Any
other ARRA recipient that wishes to use
the same product must apply for a
separate waiver based on project
specific circumstances. The Membrane
Bioreactor (MBR) system was selected
and procured by the County in 2008
using non-ARRA funding and prior to
enactment of ARRA. However, since the
MBR equipment is being installed by an
ARRA funded contract, the new Buy
American requirements of ARRA apply.
As ARRA was enacted after the County’s
procurement actions, the County could
not be aware of the need to purchase
and install a Buy American compliant
MBR system and could not reasonably
foresee the need for a waiver.
Requiring the installation of
domestically manufactured turbo
aeration blower units will extend the
time frame of the project significantly
(by at least four months), due to the
redesign, procurement, submittal
delivery, submittal review, fabrication,
delivery, and replacement of the
aeration blower installation at the
construction site. Redesign,
reconstruction, and replacement of the
blowers will likely cost at least an
additional $620,000 and could also void
the three year manufacturer warranty for
the MBR that is valid only if system
components identified in the
manufacturer’s proposal are utilized. A
significant delay in the project schedule
could push the project past the
anticipated September 2011 project
completion into the fall rainy season,
and could cause runoff over areas of
SUMMARY:
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51973
failing septic systems and pose a risk to
environmental and water quality
protection. This additional cost and
delay is inconsistent with the public
interest, and a waiver of the Buy
American provisions in these
circumstances is justified. This action
allows the installation of the six
specified turbo aeration blower units
that have already been delivered to the
construction site as noted in Mason
County’s May 27, 2011, request and
additional follow up documentation.
DATES: Effective Date: August 9, 2011.
FOR FURTHER INFORMATION CONTACT:
Bryan Fiedorczyk, CWSRF ARRA
Program Management Analyst, Grants
and Strategic Planning Unit, Office of
Water & Watersheds (OWW), (206) 553–
0506, U.S. EPA Region 10 (OWW–137),
1200 Sixth Avenue, Suite 900, Seattle,
WA 98101.
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 Mason County,
Washington, for the utilization and
installation of six specific turbo aeration
blower units as part of the County’s
Belfair Wastewater and Water
Reclamation Facilities project. Based on
the information provided by the County
and its consultant project manager, EPA
has determined that it is inconsistent
with the public interest for the County
to further delay the project and incur
significant additional costs to pursue
the purchase and installation of
domestic manufactured turbo aeration
blower units.
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, in this case, 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.
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51974
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices
Consistent with the direction of
OMB’s regulation at 2 CFR 176.120, the
EPA will generally consider a waiver
request with respect to components that
were specified in the bid solicitation or
in a general/primary construction
contract or those made after obligating
ARRA funds for a project to be a ‘‘late’’
request. However, in this case EPA has
determined that the County’s request,
though made after the date the contract
was signed, can be evaluated as timely
because of the extenuating
circumstances surrounding this ongoing project.
The Membrane Bioreactor (MBR)
system works using a combination of
filtration and biological processes and is
a critical component of the treatment
process to remove nutrients (nitrogen)
and other pollutants from the
wastewater. The MBR system is
comprised of MBR filtration cassettes,
aeration and membrane scouring
blowers, and several other auxiliary
components integral to the efficient
operation of the system. The County
decided the MBR process was the most
environmentally sound and cost
effective solution to treat the wastewater
to the ‘‘Class A’’ reuse standards in
order to meet the County’s water reuse
goal and the anticipated regulatory and
permit requirements. The MBR system
was procured by the County for use at
the new wastewater treatment plant
prior to enactment of ARRA with non
ARRA funding. The KUBOTA
Submerged Membrane Unit® system
and accompanying MBR components
were selected and contracted with
Enviroquip (now Ovivo USA) in March
2008 during the early phases of design.
The design for the treatment plant was
based on this pre-selected MBR
equipment and continued until project
construction went to bid in late 2009.
As a result of a value engineering study
during the design process, a change
order was signed in October 2009 to
incorporate specific components
including energy-efficient blowers and
feed pumps as part of the MBR system.
Though the MBR equipment was
procured by a pre-ARRA contract before
ARRA was enacted, the actual
installation is being completed through
Mason County’s ARRA Clean Water
State Revolving Fund (CWSRF) loan
(#L100026). Due to EPA’s ARRA Buy
American implementation guidance
dated April 28, 2009, that defines a
project as all work ‘‘closely related in
purpose, time and place,’’ this
previously contracted MBR equipment
needs to meet Buy American
requirements as an integral component
of the Belfair Wastewater and Water
Reclamation Facilities project. There is
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not a mechanism authorizing previously
contracted, purchased, or owned
equipment as exempt from Buy
American requirements. As context, the
entire project cost is estimated at $28.8
million—$9.6 million is ARRA funded,
$3.8 million is paid by an EPA Special
Appropriations Act Project grant (for the
MBR equipment), and $15.4 million is
non-federally funded. The KTurbo
blowers, which are the subject of this
waiver, are estimated to cost
approximately $345,900.
The initial procurement of the MBR
system occurred well in advance of
ARRA, and the fact that the MBR
equipment was not being reimbursed by
ARRA funds created a complex
situation that State, EPA regional and
EPA headquarters staff had to
thoroughly review and research to
determine the applicability of ARRA.
Therefore, it is understandable that the
County was unaware of the need to
purchase and install a Buy American
compliant MBR system and could not
reasonably foresee the need for a waiver
until recently. Also of note, KTurbo is
currently suspended from participating
in procurement and nonprocurement
transactions pending the termination of
the suspension or implementation of a
debarment proceeding. However, this
suspension does not invalidate
transactions entered into prior the
suspension date of April 19, 2011. The
KTurbo blowers being utilized in the
County project were clearly procured
well in advance of April 19, 2011, thus
the procurement transaction is not
covered by the temporary suspension.
Additionally, these blowers were
identified as Korean/Canadian made
and not claimed to be manufactured in
the U.S., thus there is no evidence of
false claim pertaining to the Mason
County project.
The MBR system contract with
Enviroquip/Ovivo USA requires 95%
payment to the supplier (of the $2.1
million contract) for equipment
delivered. Therefore the County would
be obligated to pay for at least most of
the KTurbo blowers cost, plus an
estimated $540,000 extra for
replacement domestic blowers, an
estimated $80,000 for redesign and
reconstruction costs, and up to $30,000
per month for construction delay costs
per the prime contractor’s agreement.
Additionally, the three year warranty for
the MBR system identified in the project
specifications would be voided, as the
manufacturer stipulated the warranty
for the MBR system is valid only if
system components identified in the
manufacturer’s proposal are utilized.
Furthermore, not allowing the
installation of the six specified turbo
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aeration blower units that have been
delivered to the site could cause a
significant time delay to the project. The
County would need to completely
redesign, procure, and have domestic
manufactured turbo aeration blower
units delivered to the site. According to
the County, the construction completion
date could be delayed by four months or
more. Of significant note, the County is
scheduled to complete the project in
September 2011. Increased delays in to
the project schedule could push
completion into the rainy season, during
which the typical wet weather
associated with October through January
could cause runoff over areas of failing
septic systems and pose a risk to
environmental and water quality
protection.
Finally, the purpose of the ARRA is
to stimulate economic recovery by
funding current infrastructure
construction, not to delay or require the
substantial redesign of projects that are
‘‘shovel ready’’, such as this project in
Mason County, Washington. The
implementation of the ARRA Buy
American requirements in this case
would result in an unreasonable delay
in its completion. Such delay would
also directly conflict with a
fundamental economic purpose of
ARRA, which is to create or retain jobs.
More importantly, the imposition of the
Buy American requirement would result
in additional risk to water quality
protection.
The Grants and Strategic Planning
Unit of EPA has reviewed this waiver
request and has determined that the
supporting documentation provided by
the County established a proper basis to
specify that using the domestic
manufactured good would be
inconsistent with the public interest of
Mason County, Washington. 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 using
a domestically available alternative
manufactured good would be
inconsistent with the public interest,
Mason County, Washington, is hereby
granted a waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5. This waiver permits
use of ARRA funds for the installation
and utilization of the six specified turbo
aeration blower units that have already
been delivered to the construction site
E:\FR\FM\19AUN1.SGM
19AUN1
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices
as noted in the County’s May 27, 2011
request and additional follow up
documentation. 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: August 9, 2011.
Dennis J. McLerran,
Regional Administrator, EPA, Region 10.
[FR Doc. 2011–21230 Filed 8–18–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act System of Records
Federal Communications
Commission (FCC, Commission, or the
Agency)
ACTION: Notice; one new Privacy Act
system of records; two deleted systems
of records.
AGENCY:
Pursuant to subsection (e)(4)
of the Privacy Act of 1974, as amended
(‘‘Privacy Act’’), 5 U.S.C. 552a, the FCC
proposes to add one new, consolidated
system of records, FCC/OMD–28, ‘‘Time
and Attendance Records.’’ FCC/OMD–
28, ‘‘Time and Attendance Records’’
will incorporate the information, i.e.,
personally identifiable information (PII),
presently covered by FCC/OMD–14,
‘‘Pay and Leave Records,’’ and FCC/
OMD–21, ‘‘Garnishment and Levy of
Wages,’’ and also add new and/or
updated information that pertains to the
responsibilities of the FCC’s Human
Resources Management (the Agency)
division of the Office of Managing
Director (OMD). Upon approval of FCC/
OMD–30, the Commission will cancel
FCC/OMD–14 and FCC/OMD–21. The
purposes for adding this new system of
records, FCC/OMD–28, ‘‘Time and
Attendance Records,’’ are for the
Agency to use the records in this system
primarily to prepare time and
attendance records and to certify hours
worked/leave earned and leave taken
and to administer the FCC’s time and
attendance/payroll program. These
records may also be used to validate and
verify hours worked/leave taken/credit
hours claimed and to ensure appropriate
recordkeeping as well as appropriate
expenditure of Federal funds. The new
system of records will consolidate FCC/
OMD–14 and FCC/OMD–21 that the
Agency currently uses so that all the
personally identifiable information (PII)
in the two information systems are now
housed in a single Agency system of
records.
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SUMMARY:
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In accordance with subsections
(e)(4) and (e)(11) of the Privacy Act, any
interested person may submit written
comments concerning the alteration of
this system of records on or before
September 19, 2011. The Office of
Information and Regulatory Affairs
(OIRA), Office of Management and
Budget (OMB), which has oversight
responsibility under the Privacy Act to
review the system of records, and
Congress may submit comments on or
before September 28, 2011. The
proposed new system of records will
become effective on September 28, 2011
unless the FCC receives comments that
require a contrary determination. The
Commission will publish a document in
the Federal Register notifying the
public if any changes are necessary. As
required by 5 U.S.C. 552a(r) of the
Privacy Act, the FCC is submitting
reports on this proposed new system to
OMB and Congress.
ADDRESSES: Address comments to Leslie
F. Smith, Privacy Analyst, Performance
Evaluation and Records Management
(PERM), Room 1–C216, Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554, (202) 418–0217, or via the
Internet at Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Contact Leslie F. Smith, Performance
Evaluation and Records Management
(PERM), Room 1–C216, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554,
(202) 418–0217 or via the Internet at
Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: As
required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and
(e)(11), this document sets forth notice
of this proposed new system of records
maintained by the FCC. The FCC
previously gave complete notice of the
two systems of records, FCC/OMD–14,
‘‘Pay and Leave’’ and FCC/OMD–21,
‘‘Garnishment and Levy of Wages,’’
which the Commission intends to
cancel upon both the approval and
deployment of FCC/OMD–28, ‘‘Time
and Attendance Records,’’ as referenced
under this Notice by publication in the
Federal Register on April 5, 2006 (71 FR
17234, 17257 and 17266 respectively).
This notice is a summary of the more
detailed information about the proposed
new system of records, which may be
viewed at the location given above in
the ADDRESSES section. The purposes for
adding this new system of records, FCC/
OMD–28, ‘‘Time and Attendance
Records,’’ are for the Agency to use the
records in this system of records
primarily to prepare time and
attendance records and to certify hours
DATES:
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51975
worked/leave earned and leave taken
and to administer the FCC’s time and
attendance/payroll program. These
records may also be used to validate and
verify hours worked/leave taken/credit
hours claimed and to ensure appropriate
recordkeeping as well as appropriate
expenditure of Federal funds. The new
system of records will consolidate FCC/
OMD–14 and FCC/OMD–21 that the
Agency currently uses so that all the PII
data in the two information systems are
now housed in a single Agency system
of records.
This notice meets the requirement
documenting the change to the systems
of records that the FCC maintains, and
provides the public, OMB, and Congress
with an opportunity to comment.
FCC/OMD–14
SYSTEM NAME:
Time and Attendance Records.
SECURITY CLASSIFICATION:
The FCC’s Security Operations Center
(SOC) has not assigned a security
classification to this system of records.
SYSTEM LOCATION:
Human Resources Management
(HRM), Office of Managing Director
(OMD), Federal Communications
Commission (FCC), 445 12th Street,
SW., Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals in this
system consist of current and former
employees of the Federal
Communications Commission (FCC).
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this
system are used:
1. To administer the pay, leave, and
garnishment requirements for FCC
employees: FCC employee’s name, work
and home addresses, Social Security
Number (SSN), bureau/office,
timekeeper number, salary, pay plan,
number of hours worked, leave accrual
rate, usage, and balances, and associated
supporting documentation such as
Request for Leave, Credit Hours earned,
Compensatory and Overtime hours
requested and earned, time off awards
credited, leave transfer requests, leave
donor forms, medical documentation to
support advance of sick leave and leave
transfer, tax, payroll allotment, and
direct deposit forms, etc; and
2. To administer garnishment and
levy orders: Orders served upon the FCC
for implementation, correspondence,
and memorandum issued by a court of
competent jurisdiction or by another
government entity authorized to issue
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]]>Agencies
[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Pages 51973-51975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21230]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9454-4]
Notice of Regional Waiver Pursuant to Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009, to
Mason County, WA
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Regional Administrator of EPA Region 10 is hereby granting
a waiver request from the Buy American requirements of ARRA Section
1605 under the authority of Section 1605(b)(1). This waiver request is
being granted because EPA believes it is in the public interest to
allow Mason County, Washington (the County) to utilize and install six
specific turbo aeration blower units as part of the County's Belfair
Wastewater and Water Reclamation Facilities project. This is a project
specific waiver and only applies to the use of the specified product
for the ARRA project being proposed. Any other ARRA recipient that
wishes to use the same product must apply for a separate waiver based
on project specific circumstances. The Membrane Bioreactor (MBR) system
was selected and procured by the County in 2008 using non-ARRA funding
and prior to enactment of ARRA. However, since the MBR equipment is
being installed by an ARRA funded contract, the new Buy American
requirements of ARRA apply. As ARRA was enacted after the County's
procurement actions, the County could not be aware of the need to
purchase and install a Buy American compliant MBR system and could not
reasonably foresee the need for a waiver.
Requiring the installation of domestically manufactured turbo
aeration blower units will extend the time frame of the project
significantly (by at least four months), due to the redesign,
procurement, submittal delivery, submittal review, fabrication,
delivery, and replacement of the aeration blower installation at the
construction site. Redesign, reconstruction, and replacement of the
blowers will likely cost at least an additional $620,000 and could also
void the three year manufacturer warranty for the MBR that is valid
only if system components identified in the manufacturer's proposal are
utilized. A significant delay in the project schedule could push the
project past the anticipated September 2011 project completion into the
fall rainy season, and could cause runoff over areas of failing septic
systems and pose a risk to environmental and water quality protection.
This additional cost and delay is inconsistent with the public
interest, and a waiver of the Buy American provisions in these
circumstances is justified. This action allows the installation of the
six specified turbo aeration blower units that have already been
delivered to the construction site as noted in Mason County's May 27,
2011, request and additional follow up documentation.
DATES: Effective Date: August 9, 2011.
FOR FURTHER INFORMATION CONTACT: Bryan Fiedorczyk, CWSRF ARRA Program
Management Analyst, Grants and Strategic Planning Unit, Office of Water
& Watersheds (OWW), (206) 553-0506, U.S. EPA Region 10 (OWW-137), 1200
Sixth Avenue, Suite 900, Seattle, WA 98101.
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 Mason County, Washington, for the utilization and
installation of six specific turbo aeration blower units as part of the
County's Belfair Wastewater and Water Reclamation Facilities project.
Based on the information provided by the County and its consultant
project manager, EPA has determined that it is inconsistent with the
public interest for the County to further delay the project and incur
significant additional costs to pursue the purchase and installation of
domestic manufactured turbo aeration blower units.
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, in this case, 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.
[[Page 51974]]
Consistent with the direction of OMB's regulation at 2 CFR 176.120,
the EPA will generally consider a waiver request with respect to
components that were specified in the bid solicitation or in a general/
primary construction contract or those made after obligating ARRA funds
for a project to be a ``late'' request. However, in this case EPA has
determined that the County's request, though made after the date the
contract was signed, can be evaluated as timely because of the
extenuating circumstances surrounding this on-going project.
The Membrane Bioreactor (MBR) system works using a combination of
filtration and biological processes and is a critical component of the
treatment process to remove nutrients (nitrogen) and other pollutants
from the wastewater. The MBR system is comprised of MBR filtration
cassettes, aeration and membrane scouring blowers, and several other
auxiliary components integral to the efficient operation of the system.
The County decided the MBR process was the most environmentally sound
and cost effective solution to treat the wastewater to the ``Class A''
reuse standards in order to meet the County's water reuse goal and the
anticipated regulatory and permit requirements. The MBR system was
procured by the County for use at the new wastewater treatment plant
prior to enactment of ARRA with non ARRA funding. The KUBOTA Submerged
Membrane Unit[reg] system and accompanying MBR components were selected
and contracted with Enviroquip (now Ovivo USA) in March 2008 during the
early phases of design. The design for the treatment plant was based on
this pre-selected MBR equipment and continued until project
construction went to bid in late 2009. As a result of a value
engineering study during the design process, a change order was signed
in October 2009 to incorporate specific components including energy-
efficient blowers and feed pumps as part of the MBR system.
Though the MBR equipment was procured by a pre-ARRA contract before
ARRA was enacted, the actual installation is being completed through
Mason County's ARRA Clean Water State Revolving Fund (CWSRF) loan
(L100026). Due to EPA's ARRA Buy American implementation
guidance dated April 28, 2009, that defines a project as all work
``closely related in purpose, time and place,'' this previously
contracted MBR equipment needs to meet Buy American requirements as an
integral component of the Belfair Wastewater and Water Reclamation
Facilities project. There is not a mechanism authorizing previously
contracted, purchased, or owned equipment as exempt from Buy American
requirements. As context, the entire project cost is estimated at $28.8
million--$9.6 million is ARRA funded, $3.8 million is paid by an EPA
Special Appropriations Act Project grant (for the MBR equipment), and
$15.4 million is non-federally funded. The KTurbo blowers, which are
the subject of this waiver, are estimated to cost approximately
$345,900.
The initial procurement of the MBR system occurred well in advance
of ARRA, and the fact that the MBR equipment was not being reimbursed
by ARRA funds created a complex situation that State, EPA regional and
EPA headquarters staff had to thoroughly review and research to
determine the applicability of ARRA. Therefore, it is understandable
that the County was unaware of the need to purchase and install a Buy
American compliant MBR system and could not reasonably foresee the need
for a waiver until recently. Also of note, KTurbo is currently
suspended from participating in procurement and nonprocurement
transactions pending the termination of the suspension or
implementation of a debarment proceeding. However, this suspension does
not invalidate transactions entered into prior the suspension date of
April 19, 2011. The KTurbo blowers being utilized in the County project
were clearly procured well in advance of April 19, 2011, thus the
procurement transaction is not covered by the temporary suspension.
Additionally, these blowers were identified as Korean/Canadian made and
not claimed to be manufactured in the U.S., thus there is no evidence
of false claim pertaining to the Mason County project.
The MBR system contract with Enviroquip/Ovivo USA requires 95%
payment to the supplier (of the $2.1 million contract) for equipment
delivered. Therefore the County would be obligated to pay for at least
most of the KTurbo blowers cost, plus an estimated $540,000 extra for
replacement domestic blowers, an estimated $80,000 for redesign and
reconstruction costs, and up to $30,000 per month for construction
delay costs per the prime contractor's agreement. Additionally, the
three year warranty for the MBR system identified in the project
specifications would be voided, as the manufacturer stipulated the
warranty for the MBR system is valid only if system components
identified in the manufacturer's proposal are utilized.
Furthermore, not allowing the installation of the six specified
turbo aeration blower units that have been delivered to the site could
cause a significant time delay to the project. The County would need to
completely redesign, procure, and have domestic manufactured turbo
aeration blower units delivered to the site. According to the County,
the construction completion date could be delayed by four months or
more. Of significant note, the County is scheduled to complete the
project in September 2011. Increased delays in to the project schedule
could push completion into the rainy season, during which the typical
wet weather associated with October through January could cause runoff
over areas of failing septic systems and pose a risk to environmental
and water quality protection.
Finally, the purpose of the ARRA is to stimulate economic recovery
by funding current infrastructure construction, not to delay or require
the substantial redesign of projects that are ``shovel ready'', such as
this project in Mason County, Washington. The implementation of the
ARRA Buy American requirements in this case would result in an
unreasonable delay in its completion. Such delay would also directly
conflict with a fundamental economic purpose of ARRA, which is to
create or retain jobs. More importantly, the imposition of the Buy
American requirement would result in additional risk to water quality
protection.
The Grants and Strategic Planning Unit of EPA has reviewed this
waiver request and has determined that the supporting documentation
provided by the County established a proper basis to specify that using
the domestic manufactured good would be inconsistent with the public
interest of Mason County, Washington. 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 using a domestically available
alternative manufactured good would be inconsistent with the public
interest, Mason County, Washington, is hereby granted a waiver from the
Buy American requirements of Section 1605(a) of Public Law 111-5. This
waiver permits use of ARRA funds for the installation and utilization
of the six specified turbo aeration blower units that have already been
delivered to the construction site
[[Page 51975]]
as noted in the County's May 27, 2011 request and additional follow up
documentation. 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: August 9, 2011.
Dennis J. McLerran,
Regional Administrator, EPA, Region 10.
[FR Doc. 2011-21230 Filed 8-18-11; 8:45 am]
BILLING CODE 6560-50-P
