[Federal Register: February 3, 2010 (Volume 75, Number 22)]
[Notices]               
[Page 5588-5589]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe10-42]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9109-3]

 
Notice of a Regional Waiver of Section 1605 (Buy American 
Requirement) of the American Recovery and Reinvestment Act of 2009 
(ARRA) to the City of Richland (the City), WA for the Purchase of 
Aerostrip[reg] Fine Pore [Bubble] Diffusers Manufactured Outside of the 
United States Under the Section 1605 Waiver Authority Based on the 
Conclusion That 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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Acting Regional Administrator of EPA Region 10, is hereby 
granting a waiver of the Buy America 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 for the purchase 
of Aerostrip[reg] Fine Pore Diffusers supplied by Treatment Equipment 
Company in Bellevue, Washington and manufactured in Austria. 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 applicant indicates that 
Aerostrip[reg] Fine Pore Diffusers are the only feasible equipment to 
retrofit Richland's existing Waste Water Treatment Facility aeration 
basins. The Aerostrip[reg] Fine Pore Diffusers are only manufactured in 
Austria. No other fine pore diffusers are available or capable of 
meeting the aeration process design requirements. The Acting Regional 
Administrator is making this determination based on the review and 
recommendations of the Grants & Strategic Planning Unit. The City has 
provided sufficient documentation to support their request.

DATES: Effective Date: December 16, 2009.

FOR FURTHER INFORMATION CONTACT: Bryan Fiedorczyk, CWSRF ARRA Program 
Analyst, Grants & 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(b)(2) of Public Law 111-5, Buy American requirements, to 
the City for the acquisition of Aerostrip[reg] Fine Pore Diffusers 
supplied by Treatment Equipment Company in Bellevue, Washington and 
manufactured in Austria. The applicant indicates that Aerostrip[reg] 
Fine Pore Diffusers are the only feasible equipment to retrofit 
Richland's existing Waste Water Treatment Facility aeration basins. The 
Aerostrip[reg] Fine Pore Diffusers are only manufactured in Austria. No 
other fine pore diffusers are available or capable of meeting the 
aeration process design 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 is 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.
    This ARRA-funded project involves upgrading the aeration system in 
one of the Waste Water Treatment Facility's existing aeration basins, 
AB2 (replacement of an existing mechanical aeration system with a fine 
bubble strip membrane diffuser aeration system) and installation of 
additional fine bubble strip membrane aeration diffusers in the 
facility's other existing aeration basin, AB1. This project will thus 
complete the facility's aeration system upgrade originally designed 
(using proprietary strip membrane diffusers) to replace the mechanical 
aeration systems in the facility's two aeration basins. Important 
objectives of the project's improvements are to reduce energy 
consumption by more than 70% and reduce the discharge of suspended 
solids, biochemical oxygen demand and nitrogen into the Columbia River. 
Further requirements of the project dictated by the constraints of the 
existing facility include (1) Retrofit installation in the existing 
sloped wall basins, (2) compatibility with the aeration diffusers 
installed in a previous system upgrade, and (3) limiting the size of 
the associated aeration system blower upgrade to the available capacity 
of the facility's existing electrical system infrastructure. The 
objectives described above reflect appropriate and desirable 
performance upgrades central to the function of the facility, and are a 
justifiable basis for specifications to achieve those objectives. 
Similarly, the requirements for compatibility with various features of 
the existing facility are justified as appropriate and necessary 
specifications for a retrofit project.
    The applicant states that the engineer for the original project 
design evaluated fine bubble diffusers available from four 
manufacturers, and concluded that the Aerostrip[reg] diffusers were the 
best selection for the project because:
    [ballot] The project would require smaller aeration blowers since 
the Aerostrip[reg] diffusers:
     [cir] Generate smaller bubbles (creating a higher oxygen transfer 
surface area and efficiency).
     [cir] Operate at lower air flow per surface area to provide the 
required dissolved oxygen concentration to the wastewater under 
aeration.
     [cir] Use lower minimum air flow to open the pores of the 
diffuser.
    [ballot] The smaller aeration blower requirement resulting from the 
use of the Aerostrip[reg] diffusers allows the blower equipment to be 
implemented without requiring an upgrade to the facility's electrical 
power system.

[[Page 5589]]

    [ballot] The strip configuration of the Aerostrip[reg] diffusers 
(available in several dimensional configurations) is compatible with 
physical retrofit requirements of the project (i.e., some diffusers 
require installation on sloped walls of the existing aeration basins).
    Information provided by the applicant also indicates that the 
Aerostrip[reg] diffuser is preferable for the project because:
    [ballot] It is compatible with the aeration diffuser upgrade 
previously implemented in AB1 (which will allow for symmetrical flow/
Biochemical Oxygen Demand (BOD) loading to the two aeration basins, 
simplifying the operation of the treatment plant).
    [ballot] It will provide the requisite aeration capacity for the 
upgrade project within the facility's existing two aeration basins 
(i.e., use of an alternate fine bubble diffuser would require the 
design and construction of a third aeration basin to provide the 
required aeration capacity for the design BOD loading).
    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 City has incorporated specific technical design 
features for the proposed project based on the performance 
characteristics of the Aerostrip[reg] diffusers to meet the highest 
flow and loading demands of the Richland Waste Water Treatment Facility 
and the appropriate constraints of a retrofit project in an existing 
facility while minimizing energy consumption, operating costs and 
future capital improvements.
    The City has provided information to the EPA representing that 
there are currently no fine pore diffusers of comparable quality 
available from a domestic manufacturer to meet its specifications.
    Based on additional research by EPA's consulting contractor 
(Cadmus), and to the best of the Region's knowledge at this time, there 
does not appear to be other fine pore diffusers available to meet the 
City's specifications.
    Furthermore, the purpose of the ARRA provisions was to stimulate 
economic recovery by funding current infrastructure construction, not 
to delay projects that are already shovel ready by requiring entities, 
like the City, to revise their design and potentially choose a more 
costly and less efficient project. The imposition of ARRA Buy American 
requirements on such projects eligible for CWSRF 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 the most fundamental economic purposes of ARRA; to create 
or retain jobs.
    The Grants & Strategic Planning Unit has reviewed this waiver 
request and has determined that the supporting documentation provided 
by the City is sufficient to meet the following criteria listed under 
Section 1605(b), 2 CFR 176.60-176.170, and in the April 28, 2009, 
Implementation of Buy American provisions of Public Law 111-5, the 
``American Recovery and Reinvestment Act of 2009'' Memorandum: Iron, 
steel, and the manufactured goods are not produced in the United States 
in sufficient and reasonably available quantities and of a satisfactory 
quality.
    The basis for this project waiver is the authorization provided in 
Section 1605(b)(2), due to the lack of production of this product in 
the United States in sufficient and reasonably available quantities and 
of a satisfactory quality in order to meet the City's design 
specifications. The March 31, 2009 Delegation of Authority Memorandum 
provided Regional Administrators with the authority to issue exceptions 
to Section 1605 of ARRA within the geographic boundaries of their 
respective regions and with respect to requests by individual grant 
recipients. Having established both a proper basis to specify the 
particular good required for this project, and that this manufactured 
good was not available from a producer in the United States, the City 
is hereby granted a waiver from the Buy American requirements of 
Section 1605(a) of Public Law 111-5 for the purchase of Aerostrip[reg] 
Fine Pore Diffusers supplied by Treatment Equipment Company in 
Bellevue, Washington and manufactured in Austria as specified in the 
City's request of November 6, 2009. This supplementary information 
constitutes the detailed written justification required by Section 
1605(c) for waivers based on a finding under subsection (b).

    Authority: Public Law 111-5, section 1605.

    Dated: December 21, 2009.
Michelle L. Pirzadeh,
Acting Regional Administrator, EPA, Region 10.
[FR Doc. 2010-2255 Filed 2-2-10; 8:45 am]
BILLING CODE 6560-50-P