Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 25243 

high-efficiency turbo-compressors. Five 

companies were found to manufacture 

these machines, but only two (ABS and 

one other company) used magnetic 

bearings. This other company was 

presented in Faribault’s submission as a 

U.S. firm that had bid on the project, but 

had never manufactured a turbocompressor the size of the 322-hp 

models required for the project. Because 

of this, Faribault believed that there was 

no domestic product of satisfactory 

quality available. 

EPA’s national contractor prepared a 

technical assessment report dated 

August 14, 2009, based on the submitted 

waiver request. The report determined 

that the waiver request submittal was 

complete, that adequate technical 

information was provided, and that 

there were no significant weaknesses in 

the justification provided. In the report’s 

examination of this submittal, it 

originally appeared that the U.S. firm 

might be able to meet the bid 

specifications for the turbocompressor, 

i.e., could potentially be ‘‘available.’’ 

This report did indicate some 

uncertainty as to the characteristics and 

quality of the turbocompressor that 

could be made available by the U.S. 

firm. After substantial further inquiry, 

EPA determined that while a turbocompressor of characteristics and 

quality responsive to Faribault’s 

specifications might be available from 

this U.S. firm, such a turbo-compressor 

was not in fact made in the U.S. by this 

firm, but was manufactured abroad. 

This conclusion confirmed the waiver 

applicant’s claim that there are no 

comparable domestic products that can 

meet the specific power and 

performance needs of the project 

Therefore, based on the information 

provided to EPA and to the best of our 

knowledge at this time, the high-speed, 

high-efficiency magnetic bearing turbocompressors necessary for this project 

are not manufactured in the United 

States, and no other U.S. manufactured 

product can meet Faribault’s project 

performance specifications and 

requirements. 

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 

communities such as Faribault to revise 

their standards and specifications and to 

start the bidding process again. The 

imposition of ARRA Buy American 

requirements on such projects otherwise 

eligible for ARRA State Revolving Fund 

assistance would result in unreasonable 

delay and thus displace the ‘‘shovel 

ready’’ status for this project. To further 

delay project implementation is in 

direct conflict with a fundamental 

economic purpose of the ARRA, which 

is to create or retain jobs. 

The State and Tribal Programs Branch 

has reviewed this waiver request and 

has determined that the supporting 

documentation provided by Faribault is 

sufficient to meet the criteria listed 

under Section 1605(b) of the ARRA 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) of the 

ARRA. 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 Faribault’s project 

performance specifications and 

requirements, a waiver from the Buy 

American requirement is justified. 

The March 31, 2009, Delegation of 

Authority Memorandum provided 

Regional Administrators with the 

authority to issue exceptions to Section 

1605 of the 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, Faribault is hereby 

granted a waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5 for the purchase of 

high-speed, high efficiency magnetic 

bearing turbo-compressors using ARRA 

funds as specified in the community’s 

request of August 3, 2009. 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: January 13, 2010. 

Walter W. Kovalick, 

Acting Regional Administrator, Region 3. 

[FR Doc. 2010–10908 Filed 5–6–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9145–6] 

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 Auburn, IN (Auburn) 

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 of a 

satisfactory quality] to Auburn, Indiana, 

for the purchase of three high-speed, 

high-efficiency magnetic bearing turbocompressors that will be used in the 

city’s sludge treatment process. This is 

a project-specific waiver and it 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 project-specific 

circumstances. These turbocompressors, which are supplied by 

ABS USA of Meriden, Connecticut, are 

manufactured in Sweden, and meet 

Auburn’s performance specifications 

and requirements. The Acting Regional 

Administrator is making this 

determination based on the review and 

recommendations of EPA Region 5’s 

Water Division. Auburn has provided 

sufficient documentation to support its 

request. The Assistant Administrator of 

the 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 high-speed, 

high-efficiency magnetic bearing turbocompressors for Auburn’s activated 

sludge project that may otherwise be 

prohibited under Section 1605(a) of the 

ARRA. 

DATES: Effective Date: March 25, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Lausted, SRF Program Manager 

(312) 886–0189, or Puja Lakhani, Office 

of Regional Counsel, (312) 353–3190, 

U.S. EPA Region 5, 77 W. Jackson Blvd., 

Chicago, IL 60604. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c) 

and pursuant to Section 1605(b)(2) of 

Public Law 111–5, Buy American 

requirements, EPA hereby provides 

notice that it is granting a project waiver 

to Auburn, Indiana, for the acquisition 


jlentini on DSKJ8SOYB1PROD with NOTICES
25244 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 

of high-speed, high-efficiency magnetic 

bearing turbo-compressors that are 

manufactured in Sweden. 

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, or unless a waiver is 

provided to the recipient by the head of 

the appropriate agency, here EPA. A 

waiver may be provided 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. 

These manufactured goods will 

provide aeration for Auburn’s activated 

sludge treatment process. The city 

selected the magnetic bearing 

technology because of its ability to 

avoid overheating and its track record of 

providing long-standing reliable 

service—key advantages over the 

competing airfoil bearing technology. 

Auburn’s submissions clearly 

articulated functional reasons that 

justified their technical specifications 

and requirements. 

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 applicant met the requirements 

specified for the availability inquiry as 

appropriate to the circumstances by 

conducting an extensive investigation 

into all possible sources for high-speed, 

high-efficiency turbo-compressors. 

Based on the investigation, five 

companies were found to manufacture 

these machines, but only two (ABS and 

one other company) used magnetic 

bearings. Moreover, both of the 

companies that use magnetic bearings 

manufacture their machines overseas. 

Auburn believes that since ABS has 

multiple municipal wastewater 

treatment plant installations in the 

Midwest and that its competitor has 

none, that the ABS turbo-compressor 

technology has been proven and would 

perform reliably in this specific 

application. Therefore, Auburn 

contends that there is no domestic 

product of satisfactory quality available. 

EPA’s national contractor prepared a 

technical assessment report dated 

January 27, 2010, based on the 

submitted waiver request. The report 

determined that the waiver request 

submittal was complete, that adequate 

technical information was provided, 

and that there were no significant 

weaknesses in the justification 

provided. Therefore, based on the 

information provided to EPA and to the 

best of our knowledge at this time, the 

high-speed, high-efficiency magnetic 

bearing turbo-compressors necessary for 

this project are not manufactured in the 

United States, and no other U.S. 

manufactured product can meet 

Auburn’s project performance 

specifications and requirements. 

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 

communities such as Auburn to revise 

their standards and specifications and to 

start the bidding process again. The 

imposition of ARRA Buy American 

requirements on such projects otherwise 

eligible for ARRA State Revolving Fund 

assistance would result in unreasonable 

delay and thus displace the ‘‘shovel 

ready’’ status for this project. To further 

delay project implementation is in 

direct conflict with a fundamental 

economic purpose of the ARRA, which 

is to create or retain jobs. 

The State and Tribal Programs Branch 

has reviewed this waiver request and 

has determined that the supporting 

documentation provided by Auburn is 

sufficient to meet the criteria listed 

under Section 1605(b) of the ARRA 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) of the 

ARRA. Due to the lack of production of 

this item in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality 

in order to meet Auburn’s project 

performance specifications and 

requirements, a waiver from the Buy 

American requirement is justified. 

The March 31, 2009, Delegation of 

Authority Memorandum provided 

Regional Administrators with the 

authority to issue exceptions to Section 

1605 of the 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, Auburn is hereby 

granted a waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5 for the purchase of 

high-speed, high efficiency magnetic 

bearing turbo-compressors using ARRA 

funds as specified in the community’s 

request of December 21, 2009. 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: March 25, 2010. 

Walter W. Kovalick, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2010–10918 Filed 5–6–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9145–4] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

Warren County, OH (Warren County) 

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 of a 

satisfactory quality] to Warren County 

for the purchase of a Trojan UV 4000 

Plus medium-pressure, high-intensity 

ultraviolet disinfection system to treat 

effluent from the Lower Little Miami 

River Wastewater Treatment Plant. 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 project-specific 

circumstances. This disinfection system, 

which is supplied by Trojan 

Technologies of London, Ontario, is 

manufactured in Canada and meets 


jlentini on DSKJ8SOYB1PROD with NOTICES