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 Astoria (the City), OR

Résumé

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) [inconsistent with the public interest] to the City for the utilization and installation of one (1) Slide Gate in the influent control structure and two (2) Stop Logs/Guides sets in access manholes as part of an overall Combined Sewage Overflow (CSO) control 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 City had the contractual obligation of the contractor and written verification from the manufacturer that the Slide Gate and Stop Logs/Guides would comply with Buy American requirements and be produced in a U.S. facility. However, the contractor observed that the Slide Gate and Stop Logs/Guides delivered to the site for installation had "Made in Canada" labeling. The contractor confirmed with the manufacturer that goods were actually manufactured in Canada, not in the U.S., and shipped