Report PDF - US Environmental Protection Agency

Agency’s Comments on Position Papers
Appendix C
The purpose of this memorandum is to respond to the July 19, 2012, position papers provided by
the Office of Inspector General developed following your audit of the Tennessee Department of
Transportation’s (TDOT) ARRA DERA Project Grant, EPA Grant No. 2A-95425709. We have
reviewed the position papers issued by your office and compared your findings to the
information available in the project file and supplemental information provided by the grantee.
Based on this information we offer the following response to your findings which concluded
that: (1) TDOT did not ensure compliance with the Buy American requirements stipulated in the
Recovery Act for its EPA Diesel Emissions Reduction Act truck stop electrification (TSE)
project grant; and (2) TDOT potentially overstated project results and the project may not
achieve expected environmental and human health benefits:
1. Regarding Finding 1, we do not agree with the finding and do not concur with your
recommendation to disallow and recover any Recovery Act grant funds for this project
grant. Further, pursuant to Agency responsibilities under Section 1605 of the Recovery
Act, EPA has stated in writing that the Buy American provisions do not apply to this
truck stop electrification project grant, and stand-by that decision as the facts in this case
do not factually support the finding noted above. The following information is provided
as factual information to support our position.
2. The TDOT project grant was awarded for the purpose of providing funding to support the
installation of a network of electrified parking spaces at selected interstate highway truck
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