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EPA Issues Second Buy America Waiver for ARRA Projects

The U.S. Environmental Protection Agency (EPA) has issued a di minimus waiver for Buy American requirements contained in American Recovery and Reinvestment Act.  This is the second Buy American waiver issued by EPA; the first national waiver applied to projects eligible for re-financing, or projects which were awarded in anticipation of stimulus funding between October 1, 2008 and February 17, 2009.  This nationwide waiver can be applied to materials or components which constitute five percent (5%) or less of the total cost of materials incorporated into a water infrastructure project funded by the ARRA through EPA's Clean Water and Drinking Water State Revolving Loan (SRF) programs.  This waiver was deemed to be in the public interest by the EPA in order to ensure that ARRA-funded projects proceed within the timelines established in the legislation while meeting the ultimate goal of the stimulus' infrastructure component of creating and sustaining jobs and investing in our infrastructure. AGC's efforts were critical in educating the EPA about the complexity and components of typical water infrastructure projects, such as treatment plants or pipe replacement and rehabilitation projects.  AGC has been particularly concerned about Buy American requirements exposing members to unnecessary liability, particularly for smaller items which are not typically manufactured in the United States, such as some ductile iron pipe fittings, flanges, valves and other necessary items. To download a copy of the 6-page EPA document click here. For additional information contact Perry L. Fowler at fowlerp@agc.org or (703) 837-5321.