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U.S. EPA Finalizes Buy America Waivers for State Revolving Fund and Selected Other Programs

Date: September 02, 2022

Today the U.S. Environmental Protection Agency (U.S. EPA) finalized Build America, Buy America provision waivers for the State Revolving Fund (SRF) programs and selected other U.S. EPA programs. The finalized SRF waiver covers projects that initiated project design prior to May 14, 2022. The proposed eligibility criteria previously required submission of engineering plans and specifications prior to May 14. This adjustment reflects the recommendations that WateReuse made for the proposed waiver. The update more accurately reflects the labor and design costs associated with project development prior to application for SRF and supports the pipeline of essential water projects under the program. The approval and documentation of projects that have initiated project design by May 14 will be done by state level agencies. Under the finalized waiver for other selected U.S. EPA programs, the Buy America requirements will be waived for projects that have funds obligated over the next six months, beginning with the finalized waiver date of September 2, 2022. The U.S. EPA decided to not apply this waiver to projects within the waiver gap from May 14 to September 2 and has chosen to address those projects on a case-by-case basis. WateReuse remains engaged with the U.S. EPA throughout the implementation of the Infrastructure Investment and Jobs Act and will continue to report on Buy America waivers. If you have any questions regarding program waivers, please contact Aliza Furneaux.

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