Build America, Buy America (BABA) Act Waivers Open for Public Comment

• Build America, Buy America Act - Waiver Authority
• Waiver Review Process

Build America, Buy America Act - Waiver Authority

• Pursuant to Section 70914(c) of the Build America, Buy America Act, EPA may waive Buy America preference where EPA finds that:
  • Applying the domestic content procurement preference would be inconsistent with the public interest (a "public interest waiver");
  • Types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available commercial quantities or of a satisfactory quality (a "nonavailability waiver"); or
  • Inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (an "unreasonable cost waiver").

Waiver review process

• Waiver requests should follow guidance from the relevant program.
• Proposed general applicability waivers will be open for at least a 15-day public comment period.
• Proposed waivers that are specific to a project or a product will be open for a 15-day public comment period.
• Once the public comment period has closed, EPA will make a determination whether to approve the waiver.
• Waivers are reviewed by MIAO before EPA approves, signs, and posts the waiver to the "Proposed Waivers" and "Approved Waivers" pages.

The following waiver proposals are open for public comment: N/A

The following waiver proposals are closed for public comment. EPA is currently reviewing the waiver proposals:

• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of Build America, Buy America Act (BABA) Manufactured Products Requirements to the City of Baltimore for Compost Covers (pdf) (200.97 KB)
• Solicitation of Public Comment for Port of Philadelphia Ship to Shore Nonavailability Waiver (pdf) (2.93 MB)
• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of Build America, Buy America Act Requirements to the City of Vicksburg, Mississippi for Smart Water Meters (pdf) (926.78 KB)
• Solicitation of Public Comment for a Project-Specific Public Interest Waiver of Build America, Buy America Act Requirements to the City of Granite Falls, Washington (pdf) (773.2 KB)
• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of Build America, Buy America Act (BABA) Requirements to the Danville Sanitary District in Illinois for Vertical Inclined Ultraviolet Disinfection Equipment (CWSRF) (pdf) (722.67 KB)
• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of Build America, Buy America Act (BABA) Requirements to the Great Lakes Water Authority in Detroit, Michigan for Multiple Products (pdf) (3.12 MB)
• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of Build America, Buy America Act Requirements to the City of Saint Cloud in Minnesota for PVC and PVDF Coated Polyester Membrane Products (pdf) (1.76 MB)
• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of the Build America, Buy America Requirements for the City of Sauk Rapids, Minnesota for Filter Media for the Water Treatment Plant Capacity Upgrade Project (DWSRF) (pdf) (919.58 KB)
• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of Build America, Buy America Act Requirements to the Town of Newton in New Jersey for a Standby Generator (pdf) (1.61 MB)
• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of the Build America, Buy America Act Requirements for Barnstable, Massachusetts for UV Oxidation System and Generators (pdf) (1.2 MB)
• Solicitation of Public Comment for Proposed Extension of Manufactured Products Waiver of the General Applicability Public Interest Waiver to Indian Tribes (pdf) (121.48 KB)