Build America, Buy America (BABA) Act Waivers Open for Public Comment
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.
Proposed Extension of Manufactured Products Waiver of the General Applicability Public Interest Waiver to Indian Tribes
This is proposing to issue an extension of the manufactured products element of the general applicability joint public interest waiver to Indian Tribes. This extension would continue to waive the manufactured products requirement of section 70914 of the Build America, Buy America Act included in the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) for Federal Financial Assistance agreements awarded to Indian Tribes through December 31, 2026.
- Comment period closes October 4, 2026:
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) Requirements to the Danville Sanitary District in Illinois for Vertical Inclined Ultraviolet Disinfection Equipment (CWSRF) (pdf)
- 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)
- 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)
- Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of Build America, Buy America Act Requirements for South Huntington, New York, Water District for Advanced Oxidation Process (AOP) Chambers and Accessories (pdf)
- 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)
- 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)
If fraud, waste, abuse or any violation of the law is suspected, the Office of Inspector General (OIG) should be contacted immediately. The OIG can be reached at 1-888-546-8740 or OIG_Hotline@epa.gov. More information can be found at the OIG Hotline website.