Build America, Buy America (BABA) 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 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.
• General Applicability waivers will be open for at least a 15-day public comment period.
• 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 "Approved Waivers" website.

There are currently no waiver proposals available for public comment.

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

• Solicitation of Public Comment (SPC) for a Project-Specific Nonavailability Waiver of the Build America, Buy America Act (BABA) Manufactured Products Requirements for the County of Hawaii, HI (pdf) (648.67 KB)
• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of Build America, Buy America Act (BABA) Requirements to the Township of Bedminster, New Jersey for a Pump Control System and Submersible Sewage Pumps (pdf) (1.39 MB)
• 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 the Build America, Buy America Act Manufactured Products Requirements for Snoqualmie Pass Utility District, Washington (pdf) (1.27 MB)
• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of the Build America, Buy America Act Requirements for Clark County Water Reclamation District, Nevada for a Triple Quadrupole Liquid Chromatographer/Mass Spectromet (pdf) (352.8 KB)
• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of the Build America, Buy America Act Requirements for the Pittsburgh Water and Sewer Authority, Pennsylvania (DWSRF) (pdf) (10.26 MB)
• Project-Specific Nonavailability Waiver of Build America, Buy America Act Requirements to the Hawaii Department of Water Supply Holualoa Deepwell Repair for Submersible Pump and Motor Assemblies, Hawaii (pdf) (2.45 MB)
• Project-Specific Nonavailability Waiver of Build America, Buy America Act Requirements to the City of Pomeroy, Washington for the High Pressure Zone Booster Station Project for Multistage Pumps, Flow Meters, Pressure Transmitters, and Pressure Switches (pdf) (1.5 MB)
• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of the Build America, Buy America Act Requirements for the Municipality of Arecibo, Puerto Rico (DWSRF) (pdf) (1.13 MB)
• Project-Specific Nonavailability Waiver of Build America, Buy America Act Requirements to the Hawaii Department of Water Supply Kulaimano Emergency Well Repair, Hawaii (pdf) (2.49 MB)
• Solicitation of Public Comment for a Project-Specific Nonavailability Waiver of the Build America, Buy America Act for Multiparameter Monitoring Probes for the City of Cozad, Nebraska (CWSRF) (pdf) (1.33 MB)