Use of American Iron and Steel
The Bipartisan Infrastructure Law (BIL), also known as the Infrastructure and Investments and Jobs Act (IIJA), was signed by President Biden on November 15, 2021. Division G of the BIL includes a Build America Buy America Act (BABAA) provision that will expand the current American Iron and Steel provisions within the DWSRF and include a domestic preference requirement for “manufactured goods”. The new BABAA requirement will become effective 180 days from the November 15, 2021 signing of the BIL and will apply to all DWSRF funding from that point forward. EPA is also currently working on implementation guidance for BABAA and this guidance will be provided as soon as it becomes available.
On January 17, 2014, the Federal Fiscal Year (FFY) 2014 Consolidated Appropriations Act (CAA) (H.R. 3547) was enacted as Public Law (P.L.) 113-76. This act includes a “Use of American Iron and Steel” (AIS) provision, requiring iron and steel products used in DWSRF-funded projects to be produced in the United States. The EPA has issued guidance clarifying how requirements will be implemented and how compliance will be documented.
The EPA has also issued two national public interest waivers that are currently posted on the EPA AIS website. One is for de minimis incidental components of eligible infrastructure projects that comprise no more than a total of 5% of the total cost of materials used in and incorporated into a project, and the cost of an individual item cannot exceed 1% of the total cost of materials used in and incorporated into the project. The other is for projects whose engineering plans and specifications were submitted to the State prior to and including January 17, 2014 and approved prior to April 15, 2014.
Additional waivers may be requested by states or proposed by EPA. Please visit the EPA AIS website for the most current information.
The guidance also includes a process for requesting project-specific waivers, should one be needed. Our staff will work with you as necessary to address your project’s compliance with AIS requirements. If you have any questions, or expect that any project-specific waivers may be necessary for all or part of your project, please contact a DWSRF Program representative at (860) 509-7333. Please refer to the links below for additional information.
- EPA American Iron & Steel website
- October 28, 2014 EPA FFY 2015 AIS Memo
- March 25, 2014 DPH AIS Memo
- March 20, 2014 EPA AIS Memo and Implementation Guidance
- EPA National Waiver for Approved Engineering Plans and Specifications
- EPA National Waiver for use of De Minimum Components
- DWSRF AIS De Mininis On-Going Tracking Form
- DWSRF AIS De Minimis Final Report Form
- EPGP Important Information for Contractors
- EPGP AIS Certification of Compliance
- June 13, 2016 AIS Training by USEPA – Newington, CT