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    Overview

    The Build America, Buy America (BABA) Federal Act requires domestic content procurement preferences for infrastructure projects that are funded in whole or in part with federal financial assistance by the Pennsylvania Infrastructure Investment Authority (PENNVEST). Effective May 14, 2022, all federally funded infrastructure projects must use iron, steel, manufactured products, and construction materials produced in the United States, with the exception of de minimis items or items for which EPA has approved project specific waivers.

    EPA has approved the following general applicability waiver: The Build America, Buy America (BABA) Federal Act requires domestic content procurement preferences for infrastructure projects that are funded in whole or in part with federal financial assistance by the Pennsylvania Infrastructure Investment Authority (PENNVEST). Effective May 14, 2022, all federally funded infrastructure projects must use iron, steel, manufactured products, and construction materials produced in the United States, with the exception of de minimis items and items for which EPA has approved waivers..

    • De Minimis General Applicability Waiver: This covers non-BABA compliant iron and steel products, manufactured products and construction materials used in or incorporated into a project that cumulatively comprise no more than five (5) percent of the total project cost. The list may include iron and steel, manufactured products and/or construction materials known to have been produced outside the United States, items where it is unclear where the item was manufactured, and items too small in cost to be cost-effective to obtain a manufacturer’s certification. DEP has developed a De Minimis Product Template to help funding recipients track compliance with this requirement. No waiver application is necessary.

    A List of approved and pending general applicability waivers can be found at: https://www.epa.gov/cwsrf/build-america-buy-america-baba-approved-waivers

    In addition, project specific waivers may be used when adequately justified and approved by the EPA:

    • Public Interest Waiver: when meeting the waiver requirements may be inconsistent with the public interest. 
    • Non-availability Waiver: when iron, steel, manufactured products, and construction materials are not produced or available in the United States in sufficient or reasonably available quantity.
    • Unreasonable Cost Waiver: when iron, steel, manufactured products, and construction materials will increase the cost of the project by more than 25 percent.

    All waiver requests must be submitted to (RA-EPBABA@pa.gov) for review. DEP will submit the request to EPA. Ultimate approval of waiver requests will be determined by EPA.
     

    Contact Us

    For further information contact:

    Dharmendra Kumar, P.E.
    Municipal Finance Section
    Division of Municipal Facilities
    P.O. Box 8774
    Harrisburg, PA 17105-8774
    Email:  RA-EPBABA@pa.gov
    Phone: 717-772-3377