Questions about BABA?
What is Build America, Buy America? – Fact Sheet provided by OMB Made in America Office:
https://nsf-gov-resources.nsf.gov/2022-08/Build%20America%20Buy%20America%20Factsheet%20and%20FAQs%20for%20Award%20Recipients.pdf
Build America, Buy America (BABA) Act
- On November 15, 2021, President Joseph R. Biden Jr. signed into law the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52. The Act strengthens Made in America Laws and will bolster America’s industrial base, protect national security, and support high-paying jobs. The Act requires that no later than May 14, 2022—180 days after the enactment of the IIJA—the head of each covered Federal agency shall ensure that “none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” (Build America, Buy America Act, P.L. 117-58, Secs 70911 – 70917.
- The Office of Management and Budget’s (OMB) Made in America Office released its additional guidance for implementing the Build America, Buy America Act, 2 CFR 184, on August 23, 2023. The new guidance is effective on October 23, 2023.
- On October 25, 2023, the Office of Management and Budget’s (OMB) Made in America Office released its final guidance for implementing the Build America, Buy America Act (pdf) (317.6 KB).
EPA Frequently Asked Questions about BABA – https://www.fema.gov/fact-sheet/build-america-buy-america-act-frequently-asked-questions-faqs
What does the BABA Act require?
The BABA Act requires that materials used to build government-funded infrastructure projects, like roads and bridges, are made in the United States. This includes raw materials, manufacturing processes, and construction materials.
What types of infrastructure are covered?
The BABA Act applies to projects with public functions, such as roads, bridges, public transportation, dams, ports, railroads, airports, water systems, and electrical transmission facilities.
What is not covered?
The BABA Act does not apply to items that are temporary or not permanently affixed to the structure. This includes tools, equipment, and supplies that are brought to the site and removed before the project is complete. It also does not apply to equipment and furnishings that are used within the finished project but are not an integral part of it.
How can I verify a product’s country of origin?
You can contact the product’s manufacturer, distributors, and suppliers to determine the country of origin. Trade associations may also be able to help.
Waiver Requests:
- EPA Waiver of the Build America, Buy America Act for South Adams County, CO Water and Sanitation District:
The US EPA is reviewing a waiver request submitted by the Colorado Department of Public Health and the Environment on behalf of the South Adams County, CO Water and Sanitation District for the following items:
Medium voltage accessories – NAICS: 423610
Variable frequency motor controllers – NAICS: 334513
Power actuated valve actuators – NAICS: 335314
Flow measurement – NAICS: 334513
Pressure measurement – NAICS: 334513
Temperature measurement – NAICS: 334513
Ion exchange system – NAICS: 221310
The EPA is bringing this waiver request to your attention and asks that you review the submission at the following link: https://www.epa.gov/system/files/documents/2024-10/sacwsd-baba-nonavailability-waiver-spc-form.pdf . The EPA requests that if you have any comments to be considered, please submit them by replying to BABA-OW@epa.gov before October 22, 2024 (Public Comment Close Date). - US EPA AIS Waiver Request for Charlotte County, FL -The US EPA is reviewing a waiver request submitted by the Florida Department of Environmental Protection on behalf of Charlotte County, FL for knife gate valves. The EPA is bringing this waiver request to your attention and asks that you review the submission at the following link:
https://www.epa.gov/system/files/documents/2024-10/charlotte-county-east-port-expansion_ais-waiver-request-knife-gate-valve.pdf
The EPA requests that if you have any comments to be considered, please submit them by replying to CWSRFWaiver@epa.gov before October 18, 2024 (Public Comment Close Date).
Concerned about PFAS?
Per- and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals that includes PFOA, PFOS, GenX, and many other chemicals. PFAS have been manufactured and used in a variety of industries around the globe, including in the United States since the 1940s. PFOA and PFOS have been the most extensively produced and studied of these chemicals. Both chemicals are very persistent in the environment and in the human body – meaning they don’t break down and they can accumulate over time. There is evidence that exposure to PFAS can lead to adverse human health effects.
PFAS can be found in:
- Food packaged in PFAS-containing materials, processed with equipment that used PFAS, or grown in PFAS-contaminated soil or water.
- Commercial household products, including stain- and water-repellent fabrics, nonstick products (e.g., Teflon), polishes, waxes, paints, cleaning products, and fire-fighting foams (a major source of groundwater contamination at airports and military bases where firefighting training occurs).
- Workplace, including production facilities or industries (e.g., chrome plating, electronics manufacturing or oil recovery) that use PFAS.
- Drinking water, typically localized and associated with a specific facility (e.g., manufacturer, landfill, wastewater treatment plant, firefighter training facility).
- Living organisms, including fish, animals and humans, where PFAS have the ability to build up and persist over time.
Certain PFAS chemicals are no longer manufactured in the United States as a result of phase outs including the PFOA Stewardship Program in which eight major chemical manufacturers agreed to eliminate the use of PFOA and PFOA-related chemicals in their products and as emissions from their facilities. Although PFOA and PFOS are no longer manufactured in the United States, they are still produced internationally and can be imported into the United States in consumer goods such as carpet, leather and apparel, textiles, paper and packaging, coatings, rubber and plastics.
WWEMA PFAS Liability Letter sent to Congress on behalf of WWEMA Members – WWEMA-PFAS Liability Letter-Senate-9-24-24
Biden-Harris Administration Finalizes First-Ever National Drinking Water Standard to Protect 100M People from PFAS Pollution
As part of the Administration’s commitment to combating PFAS pollution, EPA announces $1B investment through President Biden’s Investing in America agenda to address PFAS in drinking water: https://www.epa.gov/newsreleases/biden-harris-administration-finalizes-first-ever-national-drinking-water-standard#:~:text=Exposure%20to%20PFAS%20has%20been%20linked%20to
PFAS Fact Sheet – https://www.epa.gov/pfas
Key EPA Actions to Address PFAS –https://www.epa.gov/pfas/key-epa-actions-address-pfas
EPA’s PFAS Strategic Roadmap – https://www.epa.gov/pfas/pfas-strategic-roadmap-epas-commitments-action-2021-2024
EPA Press Releases related to PFAS – https://www.epa.gov/pfas/press-releases-related-pfas
U.S. State Resources about PFAS – https://www.epa.gov/pfas/us-state-resources-about-pfas