On August 18, 2022, WWEMA-member Water & Wastes Digest released its podcast interview with WWEMA Executive Director, Vanessa Leiby titled What you should know about Build America, Buy America. In the interview, Leiby provided some brief background about the new domestic preference requirements contained in Bipartisan Infrastructure Law (BIL) and a status update including explaining that the April 18, 2022 implementation guidance from the Office of Management of Budget’s Made In America Office (MIAO) primarily restated the law and added some additional caveats around the use of waivers, but it did not answer many key questions including how the cost of manufactured products is to be calculated, tracked, and certified. She noted the MIAO office then shared this document with EPA and other implementing Federal agencies to further develop their specific procedures. Leiby indicated that EPA is expected to issue a more detailed interpretation Question & Answer document that will address some of the many questions regarding this law’s interpretation; however, the MIAO has retained the responsibility of developing the guidance for manufactured products and construction materials and that guidance is not expected until the fall. WWEMA has been active in dialoging with senior staff at EPA and the MIAO office to ensure that impacts to our sector, particularly to technology manufacturers are fully heard and understood. Leiby noted the whole-of-government approach the MIAO is taking is a large part of the delay as OMB seeks to coordinate a ‘one-size-fits-all’ approach to a wide variety of Federally funded projects with various complexity, components, and planning timelines. A copy of the full interview can be viewed HERE.
