EPA issues nationwide waiver of Recovery Act's 'Buy America' requirement

The EPA is hereby granting a nationwide waiver of the Buy America requirements of ARRA Section 1605 for eligible projects that solicited bids on or after October 1, 2008, and prior to February 17, 2009.

WASHINGTON, DC, June 2, 2009 -- [Federal Register] The EPA is hereby granting a nationwide waiver of the Buy America requirements of ARRA Section 1605 under the authority of Section 1605(b)(1) (public interest waiver) for eligible projects that solicited bids on or after October 1, 2008, and prior to February 17, 2009, the date of enactment of ARRA, and that did so in reasonable and prudent, specific anticipation of ARRA funding, or any other source of timely funding. This action permits the use of non-domestic iron, steel, and manufactured goods in such projects funded by ARRA that may otherwise be prohibited under section 1605(a).

DATES: Effective Date: May 22, 2009.

FOR FURTHER INFORMATION CONTACT: Jordan Dorfman, Attorney-Advisor, Office of Wastewater Management, (202) 564-0614, or Philip Metzger, Attorney-Advisor, Office of Ground Water and Drinking Water, (202) 564- 3776, Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c), the EPA hereby provides notice that it is granting a nationwide waiver of the requirements of section 1605(a) of Public Law 111-5, Buy American requirements, for eligible projects for which a Clean or Drinking Water State Revolving Fund will conclude or has concluded an assistance agreement using ARRA funds for projects that solicited bids on or after October 1, 2008 and prior to February 17, 2009.

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