ANNOUNCED AS TEMPORARYNo
Public procurement localisation
Title VI of the Clean Water Act provides for a State Water Pollution Control Revolving Funds under which state and local governments may receive funding for various environmental purposes (e.g., the construction, repair, or replacement of decentralized wastewater treatment systems). The law provides that these funds “may not be used for a project for the construction, alteration, maintenance, or repair of treatment works unless all of the iron and steel products used in the project are produced in the United States.” The law further defines the term “iron and steel products” as “the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, construction materials.” It further provides that the administrator of the Environmental Protection Agency (EPA) may waive this requirement. In some years, the Buy American requirements and/or the waiver authorities are modified by the specific terms of appropriations laws.
In a Decision Memorandum dated February 18, 2015, the EPA granted a national product waiver permitting the use of pig iron and direct reduced iron manufactured outside of the United States in domestic manufacturing processes for iron and steel products used in projects funded by a Clean Water or Drinking Water State Revolving Fund. The waiver did not identify any expiration date.
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