Build America, Buy America (BABA) Approved Waivers

Approved Public Interest / General Applicability Waivers

• Public Interest General Applicability Waiver of Section 70914(a) of P. L. 117-58, Build America, Buy America Act, 2021 for U.S. Environmental Protection Agency Financial Assistance Awards under the Clean Ports Program (pdf) (481.84 KB)
• Amended Public Interest Waiver of Section 70914(a) of P.L. 117-58, Build America, Buy America Act, 2021 for State Revolving Fund and Water Infrastructure Projects that Initiated Design Planning prior to May 14, 2022 (pdf) (364.49 KB)
• EPA Electronic Vehicle Chargers Product Waiver of Section 70914(a) of P. L. 117-58, Build America, Buy America Act (pdf) (2.58 MB)
• Pacific Island Territories Public Interest General Applicability Waiver of Build America, Buy America Act (pdf) (7.38 MB)
• EPA De Minimis General Applicability Waiver of Section 70914 of P.L. 117-58, Build America, Buy America Act (pdf) (2.92 MB)
• EPA Small Project General Applicability Waiver of Section 70914(a) of P.L. 117-58, Build America, Buy America Act (pdf) (1.38 MB)
• Adjustment Period Waiver of Section 70914(a) of P.L. 117-58, Build America, Buy America Act, 2021 for SRF Projects that have Initiated Design Planning (pdf) (308.61 KB)
• WIFIA Program Waiver of Section 70914(a) of P.L. 117-58, Buy America, Build America Act, 2021 for Projects in Design Planning (pdf) (289.48 KB)
• Minor (Ferrous) Components of Iron and Steel Products Public Interest, General Applicability Waiver of Section 70914(a) of P.L. 117-58, Build America, Buy America Act, 2021 for U.S. Environmental Protection Agency Financial Assistance Awards (pdf) (1.67 MB)

Approved Project-Specific Waivers

• Project-Specific Public Interest Waiver of Build America, Buy America Act Requirements to the Milwaukee Metropolitan Sewerage District in Wisconsin for the Aeration System Upgrade Project at the South Shore Water Reclamation Facility (pdf) (221.35 KB)
• Project-Specific Nonavailability Waiver of Build America, Buy America Act Requirements to the McLean Sheridan Rural Water District in North Dakota, for Split-System Air Conditioners, Motor Control Centers, and Panelboards (pdf) (2.13 MB)
• Project-Specific Nonavailability Waiver of Build America, Buy America Act Requirements to the North Unit Irrigation District in Oregon, for Reinforced Polyethylene Liner (pdf) (221.65 KB)
• Project-Specific Nonavailability Waiver of Build America, Buy America Act Requirements to the Gun Lake Tribe in Michigan, for Aerobic Digester (pdf) (237.18 KB)

Awards Prior to Six-Month Adjustment Period Waiver

Question: If an assistance recipient was awarded EPA funding for an infrastructure project on or after May 14, 2022, but before the six-month adjustment period waiver was approved, would the project be subject to Build America, Buy America Act requirements?

Answer: It depends. If the assistance recipient of EPA funding for the project has not 'expended' EPA funds (outlaid applicable Build America, Buy America infrastructure project costs) prior to waiver approval, then the project is covered by the waiver provided it meets the terms of the waiver. However, if an assistance recipient did expend these funds prior to the waiver approval, the infrastructure project is subject to Build America, Buy America requirements.

• For projects funded before March 2, 2023: Temporary Public Interest Waiver of Section 70914 of P.L. 117-58, Build America, Buy America Act, 2021 for Selected EPA Funding Programs (pdf) (261.29 KB)
• For projects funded before March 2, 2023: Adjustment Period Waiver of Section 70914(a) of P.L. 117-58, Build America, Buy America Act, 2021 for Brownfields and Superfund Cooperative Agreements (pdf) (407.71 KB)
• Clean School Bus Program Adjustment Period Waiver of Section 70914 (a) P.L. 117-58, Buy America, Build America (BABA) (pdf) (214.13 KB)