ASDWA Submits Comments on Build America Buy America Waiver

This week, ASDWA submitted comments on EPA’s recently proposed six-month “adjustment period waiver” for the requirements under Build America, Buy America (BABA) for selected water infrastructure and water resources protection programs. ASDWA recommended that EPA extend similar adjustment period waivers across all water infrastructure programs to ensure consistency and clarity for both applicants and States.

Additional recommendations included the following:

• EPA should provide additional waivers for BABA requirements, in limited circumstances, for the BIL funds moving through the drinking water state revolving fund (DWSRF) programs.
• ASDWA recommends that EPA use a population cutoff for projects to qualify for these waivers and recommends that the Agency consider a 10,000-population threshold for these waivers.
• ASDWA has interpreted that the BABA requirements would only apply to projects that utilize the federal cap grant funds and not the additional leveraged DWSRF funds. ASDWA supports this application of BABA but recommends EPA give a more explicit explanation as to what funds must comply with the BABA requirements.
• ASDWA also recommends that EPA consider similar waivers for the Davis-Bacon (DB) Act requirements.

For more information on the BABA waivers, click here.