WASHINGTON — The US Environmental Protection Agency (EPA) has granted a nationwide waiver that dilutes somewhat the “Buy American” requirements for water projects, as originally set down in the American Recovery and Reinvestment Act of 2009 (ARRA), or economic stimulus program.

The waiver was given for “de minimis incidental components” of eligible water infrastructure projects funded by the ARRA, according to the EPA’s report of its publication of the notice in the August 10 Federal Register. Components granted waivers can, according to EPA, “cumulatively comprise no more than a total of 5 percent of the total cost of the materials used in and incorporated into a project.”

Projects that could be affected by the waiver are those receiving stimulus funds for state clean water or drinking water state revolving funds. Those funds are used to assist construction of drinking water or wastewater treatment plants or distribution systems.

EPA said it “is not in the public interest” to impose ARRA’s Buy American requirements, as outlined in Section 1605 of the stimulus law, for the de minimis (minor, or small-scale) components.

Seeking to further describe such components, EPA said every water infrastructure project involves the use of “thousands of miscellaneous, generally low-cost components that are essential for, but incidental to, the construction and are incorporated into the physical structure of the project, such as nuts, bolts, other fasteners, tubing, gaskets, etc.”

EPA said in the notice that for many of the incidental components, “the country of manufacture and the availability of alternatives is not always readily or reasonably identifiable prior to procurement in the normal course of business; for other incidental components, the country of manufacture may be known but the miscellaneous character in conjunction with the low cost, individually and (in total) as typically procured in bulk, mark them as properly incidental.”

The action, effective July 24, revises the terms under which certain components were originally granted a waiver on May 22.

To access the Federal Register notice through EPA, click here.

For related information, click here.