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Clean Water Current

NACWA Continues to Provide EPA Feedback on BABAA Waivers

Aug 3, 2022

Last week, NACWA provided comments on the latest draft Build America, Buy America Act (BABAA) waiver released by U.S. EPA. This latest waiver covers selected smaller programs offered by U.S. EPA Office of Water, including earmarks.

The waiver would delay enactment of BABAA requirements from six months from its date of signing, under a “transitional adjustment period”. After that time, BABAA requirements would go into effect unless an extension is granted.

In its comments, NACWA supported the six-month adjustment period but urged that EPA consider extending it in the future – particularly if detailed BABAA compliance guidance is not quickly provided to the clean water sector to help utilities and manufacturers prepare – and urged the Agency to grandfather in projects for which design and engineering began prior to BABAA enactment.

The Association also had good discussion and opportunity for Q&A related to BABAA during last week's Utility Leadership Conference in Seattle. Several key staff from the U.S. EPA Office of Water were in attendance and spoke on session panels. Encouragingly, EPA indicated that they are revising their draft BABAA waiver for the State Revolving Funds (SRFs), with which NACWA and the water sector more broadly all have voiced significant concerns. We look forward to seeing a finalized waiver for the SRFs soon.

Please contact Kristina Surfus, NACWA’s Managing Director of Government Affairs, with any questions or to discuss further.

 

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