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EPA Waiving 'Buy American' Rule for Recovery Act Funding

The EPA announced on Monday, Aug. 10, 2009, it is granting a nationwide waiver of the Buy American requirements of the Recovery Act stimulus bill for water projects. The waiver is being granted under the de minimis clause for incidental components of eligible water infrastructure projects funded by the act.

The action, published in the Federal Register, revises the terms under which incidental components qualify for coverage under the public interest de minimis waiver signed and effective on May 22, 2009, and permits the use of non-domestic iron, steel, and manufactured goods when they occur in de minimis incidental components of such projects funded by the act that may otherwise be prohibited under section 1605(a).

The effective date was listed as July 24, 2009.

The waiver will define the de minimis level at the point which such components cumulatively comprise no more than a total of 5 percent of the total cost of the materials used in and incorporated into a project.

The reasoning behind the waiver was made in the notice, available below.

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