Water: Grants & Funding
State Revolving Fund American Iron and Steel Requirement
The Consolidated Appropriations Act of 2014 (Public Law 113-76) includes an "American Iron and Steel (AIS)" requirement that requires Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) assistance recipients to use iron and steel products that are produced in the United States for projects for the construction, alteration, maintenance, or repair of a public water system or treatment works if the project is funded through an assistance agreement executed beginning January 17, 2014 (enactment of the Act), through the end of Fiscal Year 2014. The appropriation language sets forth certain circumstances under which EPA may waive American Iron and Steel requirements. Furthermore, the act exempts projects where engineering specifications and plans were approved by a state agency prior to January 17, 2014. For further information on specific act requirements:
- American Iron and Steel Requirement Guidance (March 20, 2014) (PDF) (20 pp, 619K, About PDF)
- Questions and Answers Part 1: Valves and Hydrants (May 30, 2014) (PDF) (2 pp, 119K, About PDF)
- Questions and Answers Part 2: Products, Projects and Process (September 10, 2014) (PDF) (7 pp, 237K, About PDF)
General inquiries and concerns regarding the American Iron and Steel requirement may be sent to: SRF_AIS@epa.gov (SRF_AIS@epa.gov). This includes specific questions and comments about products, projects, and availability; however, waiver requests and comments regarding waivers must go to the email addresses provided below. Confidential Business Information (CBI) should not be submitted to this email box.
On June 10 2014, the Water Resources Reform and Development Act amended the Clean Water Act (CWA) to include permanent requirements for the use of American Iron and Steel (AIS) in Clean Water State Revolving Fund (CWSRF) projects. Section 608 of the CWA now contains requirements for AIS that repeat those of the Consolidated Appropriations Act of FY 2014. As such, all CWSRF projects must comply with Section 608 of the CWA for implementation of the permanent AIS requirements. Therefore, all guidances adopted for FY 2014 apply for the permanent AIS requirements for the CWSRF.
On September 19, 2014, the President signed H.J. Res. 124, the "Continuing Appropriations Resolution, 2015," providing fiscal year 2015 appropriations for continuing projects and activities of the federal government through December 11, 2014. This law extends the requirement for the use of American Iron and Steel products in DWSRF projects. Details are provided in the memorandum: Application of American Iron and Steel Requirements to Fiscal Year 2015 Drinking Water State Revolving Funds Under the Continuing Resolution Signed September 19, 2014 (PDF). (1 pg, 761K, About PDF)
Comment and Review Process for American Iron and Steel Waiver Requests
Each local entity that receives CWSRF and/or DWSRF water infrastructure financial assistance is required by section 436 of the Consolidated Appropriations Act of 2014 to use American made iron and steel products in the construction of its project. However, if the recipient can justify a claim made under one of the categories below, a waiver may be granted. Until a waiver is granted by the EPA, the AIS requirement must be adhered to as described in the act.
A waiver may be provided if EPA determines that;
- applying these requirements would be inconsistent with the public interest;
- iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
- inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.
The EPA's guidance on AIS requirements includes specific instructions for communities interested in applying for a waiver. After receiving a complete application for a waiver, the EPA will publish the waiver request and all material submitted with the application on this website for 15 days. During that period, the public will have the opportunity to review the request and provide informal comment to the EPA.
Comments on CWSRF waiver requests can be submitted to email@example.com. Comments on DWSRF waiver requests can be submitted to firstname.lastname@example.org. Waiver requests received and waivers approved by EPA are identified below.
American Iron and Steel Requirement Training Materials
- American Iron and Steel Requirement Webinar (PDF) (50 pp, 2.7MB, About PDF) The webinar discusses how to implement the requirement, project coverage, the waiver request process and the national waivers.
Waiver Requests Received by EPA
- Comments due by November 20, 2014: Request for a waiver extension for California emergency drought projects (PDF) (1 pg, 56K, About PDF)
- Comments due by November 28, 2014: Utah DWSRF project specific waiver request for three products (PDF) (26pp, 1.2MB, About PDF)
- Comments due by December 5, 2014: Tapped Mechanical Joint Wall Sleeve Waiver Request for Williston, North Dakota (PDF) (1 pg, 90K, About PDF)
- Nationwide waiver pursuant to Section 436 of P.L. 113-76, Consolidated Appropriations Act (CAA) (April 15, 2014) (PDF) (2 pp, 634K, About PDF)
- De Minimis waiver pursuant to Section 436 of P.L. 113-76, Consolidated Appropriations Act (CAA) (April 15, 2014) (PDF) (3 pp, 840K, About PDF)
- California emergency drought projects waiver pursuant to Section 436 of P.L. 113-76, Consolidated Appropriations Act (August 18, 2014) (3 pp, 828K, About PDF)
- Public interest waiver request for DWSRF Emergency Generator Projects in Connecticut (PDF) (4 pp, 523K, About PDF)
While EPA understands the urgency to complete these critical projects and at the same time not unduly burden communities for these low cost projects, the major iron and steel products needed for these projects are readily available in the U.S. Therefore, EPA is not approving this waiver request.
- DRAFT Short-Term National Product Waiver for Stainless Steel Nuts and Bolts used in Pipe Couplings, Restraints, Joints, Flanges, and Saddles (PDF) (2 pp, 133K, About PDF)
The Short-Term National Product Waiver for Stainless Steel Nuts and Bolts was posted as DRAFT on October 14, 2014, for a 15-day comment period. The 15-day comment period is now closed.