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Water: Grants & Funding

State Revolving Fund American Iron and Steel Requirement

The "American Iron and Steel (AIS)" provision 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. This requirement is applicable to projects for the construction, alteration, maintenance, or repair of a public water system or treatment works.

The AIS provision is a permanent requirement for all CWSRF projects. The Consolidated and Further Continuing Appropriations Act of 2015 requires the use of AIS products in DWSRF projects through September 30, 2015. Please see the 'AIS Legal Authority' section below for more detailed information.

The appropriation language sets forth certain circumstances under which EPA may waive American Iron and Steel requirements. Please see the 'AIS Waivers' section below for more detailed information.

For further information on specific act requirements:

AIS Legal Authority

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.

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 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 December 16, 2014, the president signed Public Law 113-235, the "Consolidated and Further Continuing Appropriations Act 2015," which provides fiscal year 2015 full-year appropriations through September 30, 2015. This law continues 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 Consolidated and Further Continuing Appropriations Act 2015 (PDF) (1 pg, 208K, About PDF) 

AIS Waivers

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 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 EPA, the AIS requirement must be adhered to as described in the act.

A waiver may be provided if EPA determines that:

  1. applying these requirements would be inconsistent with the public interest;
  2. iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality;or
  3. inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.
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, 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 EPA. Comments on CWSRF waiver requests can be submitted to cwsrfwaiver@epa.gov. Comments on DWSRF waiver requests can be submitted to dwsrfwaiver@epa.gov. Waiver requests received and waivers approved by EPA are identified below.

Waiver Requests Received by EPA

Approved Waivers

(Product specific project waivers apply only to the specified product and proposed project referenced in the waiver. Any other project that wishes to use a similar product must apply for a separate waiver based on specific project circumstances)

Denied Waivers

AIS Training Materials

American Iron and Steel Requirement Training Materials

Contact

  • General inquiries and concerns regarding the American Iron and Steel requirement may be sent to: SRF_AIS@epa.gov. This includes specific questions and comments about products, projects, and availability.

  • Comments on CWSRF waiver requests can be submitted to cwsrfwaiver@epa.gov. Comments on DWSRF waiver requests can be submitted to dwsrfwaiver@epa.gov. Confidential Business Information (CBI) should not be submitted to these email boxes. 

If fraud, waste, abuse or any violation of the law is suspected, the Office of Inspector General (OIG) should be contacted immediately. The OIG can be reached at 1-888-546-8740 or OIG_Hotline@epa.gov. More information can be found at the OIG Hotline at: http://www.epa.gov/oig/hotline.htm.

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