EPA Releases BABA Implementation Guidance to States
On Nov. 7, 2022, the Environmental Protection Agency (EPA) released long-awaited guidance to state State Revolving Fund (SRF) Programs on how to implement the Buy America, Build America (BABA) Act for recipients of SRF and Bipartisan Infrastructure Law (BIL) Funding. BABA was a provision within the Infrastructure Investment and Jobs Act (IIJA) which got signed into law on Nov. 15, 2021 and has since then been referred to as the Bipartisan Infrastructure Law (BIL). BABA mandates that all federal funding for public infrastructure projects (not just SRF) use domestically sourced iron, steel, manufactured goods and construction materials.
BABA became effective on May 14, 2022 and since then, EPA has released an Adjustment Period Waiver (9-2-2022), a Small Project General Applicability Waiver (9-28-2022), and a De Minimis General Applicability Waiver (10-24-2022). The release of the BABA Implementation Guidance this week is the first written guidance the state SRF programs have been offered in developing processes and procedures for achieving compliance with this new federal funding provision.
The EPA will be offering a webinar to states and regional EPA offices next week and EPA training for SRF borrowers is anticipated to begin before the end of the calendar year. Additional guidance and training will be offered to SRF borrowers, consultants and contractors in the calendar year 2023.
The Implementation Guidance, EPA Waivers and more information on BABA can be found on EPA's BABA website.
Questions regarding BABA compliance can be directed to Amy Seyffer, SRF Compliance Specialist, at 515-321-7844 or email@example.com.