EPA posted an approved, project-specific nonavailability waiver under BABA for a drinking water project (City of Iuka, Kansas). The decision memo documents EPA’s determination that compliant domestic products were not available to meet project technical specifications, allowing procurement/use of non-BABA-compliant point-of-use reverse osmosis treatment units for that project only. Compliance teams supporting EPA-funded water infrastructure should track this waiver as it illustrates required waiver justification elements and reinforces that such waivers are limited in scope to the named project and timeframe stated in the decision memo.
EPA’s Office of Transportation and Air Quality (OTAQ) issued an updated BABA Implementation Procedures document (FAQ/memo format) for OTAQ federal financial assistance programs (including DERA, Clean School Bus, Clean Ports, and Clean Heavy-Duty Vehicles). The update provides program-specific interpretive guidance on BABA applicability and scope (including Purpose-Time-Place concepts), covered product category definitions (iron/steel vs. manufactured products vs. construction materials), compliance documentation/recordkeeping expectations, and waiver usage pathways. The memo includes clarifications relevant to infrastructure vs. rolling stock/equipment (e.g., it states BABA applies to clean/zero-emission school bus infrastructure but not to the bus itself), supporting recipient/contractor specification writing and audit readiness.
FHWA published a final rule amending its Buy America regulation for Federal-aid highway projects (23 CFR 635.410) to terminate the longstanding general waiver for manufactured products and establish standards for when manufactured products are considered produced in the United States. The rule provides a phased approach tied to project obligation dates (including a U.S. final assembly requirement starting for projects obligated on/after October 1, 2025, and a 55% domestic component cost requirement for projects obligated on/after October 1, 2026). This change is directly relevant to BABA-aligned domestic preference compliance for highway construction supply chains and contract specifications.