[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Page 3107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01082]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9434-01-OMS]
Report on Environmental Protection Agency Federal Financial
Assistance Infrastructure Programs Subject to the Build America, Buy
America Act Provisions of the Infrastructure Investment and Jobs Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) is publishing a
report on EPA Federal financial assistance infrastructure programs
subject to the Build America, Buy America Act Provisions of the
Infrastructure Investment and Jobs Act (EPA BABAA Report). This report
is available at https://www.epa.gov/grants/epas-identification-federal-financial-assistance-infrastructure-programs-subject-build and will be
updated as additional information becomes available. Members of the
public who are unable to access the EPA BABAA Report at https://www.epa.gov/grants/epas-identification-federal-financial-assistance-infrastructure-programs-subject-build may request a copy of the most
current version of the report from EPA's Information Contact identified
below.
DATES: The EPA BABAA Report will be available to the public on January
21, 2022.
FOR FURTHER INFORMATION CONTACT: EPA's National Policy Training and
Compliance Division (Attention: Suzanne Hersh) at
[email protected] or (202) 564-3361.
SUPPLEMENTARY INFORMATION: Consistent with the policy direction of
Executive Order 14005: Ensuring the Future is Made in All of America By
All of America's Workers, Title IX of Infrastructure Investment and
Jobs Act (IIJA): Build America, Buy America Act (BABAA) imposes new,
government-wide domestic content procurement preference requirements on
all federally-funded infrastructure projects--whether or not funded
through IIJA. Section 70913(a) of IIJA requires each agency covered by
BABAA to submit a report to the Office of Management and Budget (OMB)
and Congress that will be published in the Federal Register. As
provided in section 70913(b) of IIJA this report must:
(1) Identify all domestic content procurement preferences
applicable to EPA's Federal financial assistance programs for
infrastructure.
(2) Assess the applicability of domestic content procurement
preference requirements in certain specified statutes of which section
603 of the Federal Water Pollution Control Act (33 U.S.C. 1388),
section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(4)) and section 5035 of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3914) are applicable to EPA.
(3) Assess the applicability of any other domestic content
procurement preference requirement included in an appropriations Act or
other Federal laws (including regulations) to an EPA Federal financial
assistance program for infrastructure.
(4) Provide details on any domestic content procurement preference
requirement applicable to an EPA Federal financial assistance program
for infrastructure, including the purpose, scope, applicability, and
any exceptions and waivers issued under the requirement.
(5) Include a description of the type of infrastructure projects
that receive funding under the program, including information relating
to--
(A) the number of entities that are participating in the program;
(B) the amount of Federal funds that are made available for the
program for each fiscal year; and
(C) any other information EPA's Administrator determines to be
relevant.
Section 70913(c) of IIJA requires that the report include a list of
``Deficient Programs'' which identifies EPA's financial assistance
programs for infrastructure (as defined in section 70912(5) of IIJA)
for which a domestic content procurement preference requirement does
not apply in a manner consistent with section 70914 of IIJA or is
subject to a waiver of general applicability not limited to the use of
specific products for use in a specific project. Section 70914
generally requires that all the iron, steel, manufactured products, and
construction materials used in projects receiving EPA financial
assistance for infrastructure be produced in the United States unless
EPA provides a waiver of the requirement or application of the
requirement would be inconsistent with the United States' obligations
under international agreements.
The EPA BABA Report available at https://www.epa.gov/grants/epas-identification-federal-financial-assistance-infrastructure-programs-subject-build meets the requirements of section 70913 but will be
updated as additional information becomes available.
Lynnann Hitchens,
Acting Principal Deputy Assistant Administrator, Office of Mission
Support.
[FR Doc. 2022-01082 Filed 1-19-22; 8:45 am]
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