[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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