Build America, Buy America (BABA) Approved Waivers
All BABA waivers approved by EPA are on this page. Waivers must be approved by EPA before they can be used by EPA financial assistance recipients. Waivers approved by other federal agencies do not satisfy BABA requirements for EPA-funded projects, unless it is a joint waiver with the EPA in which the EPA has signed the waiver. While all waivers expire, they can still be used by projects funded while they were active.
- Approved General Applicability Waivers
- Approved Project-specific Waivers
- Adjustment Period Waivers
- Awards Prior to Six-Month Adjustment Period Waiver
Approved General Applicability Waivers
Approved Project-Specific Waivers
Adjustment Period Waivers
| Waiver Title | Waiver Link | Waiver Type | Issuing Office | Dates |
|---|---|---|---|---|
| Selected EPA Funding Programs | Temporary Public Interest Waiver of Section 70914 of P.L. 117-58, Build America, Buy America Act, 2021 for Selected EPA Funding Programs (pdf) | Public Interest (Adjustment period) | EPA-OW ([email protected]) | 9/2/22 - 3/2/23 |
| Brownfields and Superfund Cooperative Agreements | Adjustment Period Waiver of Section 70914(a) of P.L. 117-58, Build America, Buy America Act, 2021 for Brownfields and Superfund Cooperative Agreements (pdf) | Public Interest (Adjustment period) | EPA-OLEM ([email protected]) | 8/31/22 - 3/2/23 |
| Clean School Bus Program | Clean School Bus Program Adjustment Period Waiver of Section 70914 (a) P.L. 117-58, Buy America, Build America (BABA) (pdf) | Public Interest (Adjustment period) | EPA-OTAQ ([email protected]) | 7/29/22 - 1/29/23 |
Awards Prior to Six-Month Adjustment Period Waiver
Question: If an assistance recipient was awarded EPA funding for an infrastructure project on or after May 14, 2022, but before the six-month adjustment period waiver was approved, would the project be subject to Build America, Buy America Act requirements?
Answer: It depends. If the assistance recipient of EPA funding for the project has not 'expended' EPA funds (outlaid applicable Build America, Buy America infrastructure project costs) prior to waiver approval, then the project is covered by the waiver provided it meets the terms of the waiver. However, if an assistance recipient did expend these funds prior to the waiver approval, the infrastructure project is subject to Build America, Buy America requirements.
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 [email protected]. More information can be found at the OIG Hotline website.