American Iron and Steel
Federal law requires that iron and steel products used in drinking water and wastewater system infrastructure construction projects must be produced in the United States when those projects are funded with State Revolving Fund (SRF) monies. The Pennsylvania Infrastructure Investment Authority (PENNVEST) administers this program in Pennsylvania. A specific description of the products impacted is summarized in the Frequently Asked Questions document and in a memorandum from the U. S Environmental Protection Agency listed above.
The funding recipient is required, for each product which is impacted, to have;
- a certification from the manufacturer that the product was made in the United States, or
- an EPA-approved waiver from the requirement.
In addition, virtually all projects involve the use of low-cost products which are foreign-made or whose country of origin is unknown. EPA has provided a waiver for these products, as long as the total cost does not exceed 5% of the total cost of construction materials used in the project. These products are placed on a De Minimus list. DEP has developed a De Minimus Product Template to help funding recipients track compliance with the De Minimus requirement (see above).
If funding recipients believe a waiver is appropriate they should send their request to Richard Wright (email@example.com) at DEP. All waiver requests must be submitted on the DEP American Iron and Steel Waiver Form, 3850-FM-BCW0509, listed above.
The justification for a waiver can be for the following reasons:
- it is important to use a particular foreign-made product for compatibility with products already used at the facility,
- an adequate domestic-made product is not available, or
- the cost of using domestic products causes a major increase in project cost.
For further information contact:
Richard A. Wright, P.E.
Municipal Finance Section
Division of Municipal Facilities
P.O. Box 8774
Harrisburg, PA 17105-8774