§1388 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

State revolving fund money for building, changing, fixing, or maintaining sewage or water treatment works must only pay for iron and steel products that are made in the United States. The rule covers many iron and steel items used in construction, like pipes and fittings, manhole covers and castings, hydrants, tanks, valves, structural steel, reinforced precast concrete, and similar materials. The EPA Administrator can grant a waiver if using U.S.-made iron and steel would harm the public interest, if U.S. products aren’t available in enough quantity or quality, or if U.S. products would raise project cost by more than 25 percent. When someone asks for a waiver, the EPA must post the request and related information online and allow at least 15 days for public comment before deciding. The rule must fit U.S. international obligations. The EPA may keep up to 0.25 percent of the funds for oversight. Projects with state-approved engineering plans approved before June 10, 2014 are not covered.

Title 33, §1388

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Funds made available from a State water pollution control revolving fund established under this subchapter may not be used for a project for the construction, alteration, maintenance, or repair of treatment works unless all of the iron and steel products used in the project are produced in the United States.

(b)In this section, the term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, construction materials.

(c)Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that—

(1)applying subsection (a) would be inconsistent with the public interest;

(2)iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(3)inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.

(d)If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet site of the Environmental Protection Agency.

(e)This section shall be applied in a manner consistent with United States obligations under international agreements.

(f)The Administrator may retain up to 0.25 percent of the funds appropriated for this subchapter for management and oversight of the requirements of this section.

(g)This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to June 10, 2014.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as an

Effective Date

of 2014 Amendment note under section 1381 of this title.

§1388 Requirements

Summary

Title 33, §1388

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata