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The American Iron and Steel (AIS) provision requires all Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) assistance recipients to use iron and steel products produced in the United States. This requirement applies to projects for constructing, altering, maintaining or repairing public water systems or treatment works. In Ohio, Water Pollution Control Loan Fund and Water Supply Revolving Loan Account loan recipients are subject to AIS requirements.

In 2014, the AIS provision in the Clean Water Amendments made this a permanent requirement for all CWSRF projects. For DWSRF projects, the AIS requirements were Congressionally mandated through the federal budgeting process and included in the Consolidated Appropriations Acts since 2014.

In some rare instances, a waiver may be granted provided that U.S. EPA determines that:

  1. Applying these requirements 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. Including iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.

There are a few additional National waivers, including the one for stainless steel nuts and bolts discussed below.

U.S. EPA has issued a final extension to the short-term waiver covering stainless steel nuts and bolts used in CWSRF- and DWSRF-funded projects. The 18-month extension was signed on Aug. 24, 2018 and will expire on Feb. 23, 2020. The extension also applies retroactively to purchases made after the previous extension expired on Feb. 18, 2018. All approved national waivers, including this final extension, can be found at epa.gov/cwsrf/american-iron-and-steel-requirement-approved-national-waivers-0.

Please keep AIS requirements in mind during the early stages of your water and wastewater infrastructure planning. If you have any questions about the AIS provision or this waiver extension, please contact Joe Dragovich at (614) 644-3710 or joseph.dragovich@epa.ohio.gov.