Alert for Brownfields Program Projects - “Buy America” Provision

The American Recovery and Reinvestment Act (Recovery Act), which became effective during February 2009, included $100 million in appropriations to the federal Environmental Protection Agency (EPA) for Brownfields Program grants. The EPA has allocated $40 million of the Recovery Act funds to supplement current Revolving Loan Fund (RLF) grantees.  It is likely that a portion of this supplemental RLF funding will be used by non-federal governmental entities for construction of concrete or asphalt caps on brownfields projects or to construct alternate drinking water systems by non-federal government entities with RLF supplemental funding. It has been determined by the EPA that when a non-federal governmental borrower or subgrantee uses RLF funds for remediation activities at a public building or as part of a public work project, the “ Buy American” provision of the Recovery Act will apply. The Buy American provision states that the construction, alteration , maintenance or repair of a public building or public work, requires that iron, steel, and manufactured goods used, be produced in the United States.   This clarification was published in the Federal Register, Volume 74, page 31732, on July 2, 2009. If you are working on a Brownfields project that involves federal funds awarded after April 30, 2009, you should confirm whether or not your project is impacted by the “Buy American” provision and if so, take appropriate action, including documentation of your purchases. 

This article was authored by William Chambers, Acacia Environmental Group LLC. For more information on the author see here.