News Feature | November 8, 2023

'Buy American' Regulations Could Be Stalling Critical Water, Wastewater Infrastructure Projects

Peter Chawaga - editor

By Peter Chawaga

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As water scarcity becomes an existential issue throughout the U.S., federal officials have earmarked massive capital to go toward infrastructure projects that will help conserve the valuable resource. But as some of the most drought-stressed regions attempt to deploy those funds, they are running into some surprising legislative obstacles.

“Between the 2021 bipartisan infrastructure deal and the 2022 Inflation Reduction Act, over a trillion federal dollars are available for building and improving American infrastructure over the next decade or so,” Marketplace reported. “But under those laws, longstanding ‘Buy American’ rules have been expanded to include new kinds of projects and building materials. That’s holding up some important projects.”

For instance, in the Gila River Indian Community of Arizona, local officials are hoping to install a reclaimed wastewater pipeline. But they’re struggling to source necessary materials under the “Build America Buy America” (BABA) provisions.

“We’ve already spent over $2 million in additional expense we had not anticipated on the fittings because we have to comply with the BABA,” the director of the irrigation project that seeks to integrate the wastewater pipeline told Marketplace. “The pumps and motors and electrical switches and gears that we need to operate the pump, we cannot find anybody in the country who will certify that they are 100% American-made.”

In Arizona and other Western states, federal officials are seeking to fund a wide range of drought solutions. And as water resources are dipping to concerning new lows, those solutions are only going to be more sorely needed in the future.

But even as systems and equipment manufacturers alike voice frustration about the difficulties in complying with BABA guidelines, federal officials have yet to offer a workable solution.

“Unfortunately, we appear to be at a stalemate for the foreseeable future with projects that are required to meet BABA requirements, but no federal direction or guidelines on how to do so,” the executive director of the Water and Wastewater Equipment Manufacturers Association (WWEMA) wrote in an email sent to Water Online. “Seems rather inconceivable that we would be in this situation when Congress and the administration have known about these requirements well before the law even signed over one-and-a-half years ago.”

With water systems around the U.S. eager to deploy the substantial federal funds set aside to better protect our most critical resource, consumers and treatment professionals are hoping some new direction comes quickly.

To read more about how capital is allocated to critical drinking water projects visit Water Online’s Funding Solutions Center.