33 U.S.C. § 1388 — Requirements
submitted 78 years ago by Pub. L. 113-121 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 371 words · no verdicts yet
This section generally requires United States-made iron and steel products in projects funded by State water-pollution revolving funds. It lists exceptions, waiver procedures, international-agreement limits, oversight funding, and a date-based exception.
(a) General rule. Money from a State* water-pollution* control revolving fund may not fund construction, alteration, maintenance, or repair of treatment works* unless every iron and steel product used is made in the United States.
(b) Iron and steel products. “Iron and steel products” means these products made mainly 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, and construction materials. This section does not further define the quoted term.
(c) Exceptions. Subsection (a) does not apply to a case or category if the Administrator finds that:
(1) applying it would conflict with the public interest;
(2) United States products are not available in sufficient, reasonably available quantities and satisfactory quality; or
(3) using United States products would raise the project’s total cost by more than 25 percent.
(d) Waivers. When the Administrator receives a waiver request, the Administrator must informally make the request and available related information public, allow informal public input for at least 15 days before making a finding, and make the materials available electronically, including on the Environmental Protection Agency’s official public website.
(e) International agreements. The section must be applied consistently with United States obligations under international agreements.
(f) Management and oversight. The Administrator may keep up to 0.25 percent of appropriated funds for managing and overseeing these requirements.
(g) Effective date. This section does not apply to a project if a State agency approved its engineering plans and specifications, in its role of approving them before the project requested bids, before June 10, 2014.
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.
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.
Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that—
applying subsection (a) would be inconsistent with the public interest;
iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.
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.
This section shall be applied in a manner consistent with United States obligations under international agreements.
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.
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.
Source credit: (June 30, 1948, ch. 758, title VI, § 608, as added Pub. L. 113–121, title V, § 5004, June 10, 2014, 128 Stat. 1326.)
- 1948Enacted · Pub. L. 113-121 · 128 Stat. 1326
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-121 on 1948-06-30.
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