Registered Lobbyist Contact Disclosures | Implementation of the Recovery Act | US EPA

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Registered Lobbyist Contact Disclosures

Contact Information

Robertson, Peter
    Firm Name
Crowell & Moring
    Client's Name (Last, First)
    Client's Address

    Contact Date & Time
06/18/2009 05:00 PM
    EPA Employee Contacted
Philip Metzger

Buy American Act - national waivers

    Other Details
Q by Robertson: EPA’s April 28, 2009, memorandum regarding the implementation of the Buy America provisions of the stimulus bill is detailed about the regional waiver process. It mentions national waivers, but does not give any information about how to apply for a national waiver. Could you describe that process?
A by Metzger: We recognize that other Federal agencies have processes developed through necessary notice and comment, whereby manufacturers can apply for confirmation/certification of US manufacture of a good, or for a national availability waiver
for a specific foreign-made product. However, EPA does not have established institutional expertise on Buy American issues,
and ARRA's deadlines, particularly for the SRFs to have all funds under “contract or construction” by February 2010, do not allow EPA to develop such processes through the requisite notice-and-comment process. We believe the waiver program defined in ARRA section 1605, and assistance recipients’ responsibility to comply in their “projects,” provides an appropriate means under the circumstances to address these issues. Manufacturers should work with assistance recipients on these questions. Webcast slides on our web site at will give important information on the US manufacturing issue, and how to apply the "substantial transformation" standard set forth in the OMB Guidance. These slides also provide information on what must be presented in some of the common types of waiver requests to receive consideration.

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