Build America, Buy America (BABA) & AIS Compliance for Water Equipment
What EPA's own BABA and American Iron and Steel (AIS) rules actually require for pumps, valves, tanks, chemical feed systems, and instrumentation on federally funded water infrastructure projects — and how LibertyCES helps you request and organize the manufacturer documentation a bid needs.
Need BABA/AIS documentation for a bid? Send James the project details and equipment list — he'll help identify what documentation is needed and request it from the manufacturer roster LibertyCES represents.
Request Documentation Support →What BABA and AIS Require, in Plain Terms
The Build America, Buy America Act (BABA), effective for federally funded infrastructure projects since May 14, 2022, requires that the iron, steel, manufactured products, and construction materials used on a project funded by federal financial assistance — including EPA's Clean Water and Drinking Water State Revolving Funds (CWSRF/DWSRF), WIFIA loans, and USDA Rural Development water/wastewater programs — be produced in the United States, subject to specific thresholds and unless a waiver applies. The older, narrower American Iron and Steel (AIS) requirement is a permanent, EPA-specific rule covering just the iron-and-steel content of certain water infrastructure products. Both can apply to the same project at once, to different parts of the same equipment package.
This page explains the rule. It does not claim that LibertyCES or any specific manufacturer on its roster is pre-certified as BABA-compliant. Domestic-content compliance is manufacturer- and product-specific, verified through self-certification letters on a per-project basis — not a blanket status a distributor can claim on a manufacturer's behalf. If you need that documentation for a specific bid, LibertyCES will help identify what's required and request it directly from the manufacturer.
What Counts as What, Under BABA
Iron & Steel Products
100% domesticAll manufacturing processes for the iron or steel used — from initial melting through the final coating — must occur in the United States, with an exception only for metallurgical processes involving the refinement of steel additives.
Manufactured Products
55% domestic component costThe product must be manufactured in the United States, and the cost of its U.S.-made components must be greater than 55% of the total cost of all components (unless a federal agency has published a higher threshold for a specific product category).
Construction Materials
100% domestic (non-manufactured materials)Materials such as non-ferrous metals, plastic and polymer-based products, glass, lumber, and drywall — all manufacturing processes must occur in the United States.
Source: EPA, "Build America, Buy America (BABA) Act Overview" — epa.gov/baba/build-america-buy-america-baba-act-overview.
How AIS Applies to Pumps, Valves, Tanks & Chemical Feed Equipment
EPA's AIS guidance addresses specific equipment types directly — this is not a blanket "all equipment" rule, and coverage varies by product type and construction:
| Equipment Type | EPA AIS Treatment |
|---|---|
| Valves | Generally covered — enclosed products with a body, bonnet, and stem: ball, butterfly, globe, piston, check, wedge, and gate valves are the examples EPA lists explicitly. |
| Pumps & Aerators | EPA guidance treats pumps and aerators as mechanical equipment that does not need to meet the AIS iron-and-steel-specific requirement (they are still separately subject to the broader BABA "manufactured products" 55% test). |
| Tanks | Can be subject to AIS depending on construction — EPA has granted project-specific waivers where no domestic manufacturer produces a tank meeting the project's technical specification (e.g., a documented chlorine/ammonia bulk storage tank waiver). |
| Chemical feed systems & instrumentation | Evaluated component-by-component: the iron/steel content in a skid frame or enclosure may trigger AIS, while electronic instrumentation and control components are typically evaluated under the separate BABA "manufactured products" test rather than AIS. |
Source: EPA, "American Iron and Steel Requirement — Guidance and Questions and Answers," and EPA AIS decision memos (e.g., Arlington, TX — Valves & Tanks) — epa.gov/cwsrf/american-iron-and-steel-requirement-guidance-and-questions-and-answers. Every determination is equipment- and project-specific; confirm the current classification for your exact product with LibertyCES and the manufacturer before bidding.
What a Compliant Bid Package Actually Needs
EPA does not run its own product-certification program — compliance is demonstrated through a system of manufacturer self-certification letters. EPA publishes separate letter templates for each product category (iron/steel products, manufactured products, construction materials). A compliant certification letter is typically:
- On the manufacturer's own company letterhead
- Signed by a qualified representative of the manufacturer (not the distributor)
- Specific about which BABA category applies (iron/steel, manufactured product, or construction material)
- Explicit about the domestic-content threshold met — 100% for iron/steel, the 55% component-cost test for manufactured products
- Specific about the city and state where final manufacturing occurred
This is where LibertyCES's role fits: requesting the correct certification letter, in the correct format, directly from the manufacturer for the specific model quoted on your bid — and organizing that documentation so it's ready for engineer or owner review. LibertyCES does not issue these certifications itself; only the manufacturer can certify its own product.
Source: EPA, "BABA Manufactured Product Certification Letter Template" — epa.gov/system/files/documents/2025-01/baba-manuprod-cert-letter-template.pdf; EPA, "Build America, Buy America (BABA) Act Resources" — epa.gov/baba/build-america-buy-america-baba-act-resources.
The Waiver Process, in Brief
When no product meeting the project's technical specification is produced domestically, EPA can approve a waiver — either project-specific (initiated by the funding recipient for one project) or general applicability (issued by EPA for a whole product category, usable by any recipient). Waiver requests go through a public comment period before EPA makes a determination, and approved waivers are posted publicly. EPA has, for example, approved a project-specific waiver for chlorine and ammonia bulk storage tanks where no known domestic manufacturer met the project's technical specification. A waiver is a documented exception process, not something a distributor can self-declare.
Source: EPA, "Build America, Buy America (BABA) Act Waivers Open for Public Comment" and "Build America, Buy America (BABA) Approved Waivers" — epa.gov/baba/build-america-buy-america-baba-approved-waivers.
Frequently Asked Questions
What is the Build America, Buy America (BABA) Act, and does it apply to my water treatment equipment purchase?
BABA is a 2021 federal law that requires, as of May 14, 2022, all iron, steel, manufactured products, and construction materials used in a federally funded infrastructure project — including EPA Clean Water and Drinking Water State Revolving Fund (CWSRF/DWSRF) projects, WIFIA loans, and USDA Rural Development water/wastewater projects — to be produced in the United States. If your project is using any of that federal funding, BABA almost certainly applies. Source: EPA, "Build America, Buy America (BABA) Act Overview," epa.gov/baba/build-america-buy-america-baba-act-overview.
What is the difference between BABA and the American Iron and Steel (AIS) requirement?
AIS is an older, narrower, permanent requirement specific to EPA's CWSRF, DWSRF, and WIFIA programs that covers only iron and steel products (like enclosed valves) used in the construction, alteration, maintenance, or repair of a public water system or treatment works. BABA is the newer, broader 2021 law that additionally covers manufactured products (a 55% domestic component-cost test) and construction materials, across all federal infrastructure financial assistance, not just EPA water programs. On an EPA SRF-funded project, both requirements can apply at once to different parts of the same equipment package. Source: EPA, "American Iron and Steel Requirement — Guidance and Questions and Answers," epa.gov/cwsrf/american-iron-and-steel-requirement-guidance-and-questions-and-answers.
How does the domestic content threshold actually work for a manufactured product like a chemical feed skid?
Under BABA, a "manufactured product" must be manufactured in the United States, and the cost of its U.S.-made components must make up more than 55% of the total cost of all the components that go into it (absent a higher published standard for that product category). This is a component-cost test, not a simple "assembled in the USA" label — it requires documentation of where each component was made and its cost share. Source: EPA BABA Act Resources, epa.gov/baba/build-america-buy-america-baba-act-resources.
What documentation does a manufacturer or supplier need to provide to prove BABA/AIS compliance?
EPA does not certify products itself — it relies on a system of manufacturer self-certification. EPA publishes separate certification letter templates for iron/steel products, manufactured products, and construction materials; each letter must be on company letterhead, signed by a qualified representative, state which product category applies, confirm the applicable domestic-content threshold was met, and state the city/state where final manufacturing occurred. Source: EPA, "BABA Manufactured Product Certification Letter Template," epa.gov/system/files/documents/2025-01/baba-manuprod-cert-letter-template.pdf.
What happens if a fully domestic product genuinely isn't available?
EPA can grant a waiver — either a project-specific waiver (for one project, typically requested by the funding recipient) or a general applicability waiver (issued by EPA for a whole product category that any recipient can use). Waiver requests go through a public comment period before EPA makes a determination, and approved waivers are published on EPA's BABA approved-waivers page. This is a real, documented process, not a loophole — it exists for genuine cases like the chlorine/ammonia bulk-storage-tank waiver EPA has published. Source: EPA, "Build America, Buy America (BABA) Approved Waivers," epa.gov/baba/build-america-buy-america-baba-approved-waivers.
Bidding a Federally Funded Water Project?
Quotes, approved-equal reviews, and submittal packages — including BABA/AIS documentation requests — matched to your exact spec section.
Chemical feed, storage, and disinfection systems for SRF-funded municipal utilities.
pH neutralization, dosing, and treatment systems for wastewater discharge compliance.
A separate compliance requirement for potable-water contact components — often called out on the same municipal specs as BABA/AIS.
Browse every LibertyCES guide, spec checklist, and vendor catalog in one place.
Need BABA/AIS documentation for a bid?
Send James the project details, the funding source (SRF, WIFIA, USDA Rural Development, etc.), and the equipment list — he'll help identify what documentation is actually required and request it from the manufacturer.
Ready to buy or need a fast answer? Call, text, or email James directly — (559) 395-5500 · [email protected].