Environmental Law

Buy American applies to Stimulus Money used for PA Brownfield Projects

By M. Joel Bolstein

In a Federal Register notice published on July 2, EPA revoked prior guidance and stated "EPA has determined that when a non-governmental borrower or subgrantee uses [Revolving Loan Fund (RLF)] supplemental funds for remediation activities at public buildings or to carry out a public work, the Buy American provisions apply."   As noted in prior posts, there are millions of stimulus dollars being spent on brownfield redevelopment projects in PA.  The recipients of those funds need to understand the "Buy American" provision and adhere strictly to it or place their funding in jeopardy.  How any of this will work, is unknown.  It would be prudent for anyone involved in a project using RLF funds to contact EPA and seek clarification on the scope and applicability of the Buy American provisions.  For example, if the remediation involves using chemical oxidation, do the chemicals have to be manufactured in the U.S.?  If the remediation involves replacing a water line, does the steel or concrete used in that water line replacement have to be manufactured in the U.S.?  As counsel to the Redevelopment Authority of Bucks County, which uses and subgrants RLF funds, I will be seeking answers to those questions.  Stay tuned.       

Full post as published by PA Brownfields Environmental Law on July 16, 2009 (boomark / email).