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Title 33 — Navigation and Navigable Waters

Chapter 26 — Water Pollution Prevention and Control

§ 1388. Requirements

Statutory text

(a)

In general

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.

(b)

Definition of iron and steel products

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.

(c)

Application

Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that—

(1)

applying subsection (a) would be inconsistent with the public interest;

(2)

iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(3)

inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.

(d)

Waiver

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.

(e)

International agreements

This section shall be applied in a manner consistent with United States obligations under international agreements.

(f)

Management and oversight

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.

(g)

Effective date

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 .

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Water Resources Reform and Development Act of 2014

    Pub. L. 113–121 title V § 5004 · 128 Stat. 1193

    Enacted · 33 U.S.C. § 1388

    (June 30, 1948, ch. 758, title VI, § 608, as added Pub. L. 113–121, title V, § 5004, June 10, 2014, 128 Stat. 1326.)

    Source evidence

    Code 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.)

    Enacted provision · exact public law section
    SEC. 5004. REQUIREMENTS.   Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended by adding at the end the following: “SEC. 608. REQUIREMENTS. “(a) In General.— Funds made available from a State water pollution control revolving fund established under this title 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. “(b) Definition of Iron and Steel Products.— 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. “(c) Application.— Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that— “(1) applying subsection (a) would be inconsistent with the public interest; “(2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or “(3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. “(d) Waiver.— 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 Web posting. Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet site of the Environmental Protection Agency. “(e) International Agreements.— This section shall be applied in a manner consistent with United States obligations under international agreements. “(f) Management and Oversight.— The Administrator may retain up to 0.25 percent of the funds appropriated for this title for management and oversight of the requirements of this section. “(g) Effective Date.— 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 the date of enactment of the Water Resources Reform and Development Act of 2014.” .

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Effective Date

Section effective , see section 5006 of Pub. L. 113–121, set out as an Effective Date of 2014 Amendment note under section 1381 of this title.

Credits

(June 30, 1948, ch. 758, title VI, § 608, as added Pub. L. 113–121, title V, § 5004, , 128 Stat. 1326.)

Parsed from the official OLRC USLM XML in data/usc_all/usc33.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t33/s1388