Waiver for Stainless Steel Nuts and Bolts Used in Pipe Couplings, Restraints, Joints, Flanges, and Saddles for State Revolving Fund Projects: U.S. Environmental Protection Agency Announces Extension

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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United States Environmental Protection Agency (“EPA”) Assistant Administrator David P. Ross issued an August 24th memorandum titled:

Final Extension of the Short-Term National Product Waiver for Stainless Steel Nuts and Bolts Used in Pipe Couplings, Restraints, Joints, Flanges, and Saddles for State Revolving Fund Projects (“Final Extension”)

The Final Extension permits the purpose and use of non-domestically produced stainless steel nuts and bolts in bolting-type pipe couplings, restraints, joints, and repair saddles in iron and steel products for projects funded by a Clean Water State Revolving Fund or Drinking Water State Revolving Fund.

EPA signed the original waiver on February 18, 2015. It granted a one-year extension on February 22, 2016, and provided a second extension until February 18, 2018.

EPA states that the final extension will retroactively cover nuts and bolts purchased since February 18, 2018, and be extended 18 months from the signing date of the waiver (characterized as a “sunset date”).

The rationale put forth for the Final Extension is to provide time for United States manufacturers to increase the domestic production of specified stainless steel nuts and bolts.

The August 24th Final Extension provides a reference that includes details regarding the specific types of products covered and the rationale for issuance of the waiver. Further, attachments to the Final Extension include “Rationale and Legal Authority” and “Summary of Comments Received.”

A copy of the Final Extension can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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