If you’re working on a federally funded infrastructure project, you understand the impacts of requirements such as American Iron and Steel (AIS), Build America, Buy America (BABA), and the Buy American Act (BAA).
These rules have similar goals, supporting United States manufacturing and strengthening domestic supply chains, but the details differ in ways that can affect valve selection.
This guide explains how these statutory and regulatory requirements apply to valves, when waivers are available, and how to successfully use ball valves in AIS, BABA, and BAA projects.
What makes AIS, BABA, and BAA different?
These statutes and regulations aim to ensure that materials used in construction are made in the U.S. While steel parts are widely produced domestically, complex components such as cast or forged valves are much harder to find due to the limited options for castings from U.S. foundries.
Although the requirements for AIS, BABA, and BAA often overlap, they are not identical. All three aim to promote U.S. manufacturing, strengthen domestic supply chains, and grow the American job market. Keep reading to see what makes them different.
What is AIS?
The American Iron and Steel (AIS) provision mandates that projects receiving U.S. Environmental Protection Agency (EPA) or USDA Water and Environmental Programs (WEP) financial assistance use iron and steel products produced in the U.S.
This rule applies to the construction, alteration, maintenance, or repair of public water systems, covering items like pipes, tanks, and structural steel. The EPA and USDA may issue waivers when specified materials are not produced in the U.S., or if compliance is not in the public interest.
What is BABA?
The Build America, Buy America Act (BABA), part of the 2021 Infrastructure Investment and Jobs Act (IIJA), requires that all iron, steel, manufactured products, and construction materials used in federally funded infrastructure projects be produced in the U.S.
Waivers may be granted by federal agencies when a specified product is not manufactured in the U.S., is too costly, or when a project is covered by a Stafford Act emergency declaration.
What is the BAA?
The Buy American Act (BAA) of 1933 requires federal agencies to prioritize the procurement of domestically produced goods for public use within the U.S. For valves that are primarily iron or steel, the cost of foreign iron or steel must be less than 5% of the total component cost.
Items for use outside the U.S. are exempt, as well as when specified items are not available in sufficient, reasonably available commercial quantities of satisfactory quality. Goods from specific countries covered under the Trade Agreements Act (TAA) are allowed under BAA.
Comparing AIS, BABA, & BAA
| Statue/Regulation | Description | Waiver Info | Granted By |
|---|---|---|---|
| American Iron and Steel (AIS) provision | Projects receiving EPA or WEP financial assistance must use iron and steel products produced in the United States. | When specified materials are not produced in the U.S. or if compliance is not in the public interest. | EPA, USDA |
| Build America, Buy America Act (BABA) | Requires that all iron, steel, manufactured products, and construction materials used in federally funded infrastructure projects be produced in the U.S. | When a specified product is not manufactured in the U.S., is too costly, or when a project is covered by a Stafford Act emergency declaration. | Federal agencies |
| Buy American Act (BAA) | Requires federal agencies to prioritize the procurement of domestically produced goods for public use within the U.S. | When using domestic products would increase the project’s cost by more than 25%, or if the choice is consistent with the public interest. | Federal agencies, WEP |
How AIS Waivers Work
If you’re unable to easily locate a valve that meets AIS, BABA, or BAA standards, don’t stress. All three of these laws have exceptions and waivers that can be submitted, which allow non-domestic materials to be considered for the project.
AIS waivers can be granted if domestic iron and steel products are not reasonably available, satisfactory in quality, or if using domestic products would increase the overall project cost by more than 25%.
The process for AIS typically follows this timeline:
- The State Revolving Fund (SRF) or Water Infrastructure Finance and Innovation Act (WIFIA) representative handles the waiver request.
- After reviewing, the SRF or WIFIA point of contact sends the waiver to the EPA for final approval.
- The EPA headquarters has the final say for most AIS waivers.
How BABA and BAA Waivers Work
BABA and BAA waivers can also be granted if domestic materials are not reasonably and readily available. They can be approved if using domestic products would increase the project’s cost by more than 25%, or if the choice is consistent with the public interest. Waivers can be submitted through an agency point of contact or program officer, and the federal agency awarding the funding is the final approver of the waiver.
The WEP approves waivers for its programs as well, and you can submit a waiver to the WEP Engineering National Office email address.
Real World Example: Using 4000 Series Ball Valves Under BAA
American Valve’s 4000 Series ball valves have been installed in numerous AIS, BABA, and BAA projects. Alternatives such as gate valves or stainless steel ball valves are often either undesirable or unaffordable for the application. In these cases, American Valve can assist with waiver applications.
Conclusion
Navigating AIS, BABA, and BAA compliance doesn’t have to be an overwhelming decision. Understanding the differences between these standards and knowing that waiver options exist can help you keep your project on track and in budget. With the right planning and documentation, even complex requirements can be managed effectively, ensuring your infrastructure project meets federal guidelines without costly delays.
FAQ
Are ball valves allowed on AIS, BABA, or BAA projects?
Yes, ball valves can be used on projects covered by AIS, BABA, or BAA, but the level of required U.S. manufacturing varies by standard.
In some cases, projects may need to pursue a waiver if compliant domestic options are limited or unavailable.
When should a project team consider submitting a waiver for valves?
A waiver is typically considered when domestic valve options cannot be sourced in reasonable time, do not meet technical requirements, or when they would cost over than 25% more.
Each federal program has specific documentation requirements, so early communication with the funding agency is recommended.
Why are compliant U.S.-made valves sometimes hard to find?
While steel components are widely manufactured in the U.S., complex items like cast or forged valves are less common due to the decline of domestic foundries and increased global competition.
This limited availability is one of the main reasons waiver processes exist.
Have questions about waiver applications? Get in touch with our engineering team for answers and drafting support.