Please join us on Thursday, February 15th, 2024, for an in-person roundtable with the SBA Office of Advocacy on proposed federal regulations impacting manufacturers. The event will review specific rules, discuss their impact, and listen to small business inputs. The roundtable’s purpose will be to gather feedback from small entities impacted by the proposed regulations.
Roundtable Agenda:
- Welcome; US SBA Office of Advocacy Introduction, other key introductions.
- Presentation of Proposed Regulations impacting small manufacturers
- Open discussion with Mantec small manufacturers.
- Summarize next steps and adjourn.
Proposed Regulations for discussion:
Environment Protection Agency (EPA)
- EPA is requesting comments on the draft risk evaluation it published for Tris (2-Chloroethyl) Phosphate (TCEP) Risk Evaluation – TCEP has been primarily used in paint and coating manufacturing, and polymers used in aerospace equipment and products. In the past, it has also been used in commercial and consumer products, including fabric and textile products, foam seating, and construction materials. Comments are due March 4, 2024
- EPA Sseeking comments on requiring farms to report animal waste air emissions under the Emergency-Planning-and-Community-Right-to-Know-Act (EPCRA) –EPA is asking the public about issues it must address in a future proposed rule, including implementation challenges, small farm definition, and potential reporting exemption. Comments are due February 15, 2024
- EPA published a notice identifying the next five chemicals it will designate as High-Priority Substances, for which it must conduct a risk evaluation and potentially regulate under the Toxic Substance Control Act (TSCA). These chemicals are:
- Acetaldehyde
- Acrylonitrile
- Benzenamine
- 4,4’-Methylenebis(2-chloroaniline), or MBOCA
- Vinyl chloride
These chemicals are mostly used in the production or manufacture of plastics. EPA wants to know the following: hazard and exposure potential, persistence and bioaccumulation, potentially exposed or susceptible subpopulations, storages near drinking water sources, current and future production volume, other potential risks etc. Comments are due March 18, 2024
- EPA is proposing to require Personal Protective Equipment (PPE) for certain manufacturing and processing of these chemicals (decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two of the five persistent, bioaccumulative, and toxic (PBT) chemicals). EPA is proposing to require a label on shipping pallets containing decaBDE. And EPA is proposing to modify exclusions from the prohibitions on uses of PIP (3:1), including narrowing the scope of certain exclusions, adding prohibition phase-in dates, and in some cases creating new exclusions from prohibition for certain uses. Comments are due January 8, 2024
- EPA published a draft rule proposing improvements to the National Primary Drinking Water Regulations for Lead and Copper. EPA would require water systems to replace lead service lines within 10 years, remove the lead trigger level, reduce the lead action level to 0.010 mg/L, and strengthen tap sampling procedures. Comments were due February 5, 2024
Internal Revenue Service (IRS)
- The IRS published proposed amendments to the rules applicable to plans that include cash or deferred arrangements (CODAs) under Internal Revenue Code section 401(k) with respect to long-term, part-time employees. The proposed rule, which reflects statutory changes made by the SECURE Act and the SECURE 2.0 Act, would require a qualified CODA to permit participation by certain employees even if they do not have at least 1,000 hours of service in a 12-month period. If adopted, the proposed rule would apply to plan years that begin on or after January 1, 2024. Written comments and requests to speak at a public hearing on the proposed rule are due by January 26, 2024. The public hearing is scheduled for March 15, 2024.
Department of Defense (DOD)
- The DOD has published a proposed rule for the Cybersecurity Maturity Model Certification (CMMC) program. The program is designed to ensure defense contractors and subcontractors engage in appropriate handling of federal contract information and unclassified information so that it is not stolen in a cyber-attack. Comments are due February 26, 2024 publication date.
Department of Justice DOJ – ADA website requirements
- The DOJ is establishing technical standards for state and local governmental entities to make their websites and mobile applications accessible for people with disabilities. DOJ is revising its regulations under Title II of the Americans with Disabilities Act (ADA). In addition, DOJ is adopting a private accessibility standard for web access, which is the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. These requirements include making websites and mobile applications understandable by screen readers or similar assistive technology so the information can be accessible by individuals who are blind or have low vision. Technical standards include adding text descriptions of images and navigational links that facilitate using a screen reader. This proposal would also require captions on all videos and audio files on their websites. This will enable people who are deaf or hard of hearing to watch real-time presentations and other content.
- DOJ is proposing different compliance dates by population size of the public entity. Public entities with a total population of 50,000 or more must comply with this standard in two years after the publication of this rule. Small public entities with a population of less than 50,000 would have three years to comply with these requirements.
- In its RFA analysis, DOJ estimates that the costs are less than 1 percent of revenues for every small entity type. DOJ estimates the following average annual costs per small entity using a 3 percent discount rate: county ($9,601), municipality ($18,269), township ($15,135), and community colleges ($449,163).
- Advocacy seeks feedback on the current accessibility of small governmental entities’ websites and mobile apps and compliance costs for different sizes of small governmental entities to comply with the new WCAG 2.1 AA standard. Advocacy also seeks feedback on the economic impact of this rule on small entities, such as any technical or budget constraints in complying with this rule. Advocacy would appreciate any feedback on regulatory alternatives that may minimize the costs of this rule, such as a longer compliance date or different technical standards for small entities or a subset of small entities.
Comments on the proposed rule are due on October 3, 2024. This topic is for discussion purposes only.
Consumer Product Safety Commission (CPSC)
- The CPSC published a supplemental notice of proposed rulemaking ( (SNPR) to promulgate a consumer product safety standard to address blade-contact injuries on table saws. The SNPR invited the public to submit written comments during a 60-day comment period. Comments are due February 01, 2024.
Please note that it is easiest to influence proposed rules within the comment periods.
Date: Thursday, February 15th, 2024 (snow date: February 29th)
Time: 2 pm to 5 pm (Doors open at 1:30 pm)
Location: York College of PA, Alumni Hall
Presenters will include:
Office of Advocacy Regional and Regulatory Affairs Personnel:
- Mid-Atlantic Regional Advocate
- Assistant Chief Counsel EPA
- Assistant Chief Counsel DOL
- Assistant Chief Counsel IRS
- Assistant Chief Counsel USDA
Please note that MANTEC’s regulatory priorities are welcome.
About the US. SBA Office of Advocacy: The Office of Advocacy of the U.S. Small Business Administration is an independent voice for small business within the federal government. It is the watchdog of the Regulatory Flexibility Act, and a source of small business statistics and research. Advocacy advances the views and concerns of small business before Congress, the White House, federal agencies, federal courts, and state policymakers.
