Small Business Administration (SBA) Regulatory Impact RoundTable

Please join us on Thursday, February 15^th, 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 attendees.
Summarize next steps and adjourn.

Proposed Regulations for discussion:

Occupational Safety & Health Administration (OSHA) (DOL- Dept of Labor)
OSHA has proposed a “Heat Injury & Illness Prevention in Outdoor & Indoor Work Settings” rule.

Topics to be considered will include:

A programmatic approach to heat injury & illness prevention.
The scope of a potential standard;
Heat hazard identification & assessment
Heat hazard prevention & control measures
Medical treatment & heat-related emergency response procedures
Worker training
Recordkeeping

OSHA advises employers during an “OSHA ALERT” to follow safety practices, such as providing cool drinking water, giving frequent rest breaks in shady or cool areas, and offering training on the hazards of heat exposure. The Heat Safety Tool App created by OSHA is meant to assist employers when planning outdoor work activities. As part of a heat illness prevention program, employers should have a Heat Illness Prevention Plan. No deadline for comments has been set yet for this proposed rule.

Department of Defense (DOD)

DOD is seeking feedback on the proposed CMMC streamlined version. The proposed rule revises aspects of the program to address public concerns in response to DoD’s initial vision for the CMMC 1.0 program (in 2020). The streamlined CMMC program will allow:

Simplified compliance by allowing self-assessment for some requirements
Priorities for protecting DoD information
Reinforced cooperation between the DoD and industry in addressing evolving cyber threats

Further details are here: CMMC modified – comments needed

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.
Comments on the proposed rule are due on October 3, 2024. This topic is for discussion purposes only.

Environment Protection Agency (EPA)

EPA Requests Comments on Draft 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 Seeking Comments On Requiring Farms To Report Animal Waste Air Emissions – 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:

1. Acetaldehyde
2. Acrylonitrile
3. Benzenamine
4. 4,4’-Methylenebis(2-chloroaniline), or MBOCA
5. Vinyl chloride

These chemicals are mostly used in the production or manufacture of plastics. Comments are due March 18, 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.

Please note that it is easiest to influence proposed rules within the comment periods.

Date: Thursday, February 15^th, 2024 (snow date: February 29^th)
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 DOD
Assistant Chief Counsel OSHA
Assistant Chief Counsel EPA
Assistant Chief Counsel DOL
Assistant Chief Counsel IRS

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.

If you have questions about this event, please contact Linda Grove.