EPA submits final rule which governs construction renovations to OMB for review 

On February 25, the EPA submitted its final rule to revise the 2008 Lead Renovation, Repair, and Painting Program (RRP) to OMB for review.  The EPA's program, established in 2008, addresses lead-based paint hazards created by renovation, repair, and painting activities which disturb painted surfaces in houses where children live or are present on a regular basis.  The EPA's proposed revisions seek to eliminate the "opt-out" provision that currently exempts a renovation firm from training and work practice requirements contained in the rule where the firm obtains a certification from the resident's owner that no child under age 6 or pregnant women resides in the home and that the home is not a child-occupied facility.  The EPA is also proposing to require renovation firms to keep additional records. 

Analysis for SBCRR Subscribers 

The EPA estimates that 289,000 small entities will incur costs due to proposed changes to the RRP.  That number includes 101,000 small residential contractors who will likely shoulder between $1,100 to $6,400 in additional costs associated with EPA's regulation.  The EPA did not convene a Small Business Advocacy Review Panel for this proposal because the agency felt that small business issues were adequately covered by the panel convened in February of 2000.

Key Documents

• Historical documents on small business input as part of the rulemaking that established the 2008 Renovation, Repair, and Painting (RRP) program (note, this site contains the February/March 2000 Small Business Advocacy Review Panel report):  click here
• EPA's proposed rule in the Federal Register, October 28, 2009:  click here
• EPA's press release that accompanied its proposal:  click here
• EPA's Renovation, Repair, and Painting program web-site:  click here

EPA and the Dept. of Transportation submit final greenhouse gas emissions and CAFE standards to OMB for review 

On March 9, the EPA and DOT's National Highway and Traffic Safety Administration (NHTSA) submitted its final rule for greenhouse gas emission reductions and increased fuel economy to OMB for review.  The EPA is proposing greenhouse gas emissions standards under the Clean Air Act, and NHTSA is proposing Corporate Average Fuel Economy (CAFE) standards under the Energy Policy and Conservation Act.  These standards apply to passenger cars, light-duty trucks, and medium-duty passenger vehicles, covering model years 2012 through 2016. They require these vehicles to meet an estimated combined average emissions level of 250 grams of CO2 per mile in model year 2016 under the EPA’s GHG program, and 34.1 mpg in model year 2016 under NHTSA’s CAFE program.  Under this new harmonized and consistent national program, the overall light-duty vehicle fleet would reach 35.5 mpg in model year 2016. 

Analysis for SBCRR Subscribers 

Executive Order 12866 governs the process for stakeholders to meet with the Office of Information and Regulatory Affairs (OIRA) when a rulemaking is at OMB for its 90 day review.  OIRA benefits from any additional data or information that may improve the analysis or rationale for the regulatory proposal.  Any meeting under EO 12866 is a matter of public record, with participants and subject matter disclosed.  Additionally, any data or information presented at the meeting are made public.  Staff from the promulgating agency and other interested interagency personnel attend EO 12866 meetings.  OMB generally listens and sometimes asks questions, but OMB and staff from the promulgating agency do not answer questions about the substance of the rule because the content of the proposal is still considered a confidential work-product prior to its submission to the federal register for publication. 

In its proposed rule, the EPA certified that the regulation would not impact small business to the extent additional analysis would be required by the Regulatory Flexibility Act. 

Key Documents

• EPA and NHTSA joint proposed rule on vehicle greenhouse gas emission standards and CAFE standards issued September 28, 2009:  click here
• NHTSA's web-site describing CAFE standards:  click here

OSHA Extends Comment Period on Recordkeeping/Ergonomics Rule 

Comments now due March 30, 2010

On March 9, OSHA held a public hearing on its proposed recordkeeping rule.  The rule will require employers to document musculoskeletal disorders (MSDs) as part of their injury and illness reporting requirements.  The MSD column will be added to the OSHA 300 Log maintained under OSHA's recordkeeping regulations.  Representatives from small business advocacy organizations presented testimony to a panel of OSHA experts that the proposed rule will prove extremely costly for small business and will be a de-facto national ergonomics standard.  One day prior to the hearing, OSHA granted the request of several stakeholders who had requested that the comment period be extended.  OSHA's March 8 announcement allows for the public to comment on the agency's proposed rule by March 30, 2010.

Analysis for SBCRR Subscribers 

OSHA certified that its recordkeeping rule will not adversely impact small firms to the extent that OSHA would have to consult with small businesses and SBA's Office of Advocacy under a system prescribed by the Regulatory Flexibility Act.  Small business groups question OSHA's insistence that its proposal "will not change existing requirements… ."  Instead, they fear that listing MSDs will require employers to determine the work-relatedness of injuries not easily associated with specific work conditions.  Small business is wary of how "work related" will be defined in OSHA's proposal and how listing MSDs could be a pre-cursor to the enforcement of a nation-wide ergonomics standard. 

Key Documents 

• Occupational Health & Safety (OHS) web-posting on the extension of OSHA's comment period:  click here
• OSHA's proposed rule (federal register notice in *pdf): click here