Latest Small Business Regulatory Roundup
EPA finalizes Small Business Exemption
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Greenhouse Gas Rule
On June 3, EPA published the final version of its "tailoring rule" that addresses the applicability of greenhouse gas regulations to stationary sources ("stationary sources" are buildings, as opposed to "mobile sources" which are cars and trucks). EPA's draft rule was intended to regulate any source over 25,000 tons of CO2 per year. After many small business organizations and SBA's Office of Advocacy explained that the 25,000 ton threshold would still capture thousands of small businesses that would not be able to meet the stringent emission requirements, EPA raised the exemption to cover only those sources emitting over 100,000 tons of CO2 per year.
Analysis for SBCRR Subscribers
While EPA's final rule contains an exemption that should appropriately remove small businesses from overly burdensome greenhouse gas regulations, the agency did not convene a Small Business Advocacy Review Panel prior to proposing its rule last October (for a more detailed explanation, see SBA Office of Advocacy's comment letter to EPA referenced immediately below). Small businesses are concerned that short-circuiting the process, even if this rule contains a good exemption, is adangerous precedent for how EPA considers its impact on small business. Small business is also concerned that the exemption in EPA's tailoring rule may not survive legal challenge or may be phased out during subsequent EPA rulemakings. Congress may attempt to codify the tailoring rule in order to make EPA's small business exemption permanent.
Key Documents
Upcoming Rules
EPA to regulate wood stoves
The EPA is formulating its position on the regulation of residential wood heaters and wood stoves. EPA will be convening a Small Business Advocacy Review Panel and working with SBA's Office of Advocacy to receive constructive input from small businesses prior to issuing a proposed rule.
Key Documents
- EPA's web-page on small business input for wood stove regulations: Click here
EPA to extend renovation & repair rules to commercial buildings
Key Documents
- EPA's advanced notice for construction practices in commercial buildings: Click here
- EPA's final rule on lead renovation and repair for residential buildings: Click here
IRS to Expand Electronic Filing Requirement
Key Document
- IRS press release announcing expansion of EFTPS: Click here
About SBCRR
The Small Business Coalition for Regulatory Relief (SBCRR) is a coalition made up of small businesses and supporting organizations that are interested in federal regulatory developments. SBCRR provides coalition members with regular updates on regulatory proposals and opportunities for small business to provide input that can positively impact final agency decisions.
SBCRR Subscribers receive information and analysis in advance of the newsletter's web-posting. Additionally, subscribers receive analysis on regulatory proposals, regulatory alerts, and information tailored to their membership or interests. For more information on the cost and availability of an SBCRR subscription, please click here or contact Tom.Sullivan@nelsonmullins.com.
Contact:
Tom Sullivan
202.545.2909
tom.sullivan@nelsonmullins.com
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.