In Washington – September 2022 Insider

ACMA’s Schweitzer Named Representative to Small Business Review of EPA’s Proposed TSCA Reporting Rule  ACMA Vice President John Schweitzer has …

ACMA’s Schweitzer Named Representative to Small Business Review of EPA’s Proposed TSCA Reporting Rule 

ACMA Vice President John Schweitzer has been named as a small entity representative (SER) to the pre-proposal review of EPA’s tiered data reporting (TDR) regulation that will likely require composites manufacturers and resin suppliers to report certain data as part of the agency’s styrene risk evaluation and promulgation of risk management standards under the 2016 amendments to the Toxic Substances Control Act. SERs have been asked to review what EPA plans to propose in the TDR rule and provide suggestions for limiting unwarranted small business impacts. ACMA’s Regulatory Steering Committee will participate in the review of materials provided by EPA and develop comments to be provided to the agency.  

Supply Chain Disruption Avoided as Rail Strike Averted at 11th Hour 

On September 15, representatives from thirteen unions and major U.S. freight rail companies reached an agreement on a new labor contract, avoiding a potentially crippling supply chain disruption.  Observers had warned that a strike could cost the U.S. economy $2 billion a day.  The agreement comes after significant intervention from the Secretary of Labor and directly from President Biden. Prior to the agreement, ACMA had worked with the National Association of Manufacturers and other manufacturing associations to urge Congress to pass legislation to avoid a strike.    

ACMA’s Cindy Squires Appointed to TEPAC

The Office of the U.S. Trade Representative appointed ACMA’s President and CEO Cindy L. Squires Esq. to the Trade and Environment Policy Advisory Committee (TEPAC). The trade advisory committee provides technical and policy advice to the United States Trade Representative on trade policy matters that have a significant impact on the environment. When reviewing trade agreements, TEPAC will provide insights to the President, Congress and the United States Trade Representative, including an advisory opinion on whether or not the agreement promotes U.S. interests.

Senate Reaches Agreement to Renew SBIR Program 

After resolving a long running objection from Senator Rand Paul (R-KY), the Senate agreed to a three-year renewal of the Small Business Innovation and Research and Small Business Technology Transfer programs on September 20, avoiding a potential lapse in the program. These programs fund research projects by U.S. small businesses at the Department of Defense, Department of Energy, and beyond.  Senator Paul had objected to renewing the programs over concerns related to the administration of the program.  

Senate Small Business Committee Chairman Ben Cardin (D-MD) praised the renewal. ““SBIR and STTR represent the best of government-industry partnerships—harnessing the creativity and ingenuity of American entrepreneurs to solve our nation’s most pressing public health and national security challenges,” he said following Senate passage. The full House is expected to extend the program prior to adjourning. 

Learn How the R&D Tax Credit Can Help Manufacturers, As ACMA Defends the Program 

ACMA will present a fireside chat at CAMX with professionals from Corporate Tax Incentives LLC related on how the research and development (“R&D”) tax credit can be optimized to maximize savings on Tuesday, October 18 from  2:00 p.m. – 2:50 p.m. PT.  Many companies are not aware that they qualify for this important program, resulting in a higher tax burden Attendees will be able to ask questions and learn from experts.  

Separately, ACMA joined the National Association of Manufacturers and other associations signing a letter on September 23 urging Congress to undo a change in the program that would prevent manufacturers from claiming the full qualifying amount the year the R&D occurs.  Due to a change made in the 2017 tax reform package, manufacturers would need to spread R&D tax credit amounts over several years.  This change would harm U.S. manufacturers and disincentive the use of the program.   

Superfund Tax Clarification Needed 

A bipartisan group of House members wrote Sept. 20 to the Treasury Department urging clarification of the Superfund chemical excise tax that was reinstated as part of the 2021 Infrastructure Investment and Jobs Act to pay for the continued cleanup of chemical waste sites. Until updated guidance is made available, tax lawyers suggest use of an IRS proposal in the Oct. 21, 1983, Federal Register (p. 48839-50). Superfund taxes must be paid when manufacturers or importers sell any of 42 listed “taxable chemicals”. See ACMA’s June 30 Insider for more information.  

OSHA Will Brief Stakeholders on Plans for PSM Standard that Could Impact Composites Manufacturers – The Occupational Safety and Health Administration has announced an Oct. 12 briefing to inform stakeholders of the agency’s planned revisions to its Process Safety Management (PSM) standard. OSHA intends to consider changes that would bring composites manufacturers with bulk resin storage under the burdensome and costly PSM rule. The agency is also considering PSM requirements for reactive materials such as organic peroxide initiators. ACMA’s Regulatory Steering Committee provided extensive comments (and here) on an earlier OSHA PSM proposal. Contact John Schweitzer for more information.