ILMA Compoundings February 2017 - 37

So, what could be affected by the CRA
and MRRA? The Department of Labor's
overtime rule was published before the
CRA deadline, as was the Occupational Safety and Health Administration's
(OSHA) electronic injury/illness reporting
rule. However, at press time, OIRA was
considering OSHA's final rule to clarify an
employer's ongoing obligation to accurately
record workplace injuries and illnesses;
OSHA is likely going to try again to exceed
its statutory authority and promulgate a
limitations period in excess of what is expressly outlined in the statute (six months).
Additionally, EPA's final nanoscale materials
reporting rule, which would require reporting and recordkeeping for chemicals
manufactured at the nanoscale level, is now
under consideration. Finally, several Toxic
Substances Control Act (TSCA) implementation rules were expected in the weeks
before Obama left office.
Other options exist for the Trump
administration to walk back Obama administration regulations; however, those routes
to undo final rules are more difficult and
subject to challenge. First, there is the option to be selective and relax enforcement of
objectionable rules; however, this is subject
to potential third-party legal challenges.
Second, the Trump administration may
publish a new proposed rule that would
effectively rescind the Obama-era regulation; however, this would have to follow
the requirements of the Administrative
Procedures Act. The formal rulemaking
process is long and cumbersome.
The path is much easier for rules that are
in their "proposed" stage. Any proposed
rules can simply be withdrawn or revised if
they were not published as final rules before
President Obama left office on Jan. 20.

Bryant serves as regulatory
counsel to ILMA through
Bassman, Mitchell, Alfano
& Leiter Chtd. He may be
reached at 202-386-7670 or
dbryant@bmalaw.net.

ILMA's Advocacy Agenda for 2017 (continued from page 3)
market-based reforms to allow small and
mid-sized businesses to join together
voluntarily with other employers to form
larger risk pools and purchasing arrangements across state lines. ILMA also supports
tax incentives to assist with the purchase of
health insurance and is aligned with popular
ACA provisions on pre-existing conditions
and allowing children to remain on their
parents' insurance plan to age 26.

TSCA Reform: ILMA should monitor
and participate in EPA's rulemaking related
to the Toxic Substances Control Act
reform legislation, which passed during the
previous Congress. For details on TSCA
issues, please read our White Paper on our
website, ilma.org. ILMA will be following
the reform of EPA's new chemicals program and wants to ensure the regulations
reflect congressional intent to support innovation in U.S. chemical manufacturing.

Infrastructure: Members indicated strong
support for legislative proposals to improve
the condition and performance of the
national freight network, including all
modes of transportation, to ensure goods
and products can be transported efficiently
to compete in the global economy. Because
infrastructure projects are a significant
source of lubricant demand (including hydraulic fluids and motor oils for construction equipment and machines), ILMA will
support policies intended to make it easier
for small businesses to win public contracts
that are put out to bid by governments.

OSHA/Labor Issues: ILMA should
continue to work with the Occupational
Safety and Health Administration (OSHA)
on GHS compliance issues and advocate
improvements to Hazard Communication
Standard (HCS) 2012 that effectively convey potential chemical risks to employees
while reducing the compliance burden.
Other issues of concern include legislation and regulation to restore the balance
between labor unions and employers at the

Department of Labor and National Labor
Relations Board.

TIER TWO ISSUES
Other issues ranked "very important" by
manufacturing members include:

Trade Agreements - NAFTA and TPP:
ILMA should support open and fair trade
policies where all parties play by the same
rules. Because President Trump has stated
his intent to renegotiate NAFTA, we will
work to ensure that any modifications do
not jeopardize ILMA members' cross-border business and operations.

Manufacturing Technology and Cybersecurity: ILMA supports policies and
legislation that recognize the importance
of manufacturing to a vital and sustainable U.S. economy. ILMA encourages the
continuance of research and development
funding that accelerates economic growth
and development of new manufacturing
technologies. And, with a shortage of
skilled workers, ILMA should support
proposals to develop the next generation
of workers. Finally, with increasing cyber
vulnerabilities, ILMA should support
government and industry efforts to develop effective cybersecurity technologies to
ensure data security and protect intellectual property.

EPA Amendments to Spill Prevention
Control and Countermeasure (SPCC):
ILMA will participate in EPA's rulemaking
that expands SPCC rule to "hazardous substance" aboveground storage tanks (ASTs).

To learn more about all of these
issues and stay up to date, please
visit ilma.org. Also, watch your
email for frequent updates in our
weekly newsletter, ILMA Digest,
delivered each Friday.

http://www.ilma.org http://www.ilma.org

ILMA Compoundings February 2017

Table of Contents for the Digital Edition of ILMA Compoundings February 2017