March 2022 / Vol. 27 No. 3
EPA Extends Compliance Date for Articles Containing PIP (3:1)
As a follow-up to the September 2021 announcement on the path forward for five rules restricting the use of chemicals, the U.S. Environmental Protection Agency (EPA) is extending the compliance dates related to articles containing phenol, isopropylated phosphate (3:1) (PIP (3:1)), until October 31, 2024.
NEMA has actively opposed the rule by submitting comments to EPA and working with other organizations and trade associations to demonstrate the damaging effect implementation of this rule would have on manufacturing and commerce.
The original compliance deadline was extended just days after NEMA and its coalition partners sued the EPA to challenge its unreasonable compliance period. We have kept our lawsuit on hold while EPA continues to provide regulatory extensions to the compliance period.
As indicated in the agency's September 2021 announcement, EPA intends to issue a proposal for a new separate rulemaking on all five Persistent Bioaccumulative Toxic (PBT) chemicals in the spring of 2023. EPA is considering revising all five of the final rules to further reduce exposures, promote environmental justice, and better protect human health and the environment.
While the extension announcement is good news, NEMA will continue to closely monitor this issue and provide updates through the Materials Management Council.
— Todd Sims, Director of Government Relations, NEMA
FAR Council Publishes Amendments to the Buy American Act Requirements
The Federal Acquisition Regulation (FAR) Council has published the final rule pursuant of Executive Order 14005 amending the Buy American Act Requirements. Notably, the final rule will incrementally increase the domestic content threshold, eventually reaching 75% by 2029. Additionally, the rule does include a higher price preference for domestic products deemed "critical" but does not include specifics on what products will be considered "critical." The rule will take effect October 25, 2022.
— Madeleine Bugel, Senior Manager, International and Trade
DOE External Power Supplies and Battery Charger Rulemakings
On February 25, 2022, the US Department of Energy published a preliminary Technical Support Document (pTSD) regarding potential revisions to energy conservation standards for external power supplies. There will be a public webinar on March 24th and comments are due April 26th. In related proceedings, on March 3, 2022, DOE published a pTSD regarding potential revisions to energy conservation standards for battery chargers. A public webinar will be held April 21st and comments are due May 2nd. ***These products range across several NEMA sections and divisions, making the development of consensus comments challenging using our normal contact lists. NEMA seeks to establish a cross-division working group to review, discuss and comment on these two product areas moving forward.
— Alex Boesenberg, Director of Regulatory Affairs, NEMA
DOE Electric Motor Standards Rulemaking
On March 2, 2022, the US Department of Energy published the preliminary Technical Support Document (pTSD) regarding potential expansion of scope of and revisions to energy conservation standards for electric motors. In the pTSD, DOE proposes to add several new product classes to scope: synchronous motors, inverter-only motors, air over motors and a new category small non-small electric motors (SNEM). The perceived intent behind the oddly named SNEM is that these "not small" electric motors, common to appliances and other consumer and light commercial products will come into regulation, skirting an existing statutory prohibition preventing small motors in appliances from double regulation. This change brings concern for double regulation of numerous appliance categories which use special- and definite-purpose small electric motors today. NEMA is forming a coalition with other trade associations whose members make products using these non-small electric motors to discuss our options and engage in support of our customers against double-regulation.
— Alex Boesenberg, Director of Regulatory Affairs, NEMA
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