One Voice | Government Advocacy for the Metalworking Industry

On the first anniversary of Russia’s war with Ukraine, President Biden announced the addition of increased tariffs on certain Russian products, including a 200 percent tariff on aluminum and articles of aluminum from Russia. The 200 percent tariff on Russian-made aluminum will go into effect on March 10. On April 10, the U.S. will begin imposing a 200 percent tariff "aluminum articles where any amount of primary aluminum used in the manufacture of the aluminum articles is smelted in Russia, or the aluminum articles are cast in Russia, and derivative aluminum articles where any amount of primary aluminum used in the manufacture of the derivative aluminum articles is smelted in Russia, or the derivative aluminum articles are cast in Russia."

 

Additionally, the White House has established new duties of 35 percent or 70 percent on certain products while also increasing duties from 35 percent to 70 percent on metals and metal products. Duties were first imposed on these products by the Biden Administration in June 2022. Together these actions will result in increased tariffs on more than 100 Russian metals, minerals, and chemical products worth $2.8 billion.

 

House Republicans will force a vote on a resolution to overturn the Biden administration’s Waters of the United States (WOTUS) rule this week. On February 28, the House Transportation and Infrastructure Committee voted to pass the resolution to overturn the rule, teeing up the resolution for a floor vote where it is expected to pass.

 

The Congressional Review Act (CRA) resolution would repeal the WOTUS phase 1 rule, announced by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) in late December 2022 and formally released on January 18, 2023, as well as bar agencies from reissuing any regulations that are "substantially similar" to what has been repealed.

 

The phase 1 rule interprets WOTUS to include: traditional navigable waters; the territorial seas; interstate waters; most impoundments of WOTUS, like reservoirs; tributaries to traditional navigable waters, interstate waters, the territorial seas, and impoundments that meet either the relatively permanent standard or the significant nexus standard; wetlands adjacent to other jurisdictional waters, that meet either the relatively permanent standard or the significant nexus standard; and "other waters" that meet either the relatively permanent standard or the significant nexus standard.

 

The relatively permanent test includes “relatively permanent, standing or continuously flowing bodies of water,” such as streams, rivers, or lakes; and wetlands that have a “continuous surface connection” to other waters subject to the CWA. The significant nexus standard, states wetlands must have a “significant nexus” to traditionally navigable waters which “exists when the wetland, either alone or in connection with similarly situated properties, significantly impacts the chemical, physical, and biological integrity of a traditionally navigable water, the territorial seas, or interstate waters.”

 

The CRA process in Congress just needs a simple majority in both chambers to pass the resolution and isn’t subject to a filibuster in the Senate. And even in the Democratic-controlled Senate, the measure would be considered a “privileged resolution,” which compels the majority to schedule a vote.

 

Should the Senate secure enough votes to pass the CRA, President Biden is certain to veto the resolution and there will not be enough votes to override a veto.

 

 

The Occupational Safety and Health Administration (OSHA) is looking to modernize the Voluntary Protection Program (VPP), a program established in 1982 to grant official OSHA certifications to workplaces that maintained excellent workplace safety and health. OSHA’s goals in potentially updating the VPP are to “modernize, expand, and enhance the pathways to the VPP program.”

 

Specific goals include aligning VPP with recent safety practices and standards; investigating how it can help expand the use and effectiveness of safety and health management systems (SHMS); determining whether the program could incorporate "resources and tools" like third-party audits or privately developed consensus standards "without compromising effectiveness and oversight"; and considering whether particular hazards or categories require "special attention" in the certification process.

 

OSHA is seeking input on nine specific aspects of VPP: incentives for employers to participate; methods of assessing SHMS effectiveness; potential use of consensus standards in the program; possible roles for either private certification bodies or certified health and safety professionals in VPP reviews; a "tiered" approach to the program; potential reforms to OSHA's administration of VPP; the role of "special governmental employees" (SGE) in the process; and the program's name.

 

OSHA is accepting public comments through April 14, 2023.