American Coatings Association

DOC Seeks Feedback on White House Regulatory Streamlining Memorandum


In response to President Trump’s Memorandum, Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing, issued on Jan. 24, 2017, the Department of Commerce (DOC) is seeking specific information about the impact of federal permitting regulations and general regulations on U.S. manufacturers to streamline federal permitting processes for domestic manufacturing and to reduce regulatory burdens affecting domestic manufacturers.

The deadline to submit comments on DOC’s Docket Number 170302221-7221-01 is 5:00 pm on March 31, 2017.

DOC Request for Information (RFI)

DOC’s RFI, “Impact of Federal Regulations on Domestic Manufacturing,” aims for stakeholder feedback on how the construction, operation, and expansion of domestic manufacturing facilities are affected by:

  1. the process of acquiring federal permits required for the construction, expansion, or operation of such facilities; and
  2. the burdens of complying with federal regulations for manufacturing facility construction, expansion, or operation.

Specifically, DOC submissions should contain the following information.

General Information

  1. NAICS code(s)
  2. What do you manufacture?
  3. Where are your facilities located?
  4. How many employees?
  5. Approximate sales revenue?

 Manufacturing Permitting Process

  1. How many permits from a federal agency are required to build, expand or operate your manufacturing facilities? Which Federal agencies require permits and how long does it take to obtain them?
  2. Do any of the federal permits overlap with (or duplicate) other federal permits or those required by State or local agencies? If the answer is yes, how many permits? From which Federal agencies?
  3. Briefly describe the most onerous part of your permitting process.
  4. If you could make one change to the Federal permitting process applicable to your manufacturing business or facilities, what would it be? How could the permitting process be modified to better suit your needs?
  5. Are there Federal, State, or local agencies that you have worked with on permitting whose practices should be widely implemented? What is it you like about those practices?

Regulatory Burden/Compliance

  1. Please list the top four regulations that you believe are most burdensome for your manufacturing business. Please identify the agency that issues each one. Specific citation of codes from the Code of Federal Regulations would be appreciated.
  2. How could regulatory compliance be simplified within your industry or sector?
  3. Please provide any other specific recommendations, not addressed by the questions above, that you believe would help reduce unnecessary federal agency regulation of your business.

ACA to Submit Industry Feedback on Burdensome Regulations

On Feb. 24, President Donald Trump issued an Executive Order, “Enforcing the Regulatory Reform Agenda.” The executive order directs federal executive agencies to designate an agency official as its Regulatory Reform Officer (RRO). The order mandates each RRO to oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms, consistent with applicable law.

In addition, each agency is required to establish a Regulatory Reform Task Force (RRTF) to evaluate existing regulations and make recommendations regarding repeal, replacement, or modification. Each RRTF is required to develop a list of regulations that:

  • Eliminate jobs, or inhibit job creation;
  • Are outdated, unnecessary, or ineffective;
  • Impose costs that exceed benefits;
  • Create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies.

RRTFs must seek input and other assistance from affected stakeholders, including trade associations.

ACA is building on its list of burdensome regulations it believes deserve reconsideration. This list includes the following:

Environmental Protection Agency Regulations


  • The 8-Hour Ozone Standard, EPA–HQ–OAR–2008–0699;
  • Hazardous Waste Generator Improvements, EPA-HQ-RCRA-2012-0121
  • Definition of the Waters of the United States “WOTUS”, EPA-HQ-OW-2011-0880 (EPA and the Army Corps of Engineers have already announced their intention to revise or rescind the final rule on “WOTUS”);
  • Regulations under Implementation of the amended Toxic Substances Act (TSCA)
  • Extending the Review of the Ozone Standard to Every 10 Years
  • Relief from “once in, always in” Policy under National Emission Standards for Hazardous Air Pollutants for Source Categories
  • Saltwater BLM for Antifouling Coatings
  • Reactivity Factors for Aerosol Coatings

The Department of Labor, Occupational Safety and Health Administration


  • Improved Tracking of Workplace Injuries and Illnesses, OSHA-2013-0023
  • Harmonization of HCS and GHS

While these are some examples of burdensome rules for the paint and coatings industry, they may not be exhaustive and do not address permitting requirements. As such, ACA is seeking input from its members regarding permitting requirements for the building, expansion, or operation of their facilities, as well as any additional information on cost of implementation, obsolescence, or inconsistency with other federal or state regulations.

ACA asks members to submit any relevant information by March 20, 2017.

Contact ACA’s Heidi McAuliffe for more information.