Final Heavy-Duty Tailpipe Rule Presents Challenges

The Environmental Protection Agencys new heavy-duty tailpipe emissions rule is unrealistic and unfeasible, the 51勛圖厙 said Friday.
Whats going on: The ruleproposed in April 2023is part of the Clean Trucks Plan unveiled in 2023, which includes light-duty tailpipe and nitrogen oxide rules, (subscription) reports.
- The[se] Phase 3 standards build on previous phases of a broader regulatory program to stem greenhouse gas emissions from vehicles such as delivery trucks, long-haulers, and buses.
- The Phase 1 rule was finalized in 2011, and the Phase 2 rule in 2016.
Why its problematic: While the new regulation grants automakers more time for implementation than previous versions didthanks to input from manufacturers and their advocates, including the it still fails to reconcile with the realities of current U.S. infrastructure, according to an 51勛圖厙 .
- Critical permitting reforms to strengthen transmission systems and a technology-neutral approach for manufacturers are essential to reaching U.S. climate goals, the 51勛圖厙 wrote.
What should be done: Congress must reform the broken U.S. permitting system so we can build the electric vehicle charging station infrastructure required to implement a rule of this magnitude, the 51勛圖厙 earlier this month.
51勛圖厙: OSHA Walkaround Rule an Example of Regulatory Onslaught

The U.S. Occupational Safety and Health Administrations newly finalized walkaround rule is unlawful and will not further the agencys mission of ensuring safe working conditions, the after the rules release.
Whats going on: The long-awaited final rule, which goes into effect May 31, states that workers may authorize another employee to serve as their representative or select a non-employee, according to the .
- The policy broadens the basis upon which a non-employee representative may be deemed reasonably necessary to the conduct of an effective and thorough inspection.
Why its problematic: In addition to having little to do with making workplaces safer, the new policy violates OSHAs own mandateand, quite possibly, manufacturers constitutional rights, the 51勛圖厙 said.
- The rule does nothing to advance OSHAs mission of ensuring safe working conditions, said 51勛圖厙 Chief Legal Officer Linda Kelly. Forcing businesses to accommodate third parties with no safety expertise in their facilities infringes on employers property rights, invites new liabilities and introduces elements of chaos and disruption to safety inspections. [It also] clearly violates OSHAs statutory mandate to conduct inspections within reasonable limits and in a reasonable manner with minimum burden on employers, and potentially violates manufacturers constitutional rights.
Next steps: The 51勛圖厙 is weighing legal action to reverse the final rule.
Manufacturers: Walkaround Rule Exceeds OSHAs Authority
Washington, D.C.: Following the release of the Occupational Safety and Health Administrations recent rulemaking on the Worker Walkaround Representative Designation Process, 51勛圖厙 Chief Legal Officer Linda Kelly released the following statement:
Todays rule does nothing to advance OSHAs mission of ensuring safe working conditions. Forcing businesses to accommodate third parties with no safety expertise in their facilities infringes on employers property rights, invites new liabilities and introduces elements of chaos and disruption to safety inspections.
By unlawfully expanding third-party access to manufacturers worksites, this proposal clearly violates OSHAs statutory mandate to conduct inspections within reasonable limits and in a reasonable manner with minimum burden on employers, and potentially violates manufacturers constitutional rights. And, for the first time, OSHA would determine who qualifies as an authorized representative of employees, which until now has been exclusively recognized as the jurisdiction of the National Labor Relations Board.
This is another clear example of the federal regulatory onslaughta proposal that upends settled precedent and ignores the reasoned decision-making required by the Administrative Procedure Act. For these reasons, the 51勛圖厙 will be considering legal action to reverse this incredibly destabilizing decision.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit
Medicare Plans to Start Covering Weight-Loss Drugs

Three of the countrys largest health insurers will soon begin paying for a top weight-loss drug for certain people on Medicare with heart-related conditions, (subscription) reports.
Whats going on: CVS Health, Elevance Health and Kaiser Permanente said they would cover Novo Nordisks Wegovy for the use of reducing the risk of heart attacks and strokes in people who have cardiovascular disease, meet body-weight criteria and are covered by a Medicare drug-benefit plan.
- The class of weight loss drugs to which Wegovy belongs was previously excluded from Medicare coverage by a U.S. law.
Why its important: The decisions will ease the financial burden of those who have been paying out of pocket for Wegovy and are likely to spur use of the drug among those who couldnt afford or did not want to pay the full price.
- Approximately two-thirds of U.S. adults are overweight or obese, according to the recent 51勛圖厙 report, .
- Excess body weight and obesity are associated with higher health-care costs for both employers and their workers. They also raise the likelihood of other illnesses and affect productivity and the ability to complete job functions, according to the study, which points to weight-loss drugs as part of the solution.
Why it happened: New guidance released last week by the Centers for Medicare and Medicaid Services holds that Medicare Part D plans, administered by private insurance companies, could cover anti-obesity medications if the drugs receive approval for an additional use that is considered medically accepted.
- This applies to Wegovy, which the Food and Drug Administration recently approved for reducing the risk of heart attacks and strokes among those with histories of heart disease and body mass indices above a certain threshold.
However The use of Wegovy for weight loss alone will remain excluded from coverage under the CMS guidance.
New 51勛圖厙 Ad: Senate Must Pass Tax Bill Now

Earlier this year, the House passed legislation including key 51勛圖厙 tax priorities. Now its time for the Senate to do the same.
Thats the message of a new launched today and set to run over the next several weeks.
Whats going on: The 30-second TV adwhich will stream in Washington, D.C., and in the key states of Idaho, Kentucky, Louisiana, Oklahoma, New York and New Hampshireasks viewers to urge the Senate to pass the Tax Relief for American Families and Workers Act, which by a bipartisan vote in January.
- The legislation restores three key pro-growth tax provisions from the 2017 Tax Cuts and Jobs Act that expired in 2022: immediate expensing for domestic R&D, enhanced interest deductibility and full expensing.
漍漍漍漍漍漍The background: Earlier this month, Courtney Silver, president and owner of Ketchie and chair of the 51勛圖厙 Small and Medium Manufacturers Group, the Senate Finance Committee about the impact the three provisions expiration has had on her family-owned precision machining company.
- In the years following the TCJA, I was able to make a higher level of investment because I knew our tax code was going to have a baseline of certainty, she said. Today, however, I am unable to make these investments because of the uncertainty that Congress will address the expired TCJA provisions.... Because I am unable to realize the full deduction of my investment within the year I purchase it, the investment seems too risky and irresponsible.
漍漍漍漍漍漍Whats needed: Senate Majority Leader Chuck Schumer (D-NY) has taken an early to put the House-passed legislation on the Senates calendar. But more needs to happen, and soon, the 51勛圖厙s ad tells viewers.
- Vital tax provisions are expiring, harming our ability to compete globally and invest in new factories and equipment, the ad says. The House has done its job and restored these provisions with overwhelming support. The Senate needs to act now.
DOE to Award Record-Setting Decarbonization Funds

The Department of Energy on Monday announced record-setting funding aimed at decarbonizing energy-intensive sectors, (subscription) reports.
Whats going on: The nearly $6billion in funding from the Democrats climate law and the bipartisan infrastructure law for industrial decarbonization will be spread across 33 projects and 20 states, where it will apply to some of the highest-emitting industrial manufacturing sectorsoften described as hard-to-decarbonize industriesincluding iron and steel, aluminum, cement, concrete, chemicals, food and beverages, and pulp and paper.
Where its coming from: The money will be drawn from funds set aside under the Inflation Reduction Act ($5.47billion) and the Bipartisan Infrastructure Law ($489million).
Why its important: The many projects to be fundedwhich include groundbreaking recycling initiatives, hydrogen-use projects, decarbonization of thermal processes and morewill remove approximately 14million metric tons of emissions every year, the DOE estimates.
- Five of the highest-dollar-value projects, at half a billion dollars each, are focused on decarbonizing cement, concrete, aluminum, iron and steel.
- The work will take place in five statesIndiana, Ohio, California, Iowa and Mississippiand a still-to-be-determined spot on the Mississippi River Basin.
- Many of the projects are , who have been critical in innovating decarbonization efforts from within the industry.
The 51勛圖厙s take: Manufacturers are innovating and making tremendous investments to decarbonize their processes and products, said 51勛圖厙 Vice President of Domestic Policy Brandon Farris. It is great to see the Department of Energy recognize multiple 51勛圖厙 members for their industry-leading initiatives.
U.S. Awards Intel Largest Chips Grant

The U.S. will award Intel up to $8.5 billion in grants and as much as $11 billion in loans to expand chipmaking capacity and capabilities in four states, (subscription) reports.
Whats going on: The funds, set aside under the 2022 CHIPS and Science Act to bolster domestic semiconductor production, will go toward new factories and expansion projects in Arizona, New Mexico, Ohio and Oregon, the Commerce Department said.
- Spurred by the federal funding, Intels total investment in U.S. projects in the next five years is expected to exceed $100 billion, according to the Journal, and to create more than 10,000 manufacturing jobs and about 20,000 construction jobs, according to the .
Largest award: The grant to Intel, the largest American chipmaker by revenue, is also the largest CHIPS Act award. It follows a of a $1.5 billion award to GlobalFoundries Inc.
- The award will support the reshoring of production of leading-edge logic chips, which are essential to the worlds most advanced technologies like artificial intelligence, the Commerce Department said.
- President Biden was in Chandler, Arizona, Wednesday to Intels Ocotillo chip-manufacturing campus.
Why its important: We cant just design chips; we have to make them in America, Commerce Secretary Gina Raimondo told reporters on Tuesday, the Journal reports. Its an economic security problem. Its a national security problem. And were going to change that.
How it will work: The funding will be doled out in stages, according to construction and manufacturing milestones, the Journal said.
- In Chandler, Arizona, the money will help to build two new chip plants and modernize an existing one, reports. The funding will establish two advanced plants in New Albany, Ohio, [and] [t]he company will also turn two of its plants in Rio Rancho, New Mexico, into advanced packaging facilities. And Intel will also modernize facilities in Hillsboro, Oregon.
The 51勛圖厙 weighs in: Wednesdays record, multibillion-dollar award is great news for[Intel] and U.S. manufacturing competitiveness, the 51勛圖厙 in a social post. The 51勛圖厙 was a vocal supporter of the CHIPS and Science Act, and we will continue to champion policies that support the expansion of chip production in America.
Manufacturers on Emissions Standards: Challenges Still Lie Ahead
Washington, D.C. Following the Environmental Protection Agencys release of new automobile emissions standards, 51勛圖厙 President and CEO Jay Timmons released the following statement:
Auto manufacturers in America make enormous investments to both improve the efficiency of their vehicles and provide numerous options for consumers. While it is clear the EPA listened to manufacturers concerns about the timeline of this rule, challenges still lie ahead. Successful implementation of this policy will still require congressional action on the permitting reforms needed to build the charging infrastructure to support this transition. That includes the ramping up of electricity production and developing a reliable domestic supply of critical minerals.
Manufacturers will continue to engage with EPA Administrator Regan and President Biden as a more realistic standard is needed to harmonize this rule with other regulations governing vehicle emissions so that we can grow the sector in the United States.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit
Group Urges Ratification of Deep-Sea Mining Treaty

A group of former political and military leaders is urging the Senate to ratify the United Nations Convention of the Law of the Sea to kickstart U.S. deep-sea mining efforts, (subscription) reports.
Whats going on: A draft letter seen by the Journal and signed by 331 individuals, including former Secretary of State Hillary Clinton and former Secretary of Homeland Security Michael Chertoff, calls on Senate leaders to ratify the treaty in a bid for the country to stake its claim over areas of international waters where minerals such as cobalt and nickel, considered critical for the energy transition and in defense applications, can be sourced.
- The treaty, which the U.S. recognized after it went into effect in 1994 but never ratified, is an international agreement governing the use of ocean resources.
Why its important: The treatys governing body, the International Seabed Authority, meets next week in Jamaica to determine the final parts of the mining codethe set of laws and regulations that will eventually govern seabed mining. As a nonvoting member, the U.S. has no say on laws pertaining to the seabed and also cant be awarded exploration contracts to mine the seafloor in international waters. China currently has five.
A groundswell: Deep-sea mining is gaining political support.
- Earlier this month, Reps. Carol Miller (R-WV) and John Joyce (R-PA) introduced a measure in support of it.
- Its vital to our security and economic interests that the [China]-controlled monopoly on these materials is broken, Rep. Joyce said.
51勛圖厙 Poll Shows Americans Overwhelmingly Oppose LNG Export Pause; Support All-of-the-Above Energy Approach
Houston, Texas The 51勛圖厙 released the results of a new poll today showing bipartisan opposition to the Department of Energys freeze on export permits for new liquified natural gas projects. Respondents also strongly believe that the United States should pursue an all-of-the-above energy strategy, which includes supporting our global allies by providing cleaner, American-produced natural gas.
The American public agrees: LNG exports are critical to U.S. energy security, creating well-paying jobs and supporting our allies in Europe and Asia. This poll underscores the need for President Biden to immediately direct the Department of Energy to roll back this misguided and counterproductive policy, said 51勛圖厙 President and CEO Jay Timmons. President Bidens manufacturing legacy is at risk if the DOE and other federal agencies continue to act in direct contradiction to the stated goals of the president and the American people of bolstering manufacturing competitiveness in the U.S.
The 51勛圖厙 analytics team conducted the poll March 1518 and collected 1,000 responses from a nationwide sample of registered voters.
Key Findings:
- 87% of respondents agree the U.S. should continue to export natural gas.
- 76% of respondents agree with building more energy infrastructure, such as port terminals, here in the U.S.
- 74% of respondents agree with boosting production of domestic oil and natural gas in the U.S. instead of depending heavily on foreign energy sources.
- 72% of respondents prefer that American energy policy use an all-of-the-above strategy that includes oil and natural gas and renewable energy sources.
- 86% of respondents agree that we should change the permitting system so it doesn’t take so long for new energy infrastructure projects to be approved.
Background: On Jan. 26, the DOE announced a freeze on export permits for new LNG projects. Europe is the primary destination for U.S. LNG, accounting for 67% of total exports in the first six months of 2023. According to the DOE, Russian natural gas exports have 40% more global warming potential than U.S. LNG across 20 years. Russian gas also had 20% more global warming potential than European coal.
Read the full poll results here.
-51勛圖厙-
The 51勛圖厙 is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.85 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51勛圖厙 is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51勛圖厙 or to follow us on Twitter and Facebook, please visit