Small Business Regulatory Review and Reform Initiative

Regulatory Review and Reform (r3) Top 10 Rules, 2008
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After significant review and analysis of the 82 nominations received, the Chief Counsel for Advocacy selected the following nominations as the 2008 Top 10 rules for review and potential reform, listed here in alphabetical order by agency.

• Update Air Monitoring Rules for Dry Cleaners to Reflect Current Technology

Environmental Protection Agency (EPA)
EPA should revise outdated or inaccurate testing requirements so that modern dry cleaners can have a valid method for demonstrating compliance.
• Flexibility for Community Drinking Water Systems

Environmental Protection Agency
EPA should consider expanding the ways for small communities to qualify to meet alternative drinking water standards, provided that the alternative standards are protective of human health and are approved by state authorities.
• Simplify the Rules for Recycling Solid Waste

Environmental Protection Agency
EPA should simplify the rules for recycling useful materials that, because of their current classification, must be handled, transported, and disposed of as hazardous wastes.
• EPA Should Clearly Define “Oil” in its Oil Spill Rules
  Environmental Protection Agency
  EPA should clarify the definition of “oil” in its oil spill program, so that small facilities that store nonpetroleum-based products are not unintentionally captured by spill program requirements..

• Update Flight Rules for the Washington, DC, Metropolitan Area

Federal Aviation Administration (FAA), U.S. Department of Transportation
FAA and other agencies should review the flight restriction rule for the region surrounding Washington, DC, to determine whether the rule could be revised to avoid harming small airports within the region.
• Eliminate Duplicative Financial Requirements for Architect-Engineering Services Firms in Government Contracting

Federal Acquisition Regulation Council (FAR Council)
The duplicative retainage requirement should be removed or reduced in architect-engineering services contracts, as has been done for other services.
• Simplify the Home Office Business Deduction

Internal Revenue Service (IRS), U.S. Department of the Treasury
The IRS should revise their rules to permit a standard deduction for home-based businesses, which constitute 53 percent of all small businesses.
• Update MSHA Rules on the Use of Explosives in Mines to Reflect Modern Industry Standards

Mine Safety and Health Administration (MSHA), U.S. Department of Labor
MSHA should update its current rules to be consistent with modern mining industry explosives standards.
• Update OSHA’s Medical / Laboratory Worker Rule

Occupational Safety and Health Administration (OSHA), U.S. Department of Labor
The current rule should be reviewed to determine whether it can be made more flexible in situations where workers do not have potential exposure to bloodborne pathogens.
• Update Reverse Auction Techniques for Online Procurement of Commercial Items

Office of Federal Procurement Policy (OFPP), Office of Management and Budget
The current reverse auction techniques should be reviewed to determine whether a government-wide rule is necessary to create a more consistent and predictable online process.

Questions and Answers About the 2008 r3 Top 10 List

If you have any questions concerning recommendations for reform, please send your question to advocacy@sba.gov or contact the R3 Project Leader, Keith Holman, at (202) 205-6936 or keith.holman@sba.gov.