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Revised Data Requirements for EPA Registration of Antimicrobial Products

(STR Trade Report)

The Environmental Protection Agency has issued a final rule that, effective July 8, will revise the data requirements for antimicrobial pesticide products to reflect current scientific and regulatory practice and provide clearer and transparent information about the data needed to support pesticide registration decisions for antimicrobial products.

Those who may be affected by this rule include importers of pesticide products, antifoulants, antimicrobial pesticides or wood preservatives. EPA sources state that this rule may result in more data requirements for some antimicrobial products but fewer for others, depending on the nature of the product and its use and exposure patterns. Potentially affected companies are encouraged to engage with the EPA to determine what specific tests and requirements may apply to their products. Read more here.
 


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Canadian Shipowners Association Questions EPA Vessel Permit

(Journal of Commerce)

The Canadian Shipowners Association has expressed concern regarding a permit published by the U.S. Environmental Protection Agency, saying that it could threaten the commercial viability of its members’ ships and have an impact on the operations of the industries they serve.

The EPA’s vessel general permit applies to the discharge of ballast water by ships, in line with international shipping standards set by the U.S. Coast Guard. CSA is questioning the scientific basis of the permit’s application to Canadian domestic vessels. Read more here.
 


EPA Withdraws Reporting Requirement for Importers of Cadmium-Containing Products

(STR Trade Report)

The Environmental Protection Agency will reportedly soon withdraw a final rule that would have imposed a new requirement as of Jan. 2, 2013, for manufacturers (including importers) of cadmium or cadmium compounds, including as part of an article, that have been or are reasonably likely to be incorporated into consumer products to report certain unpublished health and safety studies to the EPA. For purposes of this rule, which was issued under section 8(d) of the Toxic Substances Control Act, “consumer product” was defined to mean any product that is sold or made available to consumers for their use in or around a permanent or temporary household or residence, in or around a school, or in or around recreational areas. The EPA said that due to the potential health effects of exposure to cadmium or cadmium compounds it is concerned about the possible presence and bioavailability of these substances in consumer products generally and especially those used by or around children.
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Biofuel Credits Behind Mystery Cross-border Train Shipments

(CBC News)

Back and forth shipments prompt accusation of fraud, EPA and CBSA probes

The mystery of the trainload of biodiesel that crossed back and forth across the Sarnia-Port Huron border without ever unloading its cargo, as reported by CBC News, has been solved.

CBC News received several tips after a recent story about a company shipping the same load of biodiesel back and forth by CN Rail at a cost of $2.6 million in the summer of 2010. It turns out the shipments were part of a deal by a Toronto-based company, which made several million dollars importing and exporting the fuel to exploit a loophole in a U.S. green energy program. Read more here.

 Related: CN Rail Vows Co-operation in Mystery Train Biofuels Probe
 


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Advance Notice for Imports of Nine Chemicals Used in Apparel and Paper Proposed by EPA

(ST&R Trade Report)

The Environmental Protection Agency has issued a proposed rule that would require persons who intend to import, manufacture or process specified chemical substances for an activity designated as a significant new use to notify EPA at least 90 days prior. Entities potentially affected by this rule include those who plan to use the listed substances in conjunction with apparel and other finished products made from fabrics, leather and similar materials, those that plan to use the listed substances in conjunction with paper and allied products, and importers, manufacturers or processors of the listed substances in printing inks. Comments on this proposal are due no later than June 26.

This rule would add (a) nine benzidine-based chemical substances to the significant new use rule on benzidine-based chemical substances, (b) a SNUR for di-n-pentyl phthalate (DnPP) (1,2-benzenedicarboxylic acid, 1,2-dipentyl ester) and (c) a SNUR for alkanes, C12-13, chloro. In the case of the benzidine-based chemical substances, EPA is also proposing to make inapplicable the reporting exemption relating to persons that import or process substances as part of an article.

This rule may also affect certain entities through pre-existing import certification and export notification rules under the Toxic Substances Control Act. Persons who import any chemical substance governed by a final SNUR are subject to the TSCA section 13 (15 USC 2612) import certification requirements and the corresponding regulations at 19 CFR 12.118 through 12.127. Those persons must certify that the shipment of the chemical substance complies with all applicable rules and orders under TSCA, including any SNUR requirements. In addition, any persons who export or intend to export a chemical substance that is the subject of a proposed or final SNUR are subject to the export notification provisions of TSCA section 12(b) (15 USC 2611(b)) and must comply with the export notification requirements in 40 CFR part 707, subpart D.
 


EPA Proposes to Limit New Uses of Five Groups of Potentially Harmful Chemicals

(ST&R Trade Report)

The Environmental Protection Agency has proposed that companies be required to report all new uses, including in domestic or imported products, of five groups of potentially harmful chemicals: polybrominated diphenylethers (PBDEs), benzidine dyes, a short chain chlorinated paraffin, hexabromocyclododecane (HBCD) and phthalate di-n-pentyl phthalate (DnPP). These chemicals have been used in a range of consumer products and industrial applications, including paints, printing inks, pigments and dyes in textiles, flame retardants in flexible foams, and plasticizers. An EPA official noted that although a number of these chemicals are no longer manufactured or used in the U.S. they can still be imported in consumer goods or for use in products.

According to an EPA press release, the proposed significant new use rules under the Toxic Substances Control Act would require anyone who intends to manufacture, import or process any of these chemicals for an activity that is designated as a significant new use to submit a notification to EPA at least 90 days before beginning the activity. This notification means that EPA can evaluate the intended new use and take action to prohibit or limit that activity if warranted.

In addition, EPA plans to issue a proposed test rule that would require manufacturers or processors to conduct testing on the health and environmental effects of PBDEs.
 


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$680,000 Penalty on Chinese Manufacturers for Importing Uncertified Recreational Vehicles

(World Trade Interactive)

The Environmental Protection Agency announced Jan. 11 a settlement with three Chinese manufacturers to resolve violations of the Clean Air Act related to the importation of 7,115 uncertified recreational vehicles. According to an agency press release, two of these companies allegedly held certificates of conformity that were voided by the EPA following an investigation of a California-based certification services consulting firm that allegedly used false or incomplete information to certify vehicles under the CAA for four of its clients. These certificates allowed the importation and sale of more than 24,000 recreational vehicles that did not meet CAA standards, more than 7,000 of which were manufactured by the third company at issue.

The CAA prohibits any vehicle or engine from being imported and sold in the U.S. unless it is covered by a valid EPA-issued certificate of conformity indicating that the vehicle or engine meets applicable federal emission standards. This enforcement action is part of an ongoing effort to ensure that all imported vehicles and equipment comply with CAA requirements.
 


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Thousands of Canadian Great Lakes-Seaway Jobs Threatened by N.Y. Rule: Study

(Ross Marowits — The Canadian Press)

Thousands of Canadian jobs are threatened if New York state sticks with plans for tougher new ballast water standards that could choke off trade through the St. Lawrence Seaway, says a study released Tuesday. The industry-sponsored study suggests that the new rules could cause Canada to suffer three-quarters of 72,000 jobs lost along the 3,700-kilometre Great Lakes and St. Lawrence Seaway network.

More than $2.5 billion in employee income, $8.6 billion of business revenues and $1 billion of taxes would also be at risk in Canada if all traffic through the state is halted by new regulations set to take effect in 2013.

The St. Lawrence Seaway Management Corp. and its U.S. counterpart argue that the New York regulation is “technologically unachievable.”  It said a U.S. Environmental Protection Agency evaluation in July concurred. But Judith Enck – the top EPA official in New York who helped draft the New York rules when she worked for the state – recently told U.S. media that the regulations are designed to spur development of new technologies.  Implementation of the regulations was delayed 20 months because the technology doesn’t yet exist.

The rule will require all ships transiting the waters to install treatment equipment to sterilize ballast water that is 100 to 1,000 times international standards. Read more here.
 


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Fuel-Efficiency Programme Would Save U.S. Hauliers Billions

(International Freighting Weekly – Pete Goldin)

Plan for new standards on emissions will bring huge benefits for trucking firms, claim agencies

The US Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration have proposed the first programme to reduce greenhouse gas emissions and improve fuel efficiency for trucks.

The two agencies are proposing emission standards under the Clean Air Act and fuel efficiency standards under the US’s Energy Independence and Security Act.

They claim the new rules would establish a national programme designed to “address dependence on oil, and global climate change, while enhancing American competitiveness and reducing freight costs”. Read more here.
 


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EPA to Clarify Labeling Requirements for Pesticides and Devices Intended for Export

(World Trade Interactive)

The Environmental Protection Agency is proposing to revise its regulations on the labeling of pesticides and devices intended for export in order to increase their understandability and ease of use. Comments on this proposed rule are due no later than June 6.

The Federal Insecticide, Fungicide and Rodenticide Act requires that unregistered pesticides and devices intended for export be subject to several provisions that include labeling, production reports, inspection of establishments, and reporting and recordkeeping. FIFRA further requires that exporters obtain a purchaser acknowledgement statement before exporting an unregistered pesticide (but not a device).

Regulations interpreting these requirements were published in 1993 and have not been amended since. EPA states that a recent internal review determined that these regulations are not as clear as intended and that the resulting ambiguity might have led to uncertainty in compliance. EPA is therefore proposing to add a more specific labeling requirement to clarify that these requirements pertain to unregistered export pesticide products and devices not only once they are exported from the U.S. but also as they move between registered establishments operated by the same producer in the U.S. EPA anticipates that this requirement would take effect one year after a final rule is published in the Federal Register.


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EPA Removes Saccharin From Hazardous Substances List

(FoodNavigator.com – Caroline Scott-Thomas)

The U.S. Environmental Protection Agency (EPA) has removed saccharin and its salts from its list of hazardous substances, saying that the sweetener is no longer considered to be harmful to human health. The agency announced its intention to remove the sweetener from its hazardous substances list in April, and received no comments opposing the proposal.

Saccharin was first identified as a potential human carcinogen by the EPA’s Carcinogen Assessment Group in 1980, but it now says there is not sufficient evidence to suggest that the sweetener is linked to cancer in humans. Saccharin is a non-nutritive sweetener about 300 times sweeter than sugar, primarily used in the food industry to sweeten diet soft drinks, cakes, biscuits, confectionery, dressings, sauces, processed fruit and sweet spreads.

The EPA proposed removing saccharin from hazardous substances lists after receiving a petition from the Calorie Control Council (CCC), a trade association that represents the low-calorie and reduced-fat food and beverage industry. The CCC pointed out that the National Toxicology Program and the International Agency for Research on Cancer have both already reviewed the scientific data and removed saccharin from their lists of toxic substances as a result. Read more here and here.


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Streamlined Evaluation of Environmental Impacts of Northern Border Security Activities

(World Trade Interactive)

U.S. Customs and Border Protection has announced that it will prepare a single programmatic environmental impact statement, rather than four, to identify and assess the potential impacts on the human environment of ongoing and potential future border security activities along the U.S.-Canada border. These activities may include improving cargo scanning techniques, developing and using enhanced communication technologies, and enhancing comprehensive response, interdiction and detention capabilities.

CBP has determined that it would be preferable to produce one document covering the entire northern border, with sections for each of the four regions previously identified (New England, the Great Lakes, states east of the Rocky Mountains and states west of the Rocky Mountains), to ensure that it effectively analyzes and conveys impacts that occur across the entire border area. The overall anticipated area of study, extending approximately 100 miles south of the border, will remain the same.


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Agencies Work Together to Protect the Public from Unsafe Imports

(CBP)

Agency heads and other senior leaders from 10 federal agencies met today [October 21] at the Interagency Import Safety Conference to focus on efforts to protect the health and safety of the American consumer and the environment from unsafe imports.

Participants included executives from the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Animal and Plant Health Inspection Service; the U.S. Consumer Product Safety Commission; the Environmental Protection Agency; the Food and Drug Administration; the Food Safety and Inspection Service; the National Highway Traffic Safety Administration; the National Marine Fisheries Service and Department of Homeland Security agencies U.S. Customs and Border Protection and Immigration and Customs Enforcement.

The agency leaders affirmed their commitment to import safety by agreeing to six key principles of import safety, providing a foundation for further collaboration and cooperation among the agencies charged with protecting American consumers from unsafe imports. The principles call for:

1. The creation of an interagency forum of senior representatives dedicated to import safety cooperation;
2. Continued commitment to information sharing across federal agencies involved in import safety concerns;
3. Enhanced efforts to help the private sector comply with import safety requirements;
4. Development of common systems to exchange information;
5. Strong, consistent enforcement measures to deter imports of unsafe products; and
6. The use of risk-management strategies to streamline lawful trade.

In addition to discussing the principles, participating agencies agreed to an interagency memorandum of understanding which will improve targeting and enforcement efforts at the Commercial Targeting and Analysis Center, a fusion center for agencies to share targeting resources, analysis and expertise to achieve the common mission of protecting American consumers from unsafe imports.


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EPA Sets Out New Import Restrictions on 25 Chemical Substances

pspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; FONT-SIZE: 8pt; mso-bidi-font-family: Arial”(World Trade Interactive)?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /o:p/o:p/span/ppspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; FONT-SIZE: 10pt; mso-bidi-font-family: Arial”The Environmental Protection Agency has issued significant a href=”http://www.strtrade.com/wti/2010/september/20/epa_snur.pdf” target=”_blank”span style=”color:#0000ff;”new use rules under the Toxic Substances Control Act/span/a for 25 chemical substances that were the subject of premanufacture notices. This action requires persons who intend to import, manufacture or process any of these 25 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. This notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs./spanspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; mso-bidi-font-family: Arial”o:p/o:p/span/ppspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; FONT-SIZE: 10pt; mso-bidi-font-family: Arial”This rule will become effective as of Nov. 20. Written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs must be received on or before Oct. 30./spanspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; mso-bidi-font-family: Arial”o:p/o:p/span/p


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Only A Few Weeks Left For OEMs Exporting To The US

pspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; FONT-SIZE: 8pt; mso-bidi-font-family: Arial”(EngineerLive)/spanspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; mso-bidi-font-family: Arial”?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /o:p/o:p/span/ppspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; FONT-SIZE: 10pt; mso-bidi-font-family: Arial”Time is now running out for orginial equipment manufacturers (OEM) that export equipment to the North American continent. The Energy Independence and Security Act (EISA) of 2007, comes into effect on 19th December this year throughout the USA. Canada is also adopting such legislation that will go into effect on the 1st January 2011, governing the efficiency of electric motors incorporated into all machinery.br /br /The act will replace the current EPAct legislation which has been in force since 1997 and covers low voltage, “General Purpose” 3-phase electric motors from 1-200HP (0.75 – 150 kW). It will enforce a rise in the minimum efficiency of these machines from NEMA Energy Efficient to NEMA Premium Efficient. The new law will go further as it also encompasses motors not previously within the EPAct scope. The result is that almost all low voltage, 3-phase electrical induction motors will be covered by this new legislation. It can be summarised as follows:br /br /- 1-200 HP General Purpose motors currently covered by EPAct will change from NEMA Energy Efficient to NEMA Premium Efficient.br /br /- 1-200 HP motors not covered in point 1 above will comply with NEMA Energy Efficient.br /br /- 201-500 HP motors will comply with NEMA Energy Efficient.br /br /The new EISA legislation is very broad in its coverage (contrary to the EU’s new legislation), as it encompasses virtually all types of low voltage, 3 phase motor such as Explosion proof; Severe Duty; Vertical duty; 2, 4, 6 and 8 pole; Brake motors; all mounting types and any frame type, NEMA or IEC metric.br /br /By the end of this year, almost all low voltage, 3-phase electric motors exported to the US and Canada will be subject to new legislation. Therefore, it would be wise to be ready for this and review any machinery designs that incorporate such motors as soon as possible. Read more a href=”http://www.engineerlive.com/Design-Engineer/Power_Transmission/Only_a_few_weeks_left_for_OEMs_exporting_to_the_US/23037/”span style=”color:#0000ff;”here/span/a.o:p/o:p/span/p


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Congress Introduces Landmark Chemical Control Reforms

span style=”font-size:85%;”(World Trade Interactive)/spanbr /br /“America’s system for regulating industrial chemicals is broken” – Frank Lautenberg (D-NJ), Chairman of the Subcommittee on Superfund, Toxics and Environmental Health of the Senate Committee on Environment and Public Worksbr /br /[Friday] Congress revealed its initial plan to reform the Toxic Substances Control Act. TSCA is the primary law with which the Environmental Protection Agency regulates chemicals in U.S. commerce. It has not been updated since its enactment in 1976. While a full bill was introduced in the Senate by Frank Lautenberg (D-NJ), the House released a discussion draft which will be worked on in the coming months by a broad group of stakeholders including government, industry and non-governmental organizations.br /br /The Lautenberg bill and the House draft reflect congressional priorities such as:br /br /• requiring manufacturers to provide minimum data on chemicalsbr /br /• requiring EPA to prioritize a list of hazardous chemicalsbr /br /• creating a public database of information about priority chemicalsbr /br /• creating incentives to promote green chemistry


Pending House Bill Would Require Foreign Manufacturers to Consent to Jurisdiction in U.S. Courts

span style=”font-size:85%;”(Lexology – Charles E. Joern, Holland amp; Knight LLP)/spanbr /br /On February 24, 2010, a bill was introduced in the U.S. House of Representatives that would require foreign manufacturers of certain products imported into the United States to establish registered agents in this country who are authorized to accept service of process against such manufacturers. Of particular importance is the provision of the bill establishing that by registering an agent, the foreign manufacturer would thereby consent to personal jurisdiction of the state and federal courts in the state where the agent is located. This consent would be for the purposes of any civil or regulatory proceeding. […]br /br /Under the legislation, the heads of the Food and Drug Administration, the Consumer Product Safety Commission and the Environmental Protection Agency would be charged with requiring foreign manufacturers or producers to establish the registered agents in a state with a “substantial connection” to the importation, distribution or sale of their products. The bill does not define or provide guidance as to just what constitutes a substantial connection to a state where a product is imported, distributed or sold. Read more a href=”http://www.lexology.com/library/detail.aspx?g=0639edc3-5d47-4e6b-8ed1-902bbd5ed3e1″here/a.


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EPA Makes Chemical Information More Accessible to Public

span style=”font-size:85%;”(CBP)/spanbr /br /strongFor the first time, TSCA chemical inventory free of charge onlinebr //strongbr /As part of Administrator Lisa P. Jackson’s strong commitment to increase information on chemicals, for the first time, EPA is providing web access, free of charge, to the Toxic Substances Control Act (TSCA) Chemical Substance Inventory. This inventory contains a consolidated list of thousands of industrial chemicals maintained by the agency. EPA is also making this information available on Data.Gov, a website developed by the Obama Administration to provide public access to important government information. This action represents another step to increase the transparency of chemical information while continuing to push for legislative reform of the 30 year old TSCA law.br /br /“Increasing the public’s access to information on chemicals is one of Administrator Jackson’s top priorities,” said Steve Owens, assistant administrator for EPA’s Office of Prevention, Pesticides and Toxic Substances. “The American people are entitled to easily accessible information on chemicals, and today’s action is part of a series of ongoing steps that EPA is taking to empower the public with this important information.”br /br /Until now, the consolidated public portion of the TSCA Inventory has only been available by purchase from the National Technical Reports Library or other databases. By adding the consolidated TSCA Inventory to the Agency’s website and to Data.Gov, EPA is making this information readily available to the public at no cost.br /br /Read more a href=”http://yosemite.epa.gov/opa/admpress.nsf/0/C7860ED6D012F9DF852576E7006365B0″here/a. For information about EPA’s increasing transparency on chemical risk information click a href=”http://yosemite.epa.gov/opa/admpress.nsf/bd4379a92ceceeac8525735900400c27/631cf22eb540c4db852576b2004eca47!OpenDocument%20″ target=”_blank”here /aand for access to the entire TSCA Inventory, please visit a href=”http://www.epa.gov/oppt/newchems/pubs/invntory.htm” target=”_blank”here/a.


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Buy American Waiver Granted for “De Minimis” Parts in Rural Water Projects

span style=”font-size:85%;”(WaterWorld)br /br //spanThe Rural Utilities Service (RUS) of the U.S. Department of Agriculture has issued a nationwide waiver under the stimulus program’s “Buy American” clause for incidental components of eligible water infrastructure projects. This action permits the use of nondomestic iron, steel and manufactured goods when they occur in de minimis incidental components that may otherwise be prohibited under Buy American clause of theem American Recovery and Reinvestment Act/em of 2009.br /br /RUS defined “de minimis incidental components” to mean those components that cumulatively comprise no more than a total of 5% of the total cost of the materials used in a project funded in whole or in part with ARRA assistance.br /br /This action is similar to a waiver previously granted by the U.S. EPA for water infrastructure projects across the country.br /br /RUS received $1.38 billion in ARRA funds for use in providing loans and grants to rural communities to meet their water and wastewater infrastructure needs. While the money has been obligated to specific projects in compliance with the Fiscal Year 2009 deadline of September 30, it could be years before these projects actually are designed and go to construction.br /br /(Ed. a href=”http://www.blogger.com/www.waterworld.com/index.html”WaterWorld/a … Who knew?)


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Buy American Lives on as Environmental Protection Agency Talks Tough

span style=”font-size:85%;”(The Canadian Press – Lee-Anne Goodman)/spanbr /br /Opponents of the Obama administration’s so-called Buy American provisions are working furiously this summer under a Canadian deadline, trying to convince legislators to do something about the protectionist measure before a full-fledged trade war erupts.br /br /Their efforts come despite recent Environmental Protection Agency directives reminding local utilities that they need not concern themselves with NAFTA obligations as the federal watchdog also issued stern warnings about Buy American non-compliance.br /br /“We’re all under the Canadian clock,” Dawn Christof-Champney, president of the Waste and Wastewater Equipment Manufacturers Association, said Monday. Champney was referring to the 120-day deadline issued by the Federation of Canadian Municipalities on June 6. It gives the U.S. 120 days to exempt Canada from the Buy American provisions in President Barack Obama’s $787 billion economic stimulus package, or Canadian municipalities will begin shutting out U.S. firms from bidding on local contracts.br /br /Various stakeholders opposed to Buy American, including blue-chip American corporations, recently made submissions to the White House Office of Management and Budget, or OMB, the department handling the stimulus package. They urged a reversal of the policy. “We all poured most of our energy into submitting our views,” Champney said.br /br /Submissions in hand, the Obama administration will now write the final rules on how to implement Buy American. A spokesman for the OMB said recently the legislation is expected to be tweaked, “but to what extent and how significantly, that remains to be seen.” Read more a href=”http://www.google.com/hostednews/canadianpress/article/ALeqM5jNx2y0GkIV1GG5ATNOZ1O3P2kMIA”here/a.