Summary of the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act
5 USC §601 et seq (1980)
The purpose of the Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA), is to fit regulatory requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to the regulation. The RFA requires that agencies determine, to the extent feasible, the rule's economic impact on small entities, explore regulatory options for reducing any significant economic impact on a substantial number of such entities, and explain their ultimate choice of regulatory approach. The Agency refers to the RFA as amended by SBREFA simply as the RFA.
Unless the Agency certifies that a rule does not have a Significant Economic Impact on a Substantial Number Of Small Entities (SISNOSE), RFA requires a formal analysis of the potential adverse economic impacts on small entities, completion of a Small Business Advocacy Review Panel (proposed rule stage), preparation of a Small Entity Compliance Guide (final rule stage), and Agency review of the rule within 10 years of promulgation. Agency compliance with many of the RFA requirements is judicially reviewable.
The Office of Regulatory Policy and Management (ORPM) provides support and guidance to EPA's program and Regional offices as they develop their regulations.