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Regulatory Flexibility for Small Entities

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Small Business Advocacy Review (SBAR) Panels

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Top Three Questions

  1. What is a Small Business Advocacy Review Panel?
  2. What is a Small Entity Representative (SER)?
  3. Who is eligible to be a SER?

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Overview

The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA), requires EPA to convene a Small Business Advocacy Review (SBAR) Panel for most proposed rules unless the agency can certify that a rule will not have a significant economic impact on a substantial number of small entities. The Panel process offers an opportunity for small businesses, small governments, and small organizations (collectively referred to as small entities) to provide advice and recommendations to ensure that EPA carefully considers small entity concerns.

Each SBAR Panel is led by the EPA's Small Business Advocacy Chair (SBAC) and is comprised of federal employees from the EPA, the Small Business Administration's (SBA) Office of Advocacy, and the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA). Small Entity Representatives (SERs) provide advice and recommendations to the Panel. Typically, the EPA prefers that SERs be the actual owners or operators of small businesses, small organization officials, or small government officials. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may serve as SERs. These other representatives are evaluated on a case by case basis. The SERs participate in one or two meetings and are given an opportunity to submit their comments.

Current and Past SBAR Panels

The following table provides a chronological list of each SBAR Panel that EPA has concluded or is currently conducting. To access details about a particular SBAR Panel, click on the title of the action in the "Rule Title" column.

Rule Title Panel Convening Date Panel Completion Date Rulewriting Office
Control of Emissions of Air Pollution From Nonroad Diesel Engines 03/25/1997 05/23/1997 Office of Air and Radiation (OAR)
Effluent Guidelines and Standards for the Industrial Laundries Point Source Category 06/06/1997 08/08/1997 Office of Water (OW)
NPDES Comprehensive Storm Water Phase II Regulations 06/19/1997 08/07/1997 Office of Water (OW)
Effluent Guidelines and Standards for the Transportation Equipment Cleaning Category 07/16/1997 09/23/1997 Office of Water (OW)
Effluent Guidelines and Standards for the Centralized Waste Treatment Industry 11/06/1997 01/23/1998 Office of Water (OW)
Revisions to the Underground Injection Control Regulations for Class V Injection Wells 02/17/1998 04/17/1998 Office of Water (OW)
National Primary Drinking Water Regulations: Ground Water Rule 04/10/1998 06/09/1998 Office of Water (OW)
Phase I Federal Implementation Plans (FIPs) To Reduce the Regional Transport of Ozone in the Eastern United States 06/23/1998 08/21/1998 Office of Air and Radiation (OAR)
Findings of Significant Contribution and Rulemaking on Section 126 Petitions for Purposes of Reducing Interstate Ozone Transport 06/23/1998 08/21/1998 Office of Air and Radiation (OAR)
National Primary Drinking Water Regulations: Radon 07/09/1998 09/18/1998 Office of Water (OW)
National Primary Drinking Water Regulations: Long Term 1 Enhanced Surface Water Treatment Rule 08/21/1998 10/19/1998 Office of Water (OW)
National Primary Drinking Water Regulations: Filter Backwash Recycling Rule 08/21/1998 10/19/1998 Office of Water (OW)
Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards 08/27/1998 10/26/1998 Office of Air and Radiation (OAR)
National Primary Drinking Water Regulations: Arsenic and Clarifications to Compliance and New Source Contaminant Monitoring 03/30/1999 06/04/1999 Office of Water (OW)
Control of Emissions of Air Pollution from New Compression-Ignition and Spark-Ignition Recreational Marine Engines 06/07/1999 08/25/1999 Office of Air and Radiation (OAR)
Heavy-Duty Engine Emission Standards and Diesel Fuel Sulfur Control Requirements 11/12/1999 03/24/2000 Office of Air and Radiation (OAR)
Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling Section 402(c)(3) 11/23/1999 03/03/2000 Office of Chemical Safety and Pollution Prevention (OCSPP)
Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and 2 12/08/1999 03/03/2000 Office of Water (OW)
National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitations Guidelines Standards for Concentrated Animal Feeding Operations (CAFOs) 12/16/1999 04/07/2000 Office of Water (OW)
National Emissions Standards for Hazardous Air Pollutants (NESHAP): Reinforced Plastic Composites Production 04/06/2000 06/02/2000 Office of Air and Radiation (OAR)
National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment Rule 04/25/2000 06/23/2000 Office of Water (OW)
National Primary Drinking Water Regulations: Stage 2 Disinfectants/Disinfection Byproducts Rule 04/25/2000 06/23/2000 Office of Water (OW)
Control of Emissions from Nonroad Spark-Ignition Engines and Standards for Recreational Spark-Ignition Engines 05/03/2001 07/17/2001 Office of Air and Radiation (OAR)
Control of Emissions from Highway Motorcycles 05/03/2001 07/17/2001 Office of Air and Radiation (OAR)
Effluent Guidelines and Standards for the Construction and Development Industry 07/16/2001 10/12/2001 Office of Water (OW)
National Emission Standards for Hazardous Air Pollutants (NESHAP): Lime Manufacturing 01/22/2002 03/25/2002 Office of Air and Radiation (OAR)
Effluent Guidelines and Standards for the Concentrated Aquatic Animal Production Industry 01/22/2002 06/19/2002 Office of Water (OW)
Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel 10/24/2002 12/23/2002 Office of Air and Radiation (OAR)
Minimizing Adverse Environmental Impact from Cooling Water Intake Structures at Existing Facilities Under Section 316(b) of the Clean Water Act, Phase 3 02/27/2004 04/27/2004 Office of Water (OW)
Rule on Section 126 Petition from NC to Reduce Interstate Transport of Fine PM and O3;FIPs to Reduce Interstate Transport of Fine PM and O3;Revisions to the CAIR Rule; Revisions to the Acid Rain Program 04/27/2005 06/27/2005 Office of Air and Radiation (OAR)
Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone 04/27/2005 06/27/2005 Office of Air and Radiation (OAR)
Control of Hazardous Air Pollutants From Mobile Sources 09/07/2005 11/08/2005 Office of Air and Radiation (OAR)
Control of Emissions from Nonroad Spark-Ignition Engines and Equipment 08/17/2006 10/17/2006 Office of Air and Radiation (OAR)
National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical Requirements and Consideration of Distribution System Issues 01/31/2008 03/31/2008 Office of Water (OW)
Renewable Fuels Standard Program 07/09/2008 09/05/2008 Office of Air and Radiation (OAR)
Pesticides; Agricultural Worker Protection Standard Revisions 09/04/2008 11/03/2008 Office of Chemical Safety and Pollution Prevention (OCSPP)
Certification of Pesticide Applicators (Revisions) 09/04/2008 11/03/2008 Office of Chemical Safety and Pollution Prevention (OCSPP)
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers 01/22/2009 03/23/2009 Office of Air and Radiation (OAR)
National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial and Institutional Boilers and Process Heaters 01/22/2009 03/23/2009 Office of Air and Radiation (OAR)
Pesticides; Reconsideration of Exemptions for Insect Repellents 11/16/2009 01/15/2010 Office of Chemical Safety and Pollution Prevention (OCSPP)
Revision of New Source Performance Standards for New Residential Wood Heaters 08/04/2010 10/26/2011 Office of Air and Radiation (OAR)
National Emission Standards for Hazardous Air Pollutants (NESHAP) for Coal- and Oil-fired Electric Utility Steam Generating Units 10/27/2010 03/02/2011 Office of Air and Radiation (OAR)
Stormwater Regulations Revision to Address Discharges from Developed Sites 12/06/2010 10/04/2011 Office of Water (OW)
Formaldehyde Emissions from Pressed Wood Products 02/03/2011 04/04/2011 Office of Chemical Safety and Pollution Prevention (OCSPP)
National Emission Standards for Hazardous Air Pollutants (NESHAP) Risk and Technology Review (RTR) for the Mineral Wool and Wool Fiberglass Industries 06/02/2011 10/26/2011 Office of Air and Radiation (OAR)
Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards 08/04/2011 10/14/2011 Office of Air and Radiation (OAR)
Long-Term Revisions for the Lead and Copper Rule (LCR) 08/14/2012 04/16/2013 Office of Water (OW)
National Emissions Standards for Hazardous Air Pollutants (NESHAP): Brick and Structural Clay Products and Clay Products 06/12/2013 01/16/2014 Office of Air and Radiation (OAR)
Review of New Source Performance Standards and Amendments to Emission Guidelines for Municipal Solid Waste Landfills 12/05/2013 07/21/2015 Office of Air and Radiation (OAR)
PCB Use Authorizations Update Rule 02/07/2014 04/07/2014 Office of Chemical Safety and Pollution Prevention (OCSPP)
Greenhouse Gas Emissions Standards for Medium- and Heavy-Duty Vehicles 10/22/2014 01/15/2015 Office of Air and Radiation (OAR)
Federal Plan for Regulating Greenhouse Gas Emissions from Electric Generating Units 04/30/2015 07/28/2015 Office of Air and Radiation (OAR)
Emission Standards for New and Modified Sources in the Oil and Natural Gas Sector 06/16/2015 08/13/2015 Office of Air and Radiation (OAR)
Modernizing the Risk Management Plan (RMP) Rule 11/04/2015 02/19/2016 Office of Land and Emergency Management (OLEM)
Regulation of N-Methylpyrrolidone and Methylene Chloride in Paint and Coating Removal under Section 6(a) of the Toxic Substances Control Act 06/01/2016 09/26/2016 Office of Chemical Safety and Pollution Prevention (OCSPP)
Trichloroethylene (TCE) in Vapor Degreasing; Rulemaking Under TSCA Section 6(a) 06/01/2016 09/26/2016 Office of Chemical Safety and Pollution Prevention (OCSPP)
Financial Responsibility Requirements for Hard Rock Mining 08/24/2016 12/01/2016 Office of Land and Emergency Management (OLEM)
National Emission Standards for Hazardous Air Pollutants (NESHAP): Ethylene Oxide (EtO) Commercial Sterilization and Fumigation Operations 11/25/2020   Office of Air and Radiation (OAR)
Methylene Chloride Risk Management Rulemaking Under the Toxic Substances Control Act 01/07/2021   Office of Chemical Safety and Pollution Prevention (OCSPP)

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Potential SBAR Panels

For the following planned rules, EPA has notified SBA's Office of Advocacy and OMB of our intent to potentially conduct an SBAR Panel, but a Panel has not yet convened. To access details about a potential SBAR Panel, click on the title of the action in the "Rule Title" column. Should the rulemaking have a Panel convened, it will be added to the list of SBAR Panels above.

Rule Title
Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings
1-Bromopropane Risk Management Rulemaking Under the Toxic Substances Control Act
Cyclic Aliphatic Bromide Cluster (HBCD) Risk Management Rulemaking Under the Toxic Substances Control Act
Trichloroethylene (TCE) Risk Management Rulemaking Under the Toxic Substances Control Act
Perchloroethylene (PCE) Risk Management Rulemaking Under the Toxic Substances Control Act
n-Methylpyrrolidone (NMP) Risk Management Rulemaking Under the Toxic Substances Control Act

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Regulatory Flexibility for Small Entities