FACT SHEET

WHAT POTENTIAL 

SMALL ENTITY

REPRESENTATIVES

SHOULD KNOW ABOUT THE 

SMALL BUSINESS ADVOCACY

REVIEW PANEL PROCESS
What is an EPA

Small Entity

Representative?

The Small Business Advocacy Review (SBAR) Panel will ask a

selected group of Small Entity Representatives (SERs) to provide

comments on behalf of their company, community, or organization to

advise the Panel regarding a particular proposed rule. SERs’

participation in the rulemaking process will ensure that EPA hears

small entity concerns.

A SER is a person appointed by the Small Business Advocacy Chair

(SBAC) as a participating representative of small entities likely to be

subject to the requirements of a specific proposed rule under

development. The Regulatory Flexibility Act (RFA) defines small

entities as small businesses, small governments, and small nonprofit organizations.

Why does EPA

need Small Entity

Representatives?

EPA has an ongoing commitment to minimize the burden of its

regulations on small entities to the extent feasible, while still meeting

its statutory requirements. The Small Business Regulatory

Enforcement Fairness Act (SBREFA), enacted in March 1996,

amended the RFA to provide small entities with an expanded

opportunity to participate in the development of certain regulations.

 

In particular, EPA must convene a SBAR Panel for certain proposed

rules under development, unless the Agency determines the rule will

not impose a significant economic impact on a substantial number of

small entities. Each Panel is led by the SBAC and includes federal

representatives from the Small Business Administration (SBA), the

Office of Management and Budget (OMB), and EPA. The Panel

meets with SERs likely to be subject to the rule to hear their views

on the potential impacts of the rule and on ways to reduce them.

Who is eligible to

be a Small Entity

Representative?

A small entity stakeholder is eligible to be a SER if he or she is 

directly subject to the particular proposed regulation that is under

development and meets one of the following definitions of small

entity listed below. Please note, however, EPA has the authority to

use an alternative definition after notice and comment, and for small

businesses, consulting with SBA.

• Small Business: Defined under Section 3 of the Small

Business Act. SBA defines “small business” variably, based on

each firm’s category in the North American Industry

Classification System. 

• Small Organization: Any not-for-profit enterprise which is

independently owned and operated and is not dominant in its

field. 

• Small Governmental Jurisdiction: Governments of cities,

counties, towns, townships, villages, school districts, or special

districts, with population of less than 50,000. 
Typically, EPA prefers the actual owners or operators of small

businesses, community officials, and non-profit organizations for this

purpose. However, a person from a trade association that

exclusively or primarily represents potentially regulated small

entities, may also serve as a SER.

Who chooses

Small Entity

Representatives?

For each rule that may have a significant economic impact on a

substantial number of small entities, EPA identifies what types of

small entities are likely to be subject to the rule and works in

partnership with other Agency offices in developing a list of potential

SERs. EPA also consults with the SBA’s Chief Counsel for

Advocacy to identify individuals to serve as SERs. The SBAC

considers these recommendations and appoints a group of official

SERs.

At what stage in

the rulemaking

does the Panel

process occur?

Prior to proposing a rule, EPA engages its small entity stakeholders

in a dialog to learn more about their concerns and ideas regarding

the rule under development. If the Agency believes that the rule may

have a significant economic impact on a substantial number of small

entities, EPA will begin the SBAR Panel process. This process is

intended to provide a special opportunity for small entities to

participate in the rulemaking.

What will being a

Small Entity

Representative

entail?

Generally, SERs will be asked to review background information,

listen to informational briefings and provide oral and written

comments to the Agency and later to the Panel.

 

Typically, prior to convening a Panel, EPA will provide the SERs with

some background information on the rule and ask for their initial

feedback. The Agency may also arrange a meeting with small

entities potentially subject to a particular rule to hear their initial

concerns and suggestions. Representatives of OMB and SBA are

also invited to this meeting. 

 

After the SBAR Panel is convened by the SBAC, the Panel will

provide the SERs with some additional information, followed by a

teleconference and/or a face-to-face meeting to give them the

opportunity to communicate directly with the Panel members. The

Panel also generally requests SERs’ comments in writing. The goal

of this consultation is to provide a forum for the SERs to raise issues

of concern and to provide the Panel with insight into technical issues

and potential ways of approaching them.

What will be done

with my small

entity input?

Each SBAR Panel has 60 days to consider SER comments in

addition to other rule-related materials prepared by EPA and prepare

a report to the Administrator of EPA on the potential small entity

impacts of the rule and on possible ways to reduce those impacts. 

The Panel report is considered by the Agency as it makes decisions

on the proposed rule and is made part of the official rulemaking

record with all written small entity comments appended. SERs may

also submit comments during the standard public comment period

after the publication of the proposed rule in the Federal Register.
Where can I get

more

information?

Several EPA documents are available that can provide more

information on the RFA/SBREFA, the Agency’s small entity

compliance assistance efforts and the elements of a regulatory

flexibility analysis. These documents and further assistance with any

RFA/SBREFA questions are available from the SBAC, SBAC Staff,

or from the RFA/SBREFA website, listed below.

Small Business Advocacy Chair

Alexander Cristofaro

 

Small Business Advocacy Chair Staff

 Lanelle Wiggins, Team Leader

 (202) 566-2372; wiggins.lanelle@epa.gov Lakeshia Walker

 (202) 564-6571; walker.lakeshia@epa.gov

 Caryn Muellerleile 

 (202) 564-2855; muellerleile.caryn@epa.gov 

 Nathaniel Jutras

 (202) 564-0301; jutras.nathaniel@epa.gov

RFA/SBREFA Website

www.epa.gov/sbrefa