Office of the Administrator Office of Policy Office of Regulatory Policy and Management

http://www.epa.gov/op/orpm.html 

# An Overview of the Small Business 

# Advocacy Review Panel Process Alexander Cristofaro, Small Business Advocacy Review Chair (SBAC) Panel Outreach Meeting, Friday June 17, 2011

# Today, I’ll answer these questions...

• What is a Small Business Advocacy Review (SBAR) Panel? • How does a Panel fit into the rulemaking process? • How do Small Entity Representatives (SERs) participate in the Panel process? • What does the Panel do with SER recommendations?

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# What is an SBAR Panel?
• A Panel consists of representatives from the:  agency authoring the regulation (i.e., EPA),  Office of Management and Budget (OMB), and 

###  Small Business Administration (SBA).

Title 5, section 609(b)(3), of the United States Code (USC). This is also known as section 609(b)(3) of the RFA. 3

# What is an SBAR Panel? (cont’d.)


## • SBREFA amended the 1980 Regulatory Flexibility Act (RFA), which requires agencies to: “assure that small entities have been given an opportunity to participate in the rulemaking process”1 for any rule “which will have a significant economic impact on a substantial number of small entities.”2

1 5 USC 609(a) 2 5 USC 602(a)(1) 4

# Panel within the rulemaking process? “the panel shall review any material the agency has prepared ..., including any draft proposed rule, collect advice and recommendations of each individual small entity representative identified by the agency after consultation with the Chief Counsel [for Advocacy of the Small Business Administration], on issues related to”1 the following:
 Who are the small entities to which the proposed rule will apply? 2  What are the anticipated compliance requirements of the upcoming proposed rule? 3  Are there any existing federal rules that may overlap or conflict with the regulation? 4  Are there any significant regulatory alternatives that could minimize the impact on small entities? 5

5 1 5 USC 609(b)(4) 2 5 USC 603(b)(3) 3 5 USC 603(b)(4) 4 5 USC 603(b)(5) 5 5 USC 603(c)

# Panel within the rulemaking process? (cont’d.) 

### Let’s focus on “any material the agency has prepared ”  For this Panel, EPA will not provide a proposed rule, though we expect to discuss regulatory alternatives in as great a detail as we can.  It is EPA’s policy to host SBAR Panels like this one before a proposed rule is written so we have adequate time to incorporate your advice and recommendations into senior management decision - making about the proposed rule.  Participation in the Panel outreach meeting does not preclude or take the place of participation in the normal public comment period at the time the rule is proposed. 6

# How do SERs participate? ...Let’s focus on “collect advice and recommendations”
 This is how SERs help the Panel members. • You’re expected to provide advice and recommendations on the materials shared today and at the second Panel outreach meeting. • You will have an opportunity to submit written comments as well as the verbal comments you provide in the meetings.  Those of you joining this meeting to assist the SERs are asked to allow the SERs ample time to talk before providing your input. 7

# How do SERs participate? (cont’d.) 

## • As SERS, you are in a unique position during the outreach meetings • You have the opportunity, because of your 

## status as a small entity expected to be regulated by this rule, to influence the 

## decisions senior EPA officials make about the forthcoming regulation

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# What does the Panel do 

# with your recommendations?
• EPA, OMB, and SBA prepare a joint Panel report:
 Submitted to the EPA Administrator  Placed in the rule’s docket when the proposed rule is published

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# Common Acronyms Specific to RFA

• OIRA – Office of Information and Regulatory Affairs [within OMB] • OMB – Office of Management and Budget • RFA – Regulatory Flexibility Act (1980) • SBA – Small Business Administration [within which the Office of Advocacy is housed] • SBAC – Small Business Advocacy Chair [EPA] • SBAR – Small Business Advocacy Review [Panel] • SBREFA – Small Business Regulatory Enforcement Fairness Act (1996) • SER – Small Entity Representative 10

# Contact Information
• Contact my staff:

 Lanelle Wiggins, RFA/SBREFA Team Leader EPA Office of Policy 202 - 566- 2372 Wiggins.Lanelle@epa.gov

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