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.

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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”1for 

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)

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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

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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.

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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.

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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

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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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