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

William (Bill) Nickerson, Acting Small Business Advocacy Review Chair (SBAC)

Pre-Panel Outreach Meeting, September 22, 2015
What is an SBAR Panel?

The Regulatory Flexibility Act (RFA) as 

amended by the Small Business Regulatory 

Enforcement Fairness Act (SBREFA), 

requires agencies to:

“assure that small entities have been given an 

opportunity to participate in the rulemaking process” for 

any rule “which will have a significant economic impact 

on a substantial number of small entities.”

2
What is an SBAR Panel?

An EPA Small Business Advocacy Review 

(SBAR) Panel is made up of four managers 

from three federal agencies:

 EPA’s Small Business Advocacy Chair (EPA’s SBAC is from the 

Office of Policy)

 Manager from the EPA program responsible for writing the rule

 The Small Business Administration’s Chief Counsel for Advocacy

 The Administrator of the Office of Management and Budget’s 

(OMB’s) Office of Information and Regulatory Affairs (OIRA)

3
What is an SBAR Panel?

The RFA tasks the Panel with reviewing the material the 

Agency has available concerning the rulemaking, and 

collecting advice and recommendations from small entity 

representatives (SERs) on issues related to the following 

four elements:

 Who are the small entities to which the proposed rule will apply? 

 What are the anticipated compliance requirements of the 

upcoming proposed rule? 

 Are there any existing federal rules that may overlap or conflict 

with the regulation?

 Are there any significant regulatory alternatives that could 

minimize the impact on small entities?

4
How do SERs participate in the pre-panel phase?

We are currently in the pre-panel phase of the 

process, preparing for the formal Panel phase of 

the process

 EPA hosts this pre-panel outreach meeting with SERs

• To educate SERs about the Panel process and their role in it

• To educate SERs about the rulemaking under consideration

• To learn from SERs what information could help them 

understand how the rule might impact them and help them 

offer suggestions about how to minimize that impact

 EPA will take notes on the discussion today and SERs 

are invited to provide written comments within 2 

weeks

5
How do SERs participate in the Panel process?

• EPA will take what it has learned today and any written 

comments provided from SERs within 2 weeks and work 

with its Panel partners from OMB and SBA to prepare for 

convening the formal Panel

• Once formally convened by EPA’s SBAC, the Panel will 

host a Panel Outreach Meeting with SERs

 EPA will present any new information available about the rule

 Bulk of meeting spent discussing regulatory alternatives and 

input of SERs on the issues listed on slide 4

 SERs will have 2 weeks to provide written comments they would 

like the Panel to consider

6
How do SERs participate in the Panel process?

• As potential SERS, you are in a unique position during 

the Pre-Panel outreach and Panel outreach meetings

• You have the opportunity, because of your status as a 

small entity who is expected to be regulated by this rule, 

to influence the decisions senior EPA officials make 

about the forthcoming regulation

7
Where does the Panel process fit within the 

rulemaking process?

• It is EPA’s policy to host SBAR Panels like this one well 

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

• 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

• 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

8
What does the Panel do with your 

recommendations?

• EPA, along with its Panel partners, SBA 

and OMB prepare a joint Panel report:

 Submitted to the EPA Administrator

 Considered during senior-management decisionmaking prior to the issuance of the proposed rule

 Placed in the rule’s docket when the proposed rule is 

published

9
Thank You

• We realize that small entities make 

significant sacrifices to participate

• Thank you for taking time and effort away 

from your business or organization to 

assist the Panel in this important work

10
Contact Information

• Contact my staff:

 Laura Free, RFA/SBREFA staff contact

EPA Office of Policy

202-564-2653

Free.Laura@epa.gov

 Lanelle Wiggins, RFA/SBREFA Team Leader

EPA Office of Policy

202-566-2372

Wiggins.Lanelle@epa.gov 

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