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.”
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# 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)
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# 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 e ntity 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

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## 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 decision making prior to the issuance of the proposed rule  Placed in the rule’s docket when the proposed rule is published
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# 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

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# 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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