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Small Entities and Rulemaking

Small Business Advocacy Review (SBAR) Panels

Overview

The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA), requires EPA to convene a Small Business Advocacy Review (SBAR) Panel for most proposed rules unless the agency can certify that a rule will not have a significant economic impact on a substantial number of small entities. The Panel process offers an opportunity for small businesses, small governments, and small organizations (collectively referred to as small entities) to provide advice and recommendations to ensure that EPA carefully considers small entity concerns.

Each SBAR Panel is led by the EPA's Small Business Advocacy Chair (SBAC) and is comprised of federal employees from the EPA, Small Business Administration (SBA), and Office of Management and Budget (OMB). Small Entity Representatives (SERs) provide advice and recommendations to the Panel. Typically, the EPA prefers that SERs be owner-operators of small businesses, small organization officials, or small government officials. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may serve as SERs. These other representatives are evaluated on a case by case basis. The SERs participate in one or two meetings and are given an opportunity to submit their comments.

Current and Past SBAR Panels

The following table provides a chronological list of each SBAR Panel that EPA has concluded or is currently conducting. Click on the "Rule Title" to access details about the SBAR Panel.

Panel #
(see note)
Rule Title Panel Convening Date Panel Completion Date
1 Control of Emissions of Air Pollution From Nonroad Diesel Engines 03/25/1997 05/23/1997
2 Effluent Guidelines and Standards for the Industrial Laundries Point Source Category 06/06/1997 08/08/1997
3 NPDES Comprehensive Storm Water Phase II Regulations 06/19/1997 08/07/1997
4 Effluent Guidelines and Standards for the Transportation Equipment Cleaning Category 07/16/1997 09/23/1997
5 Effluent Guidelines and Standards for the Centralized Waste Treatment Industry 11/06/1997 01/23/1998
6 Revisions to the Underground Injection Control Regulations for Class V Injection Wells 02/17/1998 04/17/1998
7 National Primary Drinking Water Regulations: Ground Water Rule 04/10/1998 06/09/1998
8 Phase I Federal Implementation Plans (FIPs) To Reduce the Regional Transport of Ozone in the Eastern United States 06/23/1998 08/21/1998
9 Findings of Significant Contribution and Rulemaking on Section 126 Petitions for Purposes of Reducing Interstate Ozone Transport 06/23/1998 08/21/1998
10 National Primary Drinking Water Regulations: Radon 07/09/1998 09/18/1998
11 National Primary Drinking Water Regulations: Long Term 1 Enhanced Surface Water Treatment Rule 08/21/1998 10/19/1998
12 National Primary Drinking Water Regulations: Filter Backwash Recycling Rule 08/21/1998 10/19/1998
13 Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards 08/27/1998 10/26/1998
14 National Primary Drinking Water Regulations: Arsenic and Clarifications to Compliance and New Source Contaminant Monitoring 03/30/1999 06/04/1999
15 Control of Emissions of Air Pollution from New Compression-Ignition and Spark-Ignition Recreational Marine Engines 06/07/1999 08/25/1999
16 Heavy-Duty Engine Emission Standards and Diesel Fuel Sulfur Control Requirements 11/12/1999 03/24/2000
17 Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling Section 402(c)(3) 11/23/1999 03/03/2000
18 Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and 2 12/08/1999 03/03/2000
19 National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitations Guidelines Standards for Concentrated Animal Feeding Operations (CAFOs) 12/16/1999 04/07/2000
20 National Emissions Standards for Hazardous Air Pollutants (NESHAP): Reinforced Plastic Composites Production 04/06/2000 06/02/2000
21a National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment Rule 04/25/2000 06/23/2000
21b National Primary Drinking Water Regulations: Stage 2 Disinfectants/Disinfection Byproducts Rule 04/25/2000 06/23/2000
22a Control of Emissions from Nonroad Spark-Ignition Engines and Standards for Recreational Spark-Ignition Engines 05/03/2001 07/17/2001
22b Control of Emissions from Highway Motorcycles 05/03/2001 07/17/2001
23 Effluent Guidelines and Standards for the Construction and Development Industry 07/16/2001 10/12/2001
24 National Emission Standards for Hazardous Air Pollutants (NESHAP): Lime Manufacturing 01/22/2002 03/25/2002
25 Effluent Guidelines and Standards for the Concentrated Aquatic Animal Production Industry 01/22/2002 06/19/2002
26 Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel 10/24/2002 12/23/2002
27 Minimizing Adverse Environmental Impact from Cooling Water Intake Structures at Existing Facilities Under Section 316(b) of the Clean Water Act, Phase 3 02/27/2004 04/27/2004
28a Rule on Section 126 Petition from NC to Reduce Interstate Transport of Fine PM and O3;FIPs to Reduce Interstate Transport of Fine PM and O3;Revisions to the CAIR Rule; Revisions to the Acid Rain Program 04/27/2005 06/27/2005
28b Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone 04/27/2005 06/27/2005
29 Control of Hazardous Air Pollutants From Mobile Sources 09/07/2005 11/08/2005
30 Control of Emissions from Nonroad Spark-Ignition Engines and Equipment 08/17/2006 10/17/2006
31 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical Requirements and Consideration of Distribution System Issues 01/31/2008 03/31/2008
32 Renewable Fuels Standard Program 07/09/2008 09/05/2008
33a Pesticides; Agricultural Worker Protection Standard Revisions 09/04/2008 11/03/2008
33b Certification of Pesticide Applicators (Revisions) 09/04/2008 11/03/2008
34a National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers 01/22/2009 03/23/2009
34b National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial and Institutional Boilers and Process Heaters 01/22/2009 03/23/2009
35 Pesticides; Reconsideration of Exemptions for Insect Repellents 11/16/2009 01/15/2010
36 Revision of New Source Performance Standards for New Residential Wood Heaters 08/04/2010 10/26/2011
37 National Emission Standards for Hazardous Air Pollutants (NESHAP) for Coal- and Oil-fired Electric Utility Steam Generating Units 10/27/2010 03/02/2011
38 Stormwater Regulations Revision to Address Discharges from Developed Sites 12/06/2010 10/04/2011
39 Formaldehyde Emissions from Pressed Wood Products 02/03/2011 04/04/2011
40 National Emission Standards for Hazardous Air Pollutants (NESHAP) Risk and Technology Review (RTR) for the Mineral Wool and Wool Fiberglass Industries 06/02/2011 10/26/2011
41 Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards 08/04/2011 10/14/2011
42 Petroleum Refinery Sector Risk and Technology Review and New Source Performance Standards 08/04/2011  
43 Long-Term Revisions for the Lead and Copper Rule (LCR) 08/14/2012 04/16/2013
44 National Emissions Standards for Hazardous Air Pollutants (NESHAP): Brick and Structural Clay Products and Clay Products 06/12/2013 01/16/2014
45 Review of New Source Performance Standards and Amendments to Emission Guidelines for Municipal Solid Waste Landfills 12/05/2013  
46 PCB Use Authorizations Update Rule 02/07/2014  

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Potential SBAR Panels

For the following planned rules, EPA has notified SBA's Office of Advocacy and OMB of our intent to potentially conduct an SBAR Panel, but a Panel has not yet convened. Click on the "Rule Title" to access details about the potential Panel. Should the rulemaking have a Panel convened, it will be added to the list of SBAR Panels above.

Rule Title
Drinking Water Regulatory Actions for Perchlorate
Financial Responsibility Requirements for Hard Rock Mining
Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings
Greenhouse Gas Emissions Standards for Medium- and Heavy-Duty Vehicles

Note: More than one rule may be combined into one SBAR Panel. Letters "a" and "b" denote the different rules considered for a particular Panel.

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