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Pre-SBREFA Rules
EPA Rules With No SISNOSE But Did Not Formally Certify

As noted in the EPA's Regulatory Plan and Semiannual Regulatory Agenda, Spring 2003 (published May 19, 2003) [http://www.epa.gov/epahome/rules.html#proposed], the Regulatory Flexibility Act (RFA) section 610 requires that an agency review each rule that has or will have a significant economic impact on a substantial number of small entities (SISNOSE) within ten years of promulgation. For EPA rules issued in 1992-1997, EPA went beyond the requirements of the RFA by preparing regulatory flexibility analyses for rules that would have any adverse impact on any number of small entities, regardless of the size of impact or number of small entities. In effect, many rules that EPA would otherwise have certified as not having a SISNOSE were not formally certified during this time period. After the RFA was amended in 1996 by the Small Business Regulatory Enforcement Fairness Act (SBREFA), EPA returned to its earlier practice of formally certifying rules with no SISNOSE under the RFA while continuing to offer outreach and accommodation to regulated small entities for those rules. EPA has identified eight rules issued before SBREFA was passed that were not formally certified yet do not and will not have a SISNOSE. EPA has determined that these eight rules are not subject to section 610 review, and, even if a section 610 review were conducted, revision of the rules would not be warranted.

  1. Land Disposal Restrictions for Ignitable and Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated (58 FR 29860, 5/24/93)
  2. List of Regulated Substances and Thresholds for Accidental Release Prevention; Requirements for Petitions Under Section 112 (r) of the CAA as Amended (59 FR 4478, 1/31/94)
  3. Clean Fuel Fleet Program; Definitions and General Provisions (58 FR 64679, 12/9/93)
  4. NESHAPS for Source Categories: Gasoline Distribution (59 FR 64303, 12/14/94)
  5. NESHAPS for HAPs Final Standards for HAP Emissions from Magnetic Tape Manufacturing Operations (59 FR 64580, 12/15/94)
  6. HAPs: Regulations Governing Constructed or Reconstructed Major Sources (61 FR 68384, 12/27/96)
  7. Sequence of Application of CAA Mandatory Sanctions under Section 179 Title 1 (59 FR 39832, 8/4/94)
  8. Acquisition Regulation Concerning Conflicts of Interest (59 FR 18600, 4/19/94)

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