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RFA/SBREFA Statute
Regulatory Flexibility Act
as amended by
Small Business Regulatory Enforcement Fairness Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 601
et seq, was signed into law on September 19, 1980. The RFA
imposes both analytical and procedural requirements on EPA and
on other federal agencies. The analytical requirements call for
EPA to carefully consider the economic impacts rules will have
on small entities. The procedural requirements are intended to
ensure that small entities have a voice when EPA makes policy
determinations in shaping its rules.
The Small Business Regulatory Enforcement Fairness Act (SBREFA),
Pub Law No. 104-121, was signed into law on March 29, 1996. SBREFA
enacted a variety of provisions, including several amendments
to the RFA. In short, SBREFA amended the RFA to require EPA to
convene a small business advocacy review panel prior to proposing
any rule that will have a significant economic impact on a substantial
number of small entities. It also added a provision that allows
small entities adversely affected by a final rule to challenge
the agency’s compliance with the RFA’s requirements in court.
For the purposes of the Small Business Advocacy Review Panel process,
small entity includes small businesses, small governments and
small organizations. The term "small business" is defined by law
in the Small Business Act and the term "small government and small
organization" are defined by law in the Regulatory Flexibility
Act.
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