SBREFA

The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 provided new avenues for small businesses to participate in the federal regulatory arena.

SBREFA created Small Business Advocacy Review (SBAR) panels, which certain agencies must convene prior to proposing rules that would have a significant economic impact on a substantial number of small entities.

SBREFA Panels

Three agencies are now required to convene SBAR (or SBREFA) panels: the Consumer Financial Protection Bureau (CFPB), Environmental Protection Agency (EPA), and the Occupational Safety and Health Administration (OSHA). This SBAR panel is made up of a chair from the covered agency, the Chief Counsel for Advocacy, and the Administrator of the Office of Information and Regulatory Affairs. The panel meets with representatives of directly regulated small entities and offers an opportunity to provide advice and recommendations on regulatory alternatives to minimize the burden on small entities.

Under SBREFA, covered agencies (the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), and the Consumer Financial Protection Bureau (CFPB) must conduct a Small Business Advocacy Review (SBAR) panel before publishing a proposed rule with an Initial Regulatory Flexibility Analysis. This SBAR panel, made up of a chair from the covered agency, the Chief Counsel for Advocacy, and the Administrator of the Office of Information and Regulatory Affairs, meets with representatives of directly regulated small entities and offers an opportunity to provide advice and recommendations on regulatory alternatives to minimize the burden on small entities.

Small Business Advocacy Review Panels Convened From 1997 to the Present under the Small Business Regulatory Enforcement Fairness Act (SBREFA)

Consumer Financial Protection Bureau

Rule	Date Convened	Date Completed	Notice of Proposed Rulemaking	Final Rule Published
Consumer Reporting Under the Fair Credit Reporting Act	10/16/23	12/15/23	6/18/24	–
Personal Financial Data Rights	02/01/23	03/30/23	10/31/23	Partial rule 6/11/24
Automated Valuation Model (AVM)	03/14/22	05/13/22	06/21/23	8/7/24
Small Business Lending Data Collection	10/15/20	12/14/20	10/08/21	05/31/23
Debt Collection	08/25/16	10/19/16	05/21/19. Supplemental rule published 03/03/20.	11/30/20
Arbitration Clauses	10/20/15	12/11/15	05/24/16	Rule published 07/19/17. Repealed under Congressional Review Act 11/22/17
Limit Certain Practices for Payday, Vehicle Title, and Similar Loans	04/27/15	06/25/15	07/22/16	Rescinded in part, 07/07/20
Home Mortgage Disclosure Act	02/27/14	04/24/14	08/29/14	10/15/15
Loan Originator Compensation Requirements under Regulation Z	05/09/12	07/12/12	09/07/12	02/15/13
Mortgage Servicing under the Real Estate Settlement Procedures Act (RESPA or Regulation X) and Truth in Lending Act (TILA or Regulation Z)	04/09/12	06/11/12	09/17/12	02/14/13
Integrated Mortgage Disclosures under the Real Estate Settlement Procedures Act (RESPA or Regulation X) and Truth in Lending Act (TILA or Regulation Z)	02/21/12	04/23/12	08/23/12	12/31/13

Department of Labor, Occupational Safety and Health Administration

Rule	Date Convened	Date Completed	Notice of Proposed Rulemaking	Final Rule Published
Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings	08/23/23	11/03/23	08/30/24	–
Prevention of Workplace Violence in Healthcare and Social Assistance	03/01/23	05/01/23	–	–
Emergency Response	10/04/21	12/02/21	02/05/24	–
Tree Care Operations	03/23/20	05/22/20	–	–
Telecommunications Towers	08/15/18	10/11/18	–	–
Process Safety Management Standard	06/02/16	08/01/16	–	–
Occupational Exposure to Infectious Diseases in Healthcare and Other Related Work Settings	10/14/14	12/22/14	–	–
Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl	05/05/09	07/02/09	–	–
Occupational Exposure to Beryllium	09/17/07	01/15/08	08/07/15	01/09/17
Cranes and Derricks in Construction	08/18/06	10/17/06	10/09/08	08/09/10
Occupational Exposure to Hexavalent Chromium	01/30/04	04/20/04	10/04/04	02/28/06
Occupational Exposure to Crystalline Silica	10/20/03	12/19/03	09/12/13	03/25/16
Confined Spaces in Construction	09/26/03	11/24/03	11/28/07	05/04/15
Electric Power Generation, Transmission, and Distribution	04/01/03	06/30/03	06/15/05	04/11/14
Ergonomics Program Standard	03/02/99	04/30/99	11/23/99	11/14/00
Safety and Health Program Rule	10/20/98	12/19/98	–	–
Tuberculosis	09/10/96	11/12/96	10/17/97	Withdrawn 12/31/03

Environmental Protection Agency

Rule	Date Convened	Date Completed	Notice of Proposed Rulemaking	Final Rule Published
C.I. Pigment Violet 29(PV29) Risk Management Rulemaking Under the Toxic Substances Control Act	08/31/23	01/12/24	–	–
N-Methylpyrrolidone (NMP); Rulemaking under TSCA §6(a)	05/10/23	09/14/23	06/14/24	–
Proposed Amendments to the New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Generating Units	07/27/23	10/11/23	05/23/23	04/25/24
National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Amendments	07/21/23	11/06/23	01/05/23 Supplemental Proposed Rule published 02/09/24	07/16/24
Meat and Poultry Products Effluent Limitations Guidelines Rulemaking Revisions	07/03/23	09/19/23	01/23/24	–
Trichloroethylene (TCE) Risk Management Rulemaking Under the Toxic Substances Control Act	01/17/23	04/04/23	10/31/23	–
National Primary Drinking Water Regulation: Lead and Copper Rule Improvements (LCRI)	11/15/23	05/31/23	12/06/23	–
Perchloroethylene (PCE) Risk Management Rulemaking Under the Toxic Substances Control Act	10/27/22	02/01/23	06/16/23	–
Revisions to the Air Emissions Reporting Requirements	10/06/22	01/03/23	08/09/23	–
TSCA Section 8(a)(7) Rule: Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances	04/06/22	08/02/22	06/28/23	10/11/23
Per- and Polyfluoroalkyl Substances (PFAS) National Primary Drinking Water Regulation (NPDWR)	05/24/22	08/01/22	03/29/23	04/26/24
Cyclic Aliphatic Bromide Cluster (HBCD) Risk Management Rulemaking Under the Toxic Substances Control Act	01/06/22	09/09/22	–	–
Standards of Performance for New, Reconstructed, and Modified Sources: Oil and Natural Gas Sector Review	07/15/21	09/20/21	11/15/21	03/08/24
1-Bromopropane; Rulemaking under TSCA §6(a)	04/27/21	12/16/21	–	–
Methylene Chloride; Rulemaking under TSCA §6(a)	01/07/21	10/28/21	05/03/23	05/08/24
National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Commercial Sterilization and Fumigation Operations	11/25/20	4/26/21	4/13/23	04/05/24
Financial Responsibility Requirements for Hard Rock Mining	08/24/16	12/01/16	12/01/16	Withdrawn 2/21/18
Regulation of Trichloroethylene for Vapor Degreasers under Section 6(a) of the Toxic Substances Control Act	06/01/16	09/26/16	01/19/17	–
Regulation of N-Methylpyrrolidone and Methylene Chloride in Paint and Coating Removal under Section 6(a) of the Toxic Substances Control Act	06/01/16	09/26/16	01/19/17	–
Risk Management Program Modernization	11/04/15	02/19/16	03/14/16	01/13/17
Emission Standards for New and Modified Sources in the Oil and Natural Gas Sector	06/16/15	08/13/15	09/18/15	06/3/16
Federal Plan for Regulating Greenhouse Gas Emissions from Electric Generating Units	04/30/15	07/28/15	10/23/15	Withdrawn 04/03/17
Greenhouse Gas Emissions Standards for Medium- and Heavy-Duty Vehicles	10/22/14	01/15/15	07/13/15	10/25/2016
PCB (Polychlorinated Biphenyls) Use Authorizations Update Rule	02/07/14	04/07/14	–	–
Review of New Source Performance Standards and Amendments to Emission Guidelines for Municipal Solid Waste Landfills	12/05/13	07/21/15	07/17/14 08/27/15	Emission Guidelines and Compliance Time for Municipal Solid Waste Landfills 8/29/16 Standards for Performance for Municipal Solid Waste Landfills 8/29/16
National Emissions Standards for Hazardous Air Pollutants (NESHAP): Brick and Structural Clay Products and Clay Products	06/12/13	01/16/14	12/18/14	10/26/15
Long Term Revisions to the Lead and Copper Rule	08/14/12	08/16/13	–	–
Petroleum Refinery Sector Risk and Technology Review and New Source Performance Standards	08/04/11	Rule proposed rule w/o completion of SBREFA panel report	06/30/14	12/01/15
Control of Air Pollution from Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards	8/04/11	10/14/11	05/21/13	04/28/14
Greenhouse Gas Emissions from Electric Utility Steam Generating Units	06/09/11	Rule proposed rule w/o completion of SBREFA panel report	04/14/13	04/13/12 01/08/14 06/02/14
National Emission Standards for Hazardous Air Pollutants (NESHAP) Risk and Technology Review for the Mineral Wool and Wool Fiberglass Industries	06/02/11	10/26/11	11/12/11	07/29/15
Formaldehyde Emissions from Pressed Wood Products	2/03/11	04/04/11	06/10/13	12/12/16
Stormwater Regulations Revision to Address Discharges from Developed Sites	12/06/10	10/04/11	–	Withdrawn 06/06/17
National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric Utility Steam Generating Units	10/27/10	03/02/11	05/03/11	02/16/12
Revision of New Source Performance Standards for New Residential Wood Heaters	8/04/10	10/26/11	02/03/14	03/16/15
Pesticides; Reconsideration of Exemptions for Insect Repellents	1/16/09	01/15/10	–	–
National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers: Major and Area Sources	01/22/09	03/23/09	06/04/10	03/21/11
Pesticides; Certification of Pesticide Applicators (Revisions)	09/04/08	11/03/08	08/24/15	01/04/17
Pesticides; Agricultural Worker Protection Standard Revisions	09/04/08	11/03/08	03/19/14	11/02/15
Renewable Fuel Standards 2	07/09/08	09/05/08	05/26/09	03/26/10
Total Coliform Monitoring	01/31/08	01/31/08	07/14/10	2/13/2013
Non-Road Spark-Ignition Engines/Equipment	08/17/06	10/17/06	05/18/07	10/08/08
Mobile Source Air Toxics	09/07/05	11/08/05	03/29/06	02/26/07
Federal Action Plan for Regional Nitrogen Oxide/Sulfur Dioxide (2005 Clean Air Interstate Rule)	4/27/05	06/27/05	08/24/05	04/28/06
Section 126 Petition (2005 Clean Air Interstate Rule)	04/27/05	06/27/05	08/24/05	04/28/06
Cooling Water Intake Structures Phase III Facilities	02/27/04	04/27/04	11/24/04	06/16/06
Nonroad Diesel Engines – Tier IV	10/24/02	12/23/02	05/23/03	06/29/04
Lime Industry – Air Pollution	01/22/02	03/25/02	12/20/02	01/05/04
Aquatic Animal Production Industry	01/22/02	06/19/02	09/12/02	08/23/04
Construction and Development Effluent Limitations Guidelines	07/16/01	10/12/01	06/24/02	Withdrawn 04/26/04
Nonroad Large Spark Ignition Engines, Recreation Land Engines, and Recreation Marine Gas Tanks	05/03/01	07/17/01	10/05/01 08/14/02	11/08/02
Stage 2 Disinfectant Byproducts; Long Term 2 Enhanced Surface Water Treatment	04/25/00	06/23/00	08/18/03	01/04/06
Reinforced Plastics Composites	04/06/00	06/02/00	08/02/01	04/21/03
Concentrated Animal Feedlots	12/16/99	04/07/00	01/12/01	02/12/03
Metals Products and Machinery	12/09/99	03/03/00	01/03/01	05/13/03
Lead Renovation and Remodeling Rule	11/23/99	03/03/00	01/10/06	04/22/08
Diesel Fuel Sulfur Control Requirements	11/12/99	03/24/00	06/02/00	01/18/01
Recreational Marine Engines	06/07/99	08/25/99	10/05/01 08/14/02	11/08/02
Arsenic in Drinking Water	03/30/99	06/04/99	06/22/00	01/22/01
Light Duty Vehicles/Light Duty Trucks Emissions and Sulfur in Gas	08/27/98	10/26/98	05/13/99	02/10/00
Filter Backwash Recycling	08/21/98	10/19/98	04/10/00	06/08/01
Long Term 1 Enhanced Surface Water Treatment	08/21/98	10/19/98	04/10/00	01/14/02
Radon in Drinking Water	07/09/98	09/18/98	11/02/99	–
Section 126 Petitions	06/23/98	08/21/98	09/30/98	05/25/99
Phase I (FIP) To Reduce the Regional Transport of Ozone in the Eastern United States	06/23/98	08/21/98	10/21/98	05/06/05
Ground Water	04/10/98	06/09/98	05/10/00	11/08/06
Underground Injection Control (UIC) Class V Wells	02/17/98	04/17/98	07/29/98	12/07/99
Centralized Waste Treatment Effluent Guideline	11/06/97	01/23/98	09/10/03 01/13/99	12/22/00
Transportation Equipment Cleaning Effluent Guidelines	07/16/97	09/23/97	06/25/98	08/14/00
Stormwater Phase II	06/19/97	08/07/97	01/09/98	12/08/99
Industrial Laundries Effluent Guidelines	06/06/97	08/08/97	12/17/97	Withdrawn 08/18/99
Nonroad Diesel Engines	03/25/97	05/23/97	09/24/97	10/23/98