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.
- Individual sections of the Regulatory Flexibility Act as amended
by the Small Business Regulatory Enforcement Fairness Act
are available on the U.S.
Government Printing Office (specifically, under Title
5, Part 1, Chapter 6).
- Small Business Regulatory
Enforcement Fairness Act of 1996 (Title II of Public
Law 104-121; Page 11) (PDF format 100KB)
- Regulatory Flexibility
Act as amended by the Small Business Regulatory Enforcement
Fairness Act
(PDF format 29KB)
Small Entity Definitions: | Small Business |
Small Government | |
Small Organization |
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