CRE Regulatory Action of the Week
SBA Issues Letter to EPA Regarding Failure to Comply with Regulatory Flexibility Act
Review the SBA Office of Advocacy letter to EPA
Review EPA's proposed regulation (67 FR 21613, May 1, 2002).
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Submit a comment
The Small Business Administration's (SBA) Office of Advocacy recently issued a letter to EPA challenging the agency's failure to meet the requirements of the Regulatory Flexibility Act (RFA) in its proposed rule on Control of Emissions from Land-based Recreational Engines. EPA issued an earlier related rulemaking on tailpipe emissions for such vehicles; however, the latest proposed regulation would finalize completely new and specific requirements for fuel tanks. EPA has failed to comply with the RFA by either: (1) providing small entities an opportunity to comment on the burdens imposed by such requirements or (2) undertaking the necessary economic analyses to certify that the rule would not have a significant economic impact on small entities. CRE agrees with SBA that EPA should take the necessary steps to comply with all Good Government laws, including the RFA, when conducting rulemakings.