^®: CRE Regulatory Action of the Week

SBA Issues Letter to EPA Regarding Failure to Comply with Regulatory Flexibility Act
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.