EPA's existing penalty policies for air, water and hazardous waste have always provided for a reduction in penalties based on "ability to pay." EPA's has these additional policies that reduce or waive penalties for small entities:. Section 223 of Subtitle B ("Rights of Small Entities in Enforcement Actions"): This requires that agencies regulating small entities establish a policy or program that provides for the reduction and, under the appropriate circumstances, the waiver, of civil penalties for statutory or regulatory violations by small entities. The Small Business Administration, an advocacy organization for small business enterprises, has information on upcoming hearings and roundtables.ĮPA's Penalty Reduction Program for Small Entities. The SBA Ombudsman must also report annually to Congress and evaluate the enforcement activities of agencies and "include a rating of responsiveness to small businesses of the various regional and program offices of each agency." The annual reports since 2000 are available at. See Reaffirmation of the EPA's Policy and Practice Against Using Enforcement as Retaliation (2 pp, 32K, About PDF). EPA employees are prohibited from using enforcement or any other means of retaliation against any member of the regulated community in response to comments made under SBREFA. Every small business that is the subject of an enforcement or compliance action is entitled to comment on the Agency’s actions without fear of retaliation. This oversight program is called the "RegFair Program." If you believe that you fall within the Small Business Administration’s definition of a small business, and wish to comment on federal enforcement and compliance activities, please visit or call the SBREFA Ombudsman’s toll-free number at 1-888-REG-FAIR (1-88). The Act created the office of the Small Business Ombudsman to oversee agency enforcement by ensuring that small businesses "subject to an audit, on-site inspection, compliance assistance effort or other enforcement-related communication or contact by agency personnel" have a means to comment on such enforcement activities. Section 222 of Subtitle B ("Oversight of Regulatory Enforcement"): provides small businesses the means to comment on agency enforcement actions. While SBREFA addresses regulatory requirements also, the SBREFA subtitles relevant to civil enforcement are: Subtitle B: Regulatory Enforcement Reforms 15, 2019), in April 2020, the EPA submitted a report to the President demonstrating that EPA’s civil administrative enforcement activities, investigations, and other actions comply with the Small Business Regulatory Enforcement Fairness Act (SBREFA). Pursuant to Section 10 of Executive Order 13892, entitled “Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication,” 84 Fed. 
#LAW ENFORCEMENT BUSINESS INTELLIGENCE DEFINITION CODE#
The definition of a "small business" is determined by a business' SIC/NAICS code and annual receipts or number of employees. This includes small businesses, small governmental jurisdictions (population of less than 50,000), and small organizations (e.g., not-for-profit organizations) that are not dominant in their field.
Section 632 and Small Business Administration (SBA) regulations. The Act adopts the Small Business Act's definition of "small entity" as defined in 5 U.S.C. It applies to the federal regulatory enforcement agencies and is aimed at providing assistance to small businesses and other small entities, making tools available for better understanding of the regulatory and enforcement processes, and seeing that there is no unfair treatment relating to the regulatory enforcement process.
The Small Business Regulatory Enforcement Fairness Act (SBREFA), signed into law on March 29, 1996, is an amendment to the Regulatory Flexibility Act (RFA) of 1980 that is designed to strengthen the RFA's analytical and procedural requirements. In addition the Small Business Regulatory Enforcement Fairness Act (SBREFA) accords some right to small businesses and places responsibilities on federal agencies: Small Business Regulatory Enforcement Fairness Act EPA has many compliance and enforcement resources specifically designed to meet the needs of the Small Businesses and Small Communities.
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