Potential SBAR Panel: Meat and Poultry Products Effluent Limitations Guidelines Rulemaking Revisions


What is the Implication of the Proposed Rulemaking on Small Entities?

Under the Clean Water Act (CWA), EPA develops effluent limitations guidelines (ELGs) to limit pollutants discharged from industrial point source categories. EPA initially promulgated ELGs for the Meat and Poultry Products (MPP) category in 1974 and amended the regulations in 2004. The current regulation covers wastewater directly discharged by meat and poultry slaughterhouses and further processors, as well as independent renderers, but does not cover small facilities and indirect dischargers. In this rulemaking revision, EPA is considering revising and/or establishing new numeric effluent limits for direct and indirect dischargers in the MPP industry. EPA is also considering changes to the current subcategories and/or establishing additional subcategories. Potential revisions to the rulemaking may expand regulations to cover small facilities and indirect dischargers, which may impact small entities.

Additional information is available on EPA’s web site: Meat and Poultry Products Effluent Limitations Guidelines.

What is a Small Business Advocacy Review Panel?

EPA expects to conduct a Small Business Advocacy Review (SBAR) Panel for the development of a proposed rulemaking that may impact small entities that engage in the slaughter, further processing, and/or rendering of meat and poultry, and that discharge wastewater to waters of the U.S. or to publicly owned treatment works (POTWs).

The Regulatory Flexibility Act as amended by the Small Business Regulatory Enforcement Fairness Act (RFA/SBREFA) requires EPA to convene an SBAR Panel unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The Panel process offers an opportunity for small businesses, small governments, and small not-for-profit organizations (collectively referred to as small entities) to provide advice and recommendations to ensure that EPA carefully considers small entity concerns regarding the impact of the potential rule on their businesses, governments, or organizations. The Panel itself is comprised of federal employees from EPA, the Office of Management and Budget’s (OMB’s) Office of Information and Regulatory Affairs (OIRA), and the Office of Advocacy in the Small Business Administration (SBA). Small Entity Representatives (SERs) provide advice and recommendations to the Panel. Typically, EPA prefers that SERs be owners or operators of small businesses, small organization officials, or small government officials. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, also may serve as SERs. These other representatives are evaluated on a case-by-case basis.

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US EPA, 18-01-22
; https://www.epa.gov/reg-flex/potential-sbar-panel-meat-and-poultry-products-effluent-limitations-guidelines-rulemaking