September 23, 1999

Thomas E. Kelly (MC-2131)
Small Business Advocacy Chair
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460

Subject: Lead-based Paint Activities, Training and
Certification for Renovation and Remodeling; Small Entity
Representative Recommendations
Dear Mr. Kelly:
     
     I received your letter on September 8, 1999 regarding
Lead-based Paint Activities, Training and Certification for
Renovation and Remodeling, notifying us of the possibility
of convening a Small Business Advocacy Review Panel under
609(b) of the Regulatory Flexibility Act, as amended by the
Small Business Regulatory Enforcement Fairness Act of 1996.
     
     Having examined the list of "confirmed" small business
representatives received on September 15th, we have added
several additional parties to the list at this time.  We
agree to the EPA list and have added several trade
association representatives who were actively involved in
representing their small business members in the phase I
proposal for this rulemaking.  We have also included one
small business owner, Kevin Nolan from the original
September 8 list, who is not among the "confirmed" list of
names.

Next Steps

     We understand that the agency plans to re-evaluate
whether the proposal would have a significant impact on a
substantial number of small entities.  If the agency finds
no such impact, a Panel would not be required under SBREFA.
If a Panel were convened, a final Panel report would be
prepared.

     If a panel is warranted, we ask that EPA provide, in
advance of the convening of the Panel, supporting materials
and possibly a draft regulatory analysis and/or draft rule
(see RFA 609(b)(4)), in order to allow sufficient review
time by Panel members. We strongly recommend that the agency
hold several prepanel meetings in accordance with the most
current EPA SBREFA guidance to assure that adequate and
timely information and data is provided to the small entity
representatives and the panel representatives.

Sincerely,


Jere W. Glover
Chief Counsel for Advocacy
cc: Art Fraas, OMB
I.   Additional Small Entity Representatives
II.  September 23, 1999

Burt Olhiser
JEFFCO Painting & Coating, Inc.
1260 Railroad Ave., Bldg. 750
Vallejo, CA  94592
(ph) 707-55601900
(fax) 707-556-1907

Kevin Nolan  (included already in EPA's formal notification,
but not "confirmed")
Nolan Painting, Inc.
P.O. Box 773
Ardmore, PA  19003
(ph) 610-642-1415
(fax) 610-642-7856

Rhonda Daniels
National Association of Home Builders
1201 15th Street, NW
Washington, DC 20005
(fax) 202-822-0328
(ph) 202-822-0390

David Potts
National Electrical Contractors Associatoin
3 Bethesda Metro Center, Suite 1100
Bethesda, Maryland  20814
(ph) 301-657-3110
(fax) 301-657-4500

Claudia Harris
National Association of
Plumbing-Heating-Cooling Contractors
180 S. Washington, St.,
P.O. Box 6808
Falls Church, Virginia  22046-1148
1-800-533-7694

Eileen Lee
National Muti Housing Council
1850 M Street, NW  Suite 540
Washington, DC  20036
(ph) 202-659-3381
(fax) 202-775-0112


David Keene
Mechanical Contractors Association