May 30, 1997
Thomas E. Kelly (MC-2131)
Small Business Advocacy Chair
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Subject: Effluent Limitations Guidelines and Standards for the Centralized Waste Treatment Point Source Category, 40 CFR Part 437; SBREFA Small Business Advocacy Panel
Dear Mr. Kelly:
I have received your letter dated May 16, 1997 regarding the proposed rulemaking regarding Effluent Limitations Guidelines and Standards for the Centralized Waste Treatment Point Source Category, notifying us of the possibility of convening a Small Business Advocacy Review Panel under Section 609(b) of the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996. We have reviewed the list of suggested small business representatives, and have added an additional party (see attachment).
We appreciate the advance receipt of some of the materials associated with the rulemaking forwarded by Mr. Ed Terry, including the fact sheet and regulatory history and a highlight of key data expected to be used in the formation of the rule.
We understand that the agency plans to draft a report containing the views and the recommendations of the small entity representatives, and re-evaluate whether the proposal would have a significant impact on a substantial number of small entities. If not, a Panel would not be required under SBREFA. If a Panel is 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 Section 609(b)(4)), in order to allow sufficient review time by Panel members. We look forward to working with the agency to implement this important new law.
Jere W. Glover
Chief Counsel for Advocacy
cc: Art Fraas, OMB
Jan Matuszko, EPA
Environmental Technology Council
734 15th Street, NW Suite 720
Washington, D.C. 20005
Sherry Edwards Synthetic Organic Chemical Manufacturers Association, Inc. 1100 New York Avenue, NW
Washington D.C. 20005