December 22, 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: Revisions to the Underground Injection Control Regulations for Class V Injection Wells, 40 CFR Parts 144 and 146; SBREFA Small Business Advocacy Panel
Dear Mr. Kelly:
I have received your letter dated December 8, 1997 regarding the proposed rulemaking regarding Revisions to the Underground Injection Control Regulations for Class V Injection Wells, 40 CFR Parts 144 and 146, 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 five additional parties (see attachment). After receipt of the list of commenters from the 1995 notice of proposed rulemaking, Advocacy may request that EPA add additional small business representatives.
We appreciate the advance receipt of some of the materials associated with the rulemaking forwarded by your office, including the list of small entity representatives already identified by EPA, and general background information concerning 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
Tracy Alaimo Mattson
Institute of Scrap Recycling Industries
1325 G St., NW
Washington, DC 20005
John J. Huber
Petroleum Marketers Association of America
1901 N. Fort Meyer Drive
Arlington, VA, 22209-1604
Jill Zucker, Esq. (representing National Funeral Directors Association)
Bryan Cave LLP
700 13th Street, NW Washington, DC 20005
Jeffrey S. Longsworth and Jeffrey L. Leiter (representing the Society of Independent Gasoline Marketers of America and American Rental Car Association)
Collier, Shannon, Rill & Scott PLLC
3050 K Street NW
Washington, DC 20007