Feburary 13, 1998
Thomas E. Kelly (MC-2131)
Small Business Advocacy Chair
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Subject: Ground Water Disinfection Rule; SBREFA Small Business Advocacy Panel
Dear Mr. Kelly:
I have received your letter dated January 29, 1998 regarding the Ground Water Disinfection Rule, 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 two additional parties at this time (see attachment).
We need the agency to identify which representatives are members of trade associations that operate non-community water sources, and which representatives were recommended by their respective trade associations. In order to implement the SBREFA process, we would like to ensure that the interests of the trade associations with small entity members are fully represented, and need to know which trade associations are willing to provide important technical advice and assistance to its members who are to participate in the process. The agency has already provided some of this information. We may wish to supplement this list in the future, after receipt of this additional information from EPA.
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, general background information concerning the rule, and materials provided in a December 1997 stakeholder meeting regarding this 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
Mike P. Walsh
Shoreland Water Company (recommended by National Association of Water Companies)
1709 Union Ave.
P.O. Box 15
Hazlet, New Jersey 07730
Representative or member of Association of California Water Agencies
Others that may be identified by trade associations representing non-transient/ non-community systems and transient/ non-community systems (if not already represented)