May 5, 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: Long Term 1 Enhanced Surface Water Treatment and Filter Backwash Recycling; SBREFA Small Business Advocacy Panels
Dear Mr. Kelly:
I have received your two separate letters dated April 20, 1998, regarding Long Term 1 Enhanced Surface Water Treatment and Filter Backwash Recycling, notifying us of the possibility of convening Small Business Advocacy Review Panel(s) 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 note that the list of potential small entity reviewers is the same for both rulemakings.
Having examined the list of suggested small business representatives, we have no additional parties to add to the list at this time. However, EPA has indicated that four of the initially designated small entity representatives were eliminated from the final list submitted to this office because they did not fit within the legal definition of small entity representatives. Advocacy may wish to supplement the list of small entity reviewers, possibly with one or more of these four individuals, before the Panel is convened. We would also like to know which of these four small entity representatives are affiliated with surface water treatment systems.
We have not yet been briefed by EPA regarding the basis for its determinations. As you know, we are waiting for EPA to schedule a phone conversation with the Panel members to discuss the legal and factual issues regarding designation of small entity representatives in this and other rulemakings. Advocacy asks that small entity representatives not be disqualified from participating in Panels by EPA alone. Such decisions would greatly benefit the Panel process if they are made in consultation with all Panel members.
We appreciate the advance receipt of some of the materials associated with the rulemaking forwarded by your office, including general background information concerning the rule, and materials provided in a April 28 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(s) would not be required under SBREFA. If a Panel(s) is convened, a final Panel(s) report would be prepared.
If a panel(s) 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