Thomas E. Kelly (MC-2131)
Small Business Advocacy Chair
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Subject: Comprehensive NPDES Phase II Stormwater Regulations; SBREFA Small Business Advocacy Panel
Dear Mr. Kelly:
I have received your letter dated April 10, 1997 regarding the proposed rulemaking regarding Comprehensive NPDES Phase II Stormwater Regulations, 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 suggest the following additions as outlined in the attached memorandum from Kevin Bromberg of my staff.
We appreciate the advance receipt of some of the materials associated with the rulemaking forwarded by your office, and we look forward to working with Ms. Traci Brown, project leader for the proposed rulemaking.
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
Traci Brown, EPA