Via Electronic Mail October 12, 2007 Mr. Alexander Cristofaro (MC-1804A) Small Business Advocacy Chair U.S. Environmental Protection Agency 1200 Pennsylvania Ave., N.W. Washington, DC 20460 Subject: SBAR Panel for National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical Requirements and Consideration of Distribution System Issues (TCR Rule) Dear Mr. Cristofaro: I have received your letter dated September 28, 2007 regarding the Environmental Protection Agency’s intent to convene an SBAR Panel for National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical Requirements and Consideration of Distribution System Issues (TCR Rule), under § 609(b) of the Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). Having examined the list of suggested small entity representatives, Advocacy suggests that you considering adding the additional small entity representatives who we have listed on an attachment to this correspondence. We believe these small entity representatives provide some additional expertise. Next Steps We understand that the agency plans to re-evaluate whether the proposals would have a significant impact on a substantial number of small entities. If the agency finds no such impact, a Panel would not be required under SBREFA. In order to make such a finding, the agency would need to provide a factual basis for such a certification in the proposed rule, as required under § 605(b) of the RFA. If a Panel were 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 §609(b)(4)), in order to allow sufficient review time by Panel members. We are pleased to note that the agency has already started the pre-Panel meetings in accordance with the EPA SBREFA guidance to assure that adequate and timely information and data is provided to the small entity representatives and the panel representatives. We look forward to seeing a revised pre-panel schedule and draft outreach materials in the near future. Sincerely, Thomas M. Sullivan Chief Counsel for Advocacy Enclosure cc: The Honorable Susan Dudley, Administrator, Office of Information and Regulatory Affairs Office of Management and Budget ADDITIONS: American Water Works Association Nominees: Scott Borman Benton / Washington Regional Public Water Authority 15531 Woods Lodge Road Rogers AR 72756 Phone: US +1 4794519516 Call Fax: (479) 451-9992 Email: scott.borman@bwrpwa.com Chuck Van Der Kolk Water Supervisor Zeeland BPW 350 E. Washington Ave. Zeeland, Michigan 49464 Phone: US +1 6167726212 Call Email: chuckv@bpw.zeeland.mi.us National Rural Water Association Nominees: Tom Goulette 1018 N. Main Street West Point, NE 68788 Business Phone: (402) 372-2466 Home Phone: (402) 372-5451 Email: tfgoulette@hotmail.com John Sasur Water Superintendent, Three Rivers Water Dept. PO Box 182 Three Rivers, MA Home: (413) 283-5275 Cell: (413) 261-2712 Work: (413) 283-9284 Email: jsasur@hotmail.com Steven King Director, St. Mary's County Metropolitan Commission 43990 Commerce Ave. Hollywood, MD 20636 Business Phone: (301) 373-4733 x 212 Home Phone: (301) 373-5980 Cell: (240) 538-5737 Fax: (301) 373-4822 E-mail: sking@metcom.org Dave Houghtelling Cambridge NE cambridg@swnebr.net (more detail to be supplied) George Hanson Chesapeake Water Association PO Box 476 11560 H. G. Truman Rd Lusby, MD 20657 Phone: 410-326-4122 gm-crwc@comcast.net