May 31, 2001

Thomas E. Kelly (MC-2131)
Small Business Advocacy Chair
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460

Subject: Effluent Elimination Guidelines and Standards for
the Construction and Development Category; Small Entity
Representative Recommendations
Dear Mr. Kelly:
     
     I received your letter on May 16, 2001 regarding
Effluent Elimination Guidelines and Standards for the
Construction and Development Category, notifying us of the
possibility of convening a Small Business Advocacy Review
Panel under 609(b) of the Regulatory Flexibility Act, as
amended by the Small Business Regulatory Enforcement
Fairness Act of 1996.
     
     After discussions with EPA about the list of small
business representatives, we agree with the list that EPA
has provided as an attachment to the formal notice letter.
We believe that EPA should consider adding several more
representatives to insure adequate geographic
representation, because the stormwater controls would vary
for different climates within the United States.

Next Steps

     We understand that the agency plans to re-evaluate
whether the proposal 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.
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 look forward to reviewing the
outreach materials now being drafted by the agency.  It is
important that adequate and timely information and data is
provided to the small entity representatives and the panel
representatives.  We hope to work with the agency to
finalize the information for the formal small entity
representatives before the convening of the panel, now
expected in early July.

Sincerely,



Susan M. Walthall
Acting Chief Counsel for Advocacy

cc: Art Fraas, OMB