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.
Next Steps
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.
Sincerely,
Jere W. Glover
Chief Counsel for Advocacy
cc: Art Fraas, OMB
Traci Brown, EPA
Date: April 25, 1997
To: Tom Kelly
George Utting
Traci Brown
From: Kevin Bromberg, Small Business Administration, Office of Advocacy
Subject: Recommendations - Stormwater Phase II SERT Members
These names are in addition to the selections made from the FACA Stormwater phase II list. Did EPA use the entire FACA Stormwater phase II list?
My phone number is 205-6964, and the fax number is 205-6928.
I. Construction- Related Small Entity Representatives
Associated Builders and Contractors
Associated General Contractors
Lee Garrigan
202-383-2722 ph/ fax 347-4004
(in addition to NAHB, already on the list)
II. General Industry - Interest in Expansion of "No Contact" Exemption for Phase I
A .Consultants for Industry - experts in this field
Jack Waggener
Resource Consultants Inc Nashville, TN
615-373-5919 ph/ 370-9198 fax
or John Oliver
RCI Falls Church VA 703-284-7686 (old phone no.)
John Whitescarver
Vice President, Carter & Burgess
Gateway Building, Suite 101
Washington Dulles Internal Airport
P.O. Box 16525
Washington DC 20041 (may be old address)
A. Industry Representatives
John DiFazio
Chemical Specialties Manufacturers Association
1913 K Street, N.W.
Washington DC 20005
202-872-8110 ph/ 872-8114 fax
Jeffrey Longsworth
Collier, Shannon, Rill & Scott
3050 K St. NW
Suite 400
Washington, DC
342-8642 ph/ 338-5534 fax
Robin Weiner
Institute of Scrap Recycling
Washington, DC
Clay Detlefsen
International Dairy Foods Association
Washington DC
202-737-4332 ph/ 331-7820 fax
Brian Bursiek
American Feed Industry Association
703-524-0810 ph/ 524-1921 fax
Russ Snyder
Roof Coatings Manufacturers Association
6000 Executive Boulevard, Suite 201
Rockville, MD 20852-3803
Steve Ilensley
American Trucking Association
2200 Mill Road
Alexandria, VA
703-838-1844 ph/ 838-1992 fax
John Huber
Petroleum Marketers Association of America
Arlington, VA
703-351-8000 ph/ 703-351-9160 fax
Mark Morgan
Petroleum Transportation and Storage Association
4200 Wisconsin Ave., N.W.
Suite 106
Washington, DC 20016
202-364-6767 ph / 966-0288 fax
Key Question for potential industry representatives: Do their industries have a significant potential to benefit from a revised "no exposure" exemption from phase I?
Another question: Do we have enough representation from "phase II" industries, such as metal finishing? Is Bill Sonntag the only "category 11" industry representative? are there small entity reps on the other FACA we should consider including here?
III. Does EPA have representatives from two industries chosen for phase II?
Should we use representatives from Transportation Cleaning panel (some or all?)
Shouldn't we find representatives from school trade associations and American Bus Association for bus maintenance facilities?
I found one relevant association:
National School Transportation Association
Karen Finkel
Springfield, VA
703-644-0700
Does EPA agree with the above approach?
Cc: Mike Cook