November 8, 2006



The Honorable Ben Grumbles
Assistant Administrator, Office of Water
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460

Dear Assistant Administrator Grumbles:

The Office of Advocacy submitted comments and a Technical Memorandum to your office on March 14,
2006.1  My office’s submittal was intended to provide the U.S. Environmental Protection Agency 
(EPA) with information so that the concerns of small entities would be adequately considered in 
the Proposed 2006 Multi-Sector General Permit (MSGP) for Industrial Facilities.2

While we are aware that the opportunity for formal public comment has expired, we believe that the
information on analytical monitoring of total suspended solids (TSS) contained in the attached 
Technical Memorandum can assist EPA’s efforts to regulate stormwater discharges under the National
Pollutant Discharge Elimination System (NPDES) program.

The Office of Advocacy continues to believe that EPA’s proposal constitutes a rulemaking and we 
are hopeful that EPA takes the appropriate procedural steps to accommodate our views on this legal
matter.3  Regarding the requirements contained in EPA’s proposal, the Office of Advocacy offers
this Technical Memorandum to assist EPA’s consideration of how their regulations will impact small
entities. 




If you have questions regarding this letter or the attached Technical Memorandum, please do not 
hesitate to contact me or Kevin Bromberg who may be reached at:  (202) 205-6964 or
Kevin.bromberg@sba.gov.

				Sincerely,



				Thomas M. Sullivan
				Chief Counsel for Advocacy



				Kevin Bromberg
				Assistant Chief Counsel

Enclosure:
Technical Memorandum, Prepared by E.H. Pechan & Associates, Inc., “Review and Analysis of EPA
Proposal to Require Analytical Monitoring of Total Suspended Solids as Part of Multi-Sector
General Permit, Technical Memorandum,” (November 2006).

cc:  Steven Aitken, Acting Assistant Administrator for the Office of Information and Regulatory
Affairs

1 Letter from Thomas Sullivan, Chief Counsel for Advocacy, U.S. Small Business Administration to
Benjamin Grumbles, Assistant Administrator for Water, U.S. Environmental Protection Agency (March
14, 2006).  Letter accessible at:  http://www.sba.gov/advo/laws/comments/epa06_0314.pdf.  
2 70 Fed. Reg. 72116 (December 1, 2005).
3 See, March 14, 2006 letter, accessible at:  http://www.sba.gov/advo/laws/comments/epa06_0314.pdf.