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,
/s/
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
mail: 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