September 21, 1999 Thomas E. Kelly (MC-2131) Small Business Advocacy Chair U.S. Environmental Protection Agency 401 M Street, S.W. Washington, D.C. 20460 Subject: Concentrated Animal Feeding Operation Regulations-- National Pollutant Discharge Elimination System and Effluent Limitation Guidelines Regulations; SBREFA Small Business Advocacy Panel Dear Mr. Kelly: I have received your letter dated September 2, 1999 regarding Concentrated Animal Feeding Operation (CAFO) Regulations, notifying us of the possibility of convening one or more Small Business Advocacy Review Panels under 609(b) of the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996. Having examined the list of suggested small business representatives, SBA suggests the following changes (see attachment). Thank you for the extension of the deadline from Friday September 19 until today for submitting our formal response to EPA's proposed SER list. 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. 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 also strongly recommend that the agency hold several prepanel meetings in accordance with the most current EPA SBREFA guidance to assure that adequate and timely information and data is provided to the small entity representatives and the panel representatives. Sincerely, Jere W. Glover Chief Counsel for Advocacy cc: Art Fraas, OMB ADDITIONS: SER Region Contact Recommended by: Notes Informatio n BEEF: SIC Code 0211 John Nationa National Mr. Pemberton would like Pembert l Cattlemen' to serve as an on s association Beef representative to Associatio represent the concerns of n small Beef operations. 1301 Pennsylvan ia Avenue NW Suite 300 Washington , DC 20004 202-347- 0228 202-638- 0607 (F) jpemberton @beef.org Galen Midwest 308-536- Troy Bredenkamp Mr. Frenzen has Frenzen (Nebras 2069 Nebraska Cattlemen's approximately 300 cattle ka) Route 2, Association on his feedlot. Box 14 1335 H Street Fullerton, Lincoln, NE 68508 NE 68638 402-475-2333 TBredenkamp@NECattlemen. org Steve Central 406-442- Jim Peterson, Executive Mr. Pilcher assists in Pilcher (Montan 3420 (W) Director running a 175 head a) 406-443- Montana Stock Growers operation on his family's 2642 (H) Association feedlot in Montana. He steve@mtbe 420 North California is the expert on CAFO ef.com Helena, MT 59601 regulations and related 241 406-442-3420 small-business issues at Franklin the MT Stock Growers Mine Road Association and brings Helena, MT years of experience 59602 working on these issues in Nebraska and Montana. He could represent small beef operations in MT well. John Central 719-254- Bob Frankmar Mr. Schweizer has 600- Schweiz (Colora 3218 Colorado Farm Bureau head capacity but an er Jr. do) 14357 Road 9177 East Mineral Circle actual operation of GG Inglewood, Co 80112 approximately 450 head. Rocky 303-455-4553 Ford, CO 81067 DAIRY SIC Code 0241 Carissa Nationa National Ms. Itle would like to Itle l Milk serve as an association Producers representative to Federation represent the concerns of 2101 small dairy producers. Wilson Blvd Arlington, VA 22201 703-243- 6111 703-841- 9328 (F) citle@nmpf .org Ed Central 660-463- Bob Hitzhusen, Executive Mr. Nierman has Nierman (Missou 7739 (H) Director approximately 60 cows. ri) 30230 Old Missouri Farm Bureau Highway 40 701 Country Club Drive Concordia, Jefferson City, MO 65109 MO 74020 573-893-1408 SWINE: SIC Code 0213 Deb Nationa National Ms. Atwood would like to Atwood l Pork serve as an association Producers representative to Council represent the concerns of 122 C small pork operations. Street NW Suite 875 Washington , DC 20001 202-347- 3600 202-347- 5265 (F) atwoodd@np pc.org Glenn Midwest 319-391- Deb Atwood Mr. Keppy has Keppy (Iowa) 2075 National Pork Producers approximately 1,200 pigs 319-391- Council (averaging 100 pounds 5926 (F) 122 C Street NW each) on his feedlot. 21316 Suite 875 155th Washington, DC 20001 Avenue 202-347-3600 Davenport, 202-347-5265 (F) IA 52804 atwoodd@nppc.org Poultry Don Nationa American Parish l Farm Mr. Parish would like to Bureau serve as a trade Federation association 225 Touhy representative of small Avenue poultry operations. 95 Park percent of his Ridge, IL organization's members 60068 have annual incomes of 847-685- $500,000 or less. 8742 Broiler s: SIC Code 0251 James South 501-789- Bruce Tencleze Mr. Anderson is an Anderso (Arkans 2443 Arkansas Farm Bureau independent contract n as) 23388 Fate 10720 Kanis Road grower and has Anderson Little Rock AK 722111 approximately 90,000 Road 501-224-4400 Broilers/Flock and 6 Hindsville Flocks/year. 75 to 80 , AK percent of his annual 72738 earnings is derived from Broilers while the rest comes from in Beef Cattle. Layers: SIC Code 0252 George South 803-534- Bernie Wright Mr. Ulmer grows Ulmer (South 9595 State Director approximately 60,000 Carolin 3251 USDA Rural Development hens/Flock (2 a) Baumberg 803-253-3725 Flocks/year) to be layers Road and also raises 8,000 Orangeburg males. 70 percent of his , South income comes from Carolina chickens and it's a dry 29115 litter operation. He also adds diversity to the process (Black).