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).