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Musbingtnn, 19(tC 20515 

July 24, 2013 

Ms. Gina McCarthy 

Administrator 

Environmental Protection Agency 

1200 Pennsylvania Avenue, N. W. 

Washington, DC 20460 

Re: EPA Proposed Rule: Revisions to Existing Requirements and New Requirements for Secondary 

Containment and Operator Training (EPA—HQ—UST-2011-0301) 

Dear Ms. McCarthy: 

We are writing to express our concern about the U.S. Environmental Protection Agency's (EPA) proposed rule 

amending 40 CFR Parts 280 and 281; Revisions to Existing Requirements and New Requirements for 

Secondary Containment and Operator Training (EPA—HQ—UST-2011-0301), published in the Federal Register 

on November 18, 2011. In light of the regulatory cost impact of the proposed rule on small businesses, we 

respectfully request that the EPA withdraw the proposed rule and form a Small Business Advocacy Review 

(SBAR) panel. 

After doing its own evaluation of the economic impacts of the proposed rule, the EPA estimated a compliance 

cost of $900 which they conclude would not constitute a significant economic impact on small businesses. 

However, according to industry experts, a more realistic estimate of the cost of compliance is $6,960 annually 

which could be particularly burdensome, especially since much of the convenience store industry is comprised 

of small businesses. Many of those businesses who were interviewed by EPA as part of the cost evaluation tell 

us that the scope of evaluation was not adequate to determine the full impact of the proposed rule. 

Also, the Small Business Administration's (SBA) Office of Advocacy was not contacted as contemplated by the 

Regulatory Flexibility Act, and EPA has not had the benefit of a Small Business Regulatory Enforcement 

Fairness Act (SBREFA) panel process to evaluate the costs and benefits of the proposed rule. We believe EPA 

would benefit from the panel and the expertise of the industry in assessing costs and perhaps finding a more 

effective and economical tank release and monitoring program. 

Ultimately, the discrepancy between the agency cost estimates and the industry estimates cause us concern and 

warrants further evaluation. We respectfully suggest that the proper remedy would be to withdraw the proposed 

rule and form a Small Business Advocacy Review (SBAR) panel to address the issues raised. 

Thank you for your eonsideration. We look forward to hearing from you. 

Sincerely, 

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