Nelson Mullins Riley & Scarborough

Small Business Victory on EPA rule
U.S. Environmental Protection Agency will revise storm water rules

EPA’s effluent limitation guidelines are part of the agency’s efforts to reduce water pollution caused by storm water draining from construction sites. EPA’s proposal was been in the works for over eight years. Litigation on EPA’s stormwater rules by the Natural Resources Defense Council resulted in a court order for the agency to issue its final effluent limitation guidelines by December of last year. EPA’s cost estimates for its final rule were ten times lower than the $10 billion estimated cost of compliance projected by SBA’s Office of Advocacy. Both the National Association of Home Builders and SBA’s Office of Advocacy petitioned the agency in April to revise its rule because EPA severely under-estimated the rule’s impact on small entities. The U.S. Department of Justice agreed with the petitioners and has requested that EPA lower the burden on small business by revising its rule.

Analysis for SBCRR Subscribers

EPA will be under a tight deadline to revise its rule. EPA will rely on small business stakeholders to provide constructive suggestions for preserving the rule’s objectives while lowering the numeric limit on the amount of sediment that can cloud storm water discharges from constructions sites.

Key Documents

• SBA Office of Advocacy press release on victory: click here
• SBA Office of Advocacy petition (April 20, 2010): click here
• News article on EPA’s Storm Water Rules: click here

New Chief Counsel for Advocacy
Winslow Sargeant on board as head of SBA’s Office of Advocacy

On Thursday, August 19, President Obama appointed Winslow Sargeant as the Sixth Chief Counsel for Advocacy at the U.S. Small Business Administration. The new Chief Counsel will be moving from Wisconsin to Washington to take on his new responsibilities. Winslow was the program manager for the Small Business Innovations Research (SBIR) program in Electronics at the National Science Foundation from 2001-2005. Since that time, Winslow has been involved with several entrepreneurial ventures and has collaborated with universities and small businesses in the technology transfer arena.

Key Documents

• White House News Release on Winslow Sargeant’s appointment: click here
• OpEd on Winslow Sargeant’s appointment: click here

SYMPOSIUM SEPTEMBER 21

Learn about the Regulatory Flexibility Act and how the Office of Advocacy can help

SBA’s Office of Advocacy is convening a symposium to highlight the Regulatory Flexibility Act on September 21st at Washington, DC’s Metro Center Marriott (775 12th Street, NW). The symposium is an opportunity to learn more about how the Regulatory Flexibility Act and the Office of Advocacy can help small business. The day-long event will feature panels of experts who will outline various aspects of the law in a how-to format intended to benefit small business stakeholders. Register at: http://www.sba.gov/advo/rfa@30_registration.html