Via Electronic Mail
     March 17, 2005
     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 Federal Implementation Plans to
     Reduce Interstate Transport of Fine  Particulate Matter
     and Ozone and Section 126 Petition from North Carolina
     to Reduce Interstate Transport of Fine Particulate
     Matter and Ozone rules (a.k.a., CAIR FIP/126)

     Dear Mr. Cristofaro:

          I have received your letter dated March 2, 2005
     regarding the Environmental Protection Agency's intent
     to convene two concurrent Small Business Advocacy
     Review Panels for forthcoming regulatory proposals
     entitled Federal Implementation Plans to Reduce
     Interstate Transport of Fine  Particulate Matter and
     Ozone and Section 126 Petition from North Carolina to
     Reduce Interstate Transport of Fine Particulate Matter
     and Ozone rules (a.k.a., CAIR FIP/126), 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 contact
     other potential small entity representatives to obtain
     some additional geographic coverage.  In addition, we
     suggest the addition of Theresa Pugh, representing the
     American Public Power Association (see attachment).
     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 also
     strongly recommend that the agency hold several pre-
     Panel 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,
Thomas M. Sullivan
Chief Counsel for Advocacy

Enclosure

cc:  The Honorable John Graham,
     Administrator, Office of Information and Regulatory
Affairs
     Office of Management and Budget
ADDITION:
Theresa Pugh
Director
Environmental Services
American Public Power Association (APPA)
2301 M Street, NW
Washington, D.C. 20037
(202) 467-2943 direct
(202) 467-2992 fax