March 16, 2011

Via Electronic Mail

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 Greenhouse Gas New Source Performance Standard for Electric Utility Steam Generating Units

Dear Mr. Cristofaro:

The Office of Advocacy (Advocacy) has received your March 4, 2011, formal notification regarding the Small Business Advocacy Review Panel (Panel) for the forthcoming regulatory proposal, “Greenhouse Gas New Source Performance Standard for Electric Utility Steam Generating Units.”

Advocacy concurs with the list of SERs that EPA provided. We also acknowledge that EPA is continuing to recruit SERs to represent segments of the utility industry not covered by the recently completed NESHAP panel. For this reason, we request the opportunity to further consult on potential SERs prior to convening of this panel.

I hope that EPA will take seriously our previous request and recommendation that EPA and the panel members meet with potential SERs at least once before convening the panel. Ideally, since there are so many significant regulatory actions currently pending that would affect this industry, we hope that EPA will make additional efforts to brief the SERs on these other EPA rulemakings and their possible affects on GHG emissions. We also hope that EPA will be prepared to present SERs with a variety of specific regulatory options upon which the SERs will be able to comment and provide recommendations.

We look forward to our review of panel outreach materials and consultation on the convening date.

Sincerely,

/s/

Winslow Sargeant, Ph.D.
Chief Counsel for Advocacy

cc: The Honorable Cass R. Sunstein, Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget