April 17, 1998

Thomas E. Kelly (MC-2131)
Small Business Advocacy Chair
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460

Subject: Federal Implementation Plans to Reduce the Regional Transport of Ozone in the Eastern United States; Findings of Significant Contribution and Rulemaking on Section 126 Petitions from Eight Northeastern States For Purposes of Reducing Interstate Ozone Transport: SBREFA Small Business Advocacy Panels

Dear Mr. Kelly:

I have received your letter dated April 3, 1998 regarding proposed rulemakings regarding Federal Implementation Plans to Reduce the Regional Transport of Ozone in the Eastern United States and Findings of Significant Contribution and Rulemaking on Section 126 Petitions from Eight Northeastern States For Purposes of Reducing Interstate Ozone Transport, notifying us of the possibility of convening Small Business Advocacy Review Panels under Section 609(b) of the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996. We have reviewed the list of suggested small business representatives, and have added three additional parties (see attachment) who seek to participate, if the agency determines that a Panel is to be convened for either one or both of the rulemakings.

We appreciate the advance receipt of some of the materials associated with the rulemaking forwarded by your office, including the list of small entity representatives already identified by EPA, and general background information concerning the rule. We also note that representatives from the Office of Air Quality Planning and Standards held an outreach meeting designed to brief potential small entity representatives for these proposed Panels April 14.

Next Steps

We understand that the agency plans to draft a report containing the views and the recommendations of the small entity representatives, and re-evaluate whether the proposal would have a significant impact on a substantial number of small entities. If not, a Panel would not be required under SBREFA. If a Panel is 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 Section 609(b)(4)), in order to allow sufficient review time by Panel members. We look forward to working with the agency to implement this important new law.

Sincerely,

Jere W. Glover
Chief Counsel for Advocacy

cc: Art Fraas, OMB

Attachment

Allen Schaeffer
Vice President
Environmental Affairs
American Trucking Associations
2200 Mill Road
Alexandria VA 22314-4677
Phone: 703-838-1844
Fax: 703-838-1992

Victor N. Tucci, M.D.,
Three Rivers Health & Safety, Inc.
280 William Pitt Way
Pittsburgh, PA 15238
Phone: 412-826-5599
Fax: 412-826-5595

Tom Carter
Director of Environmental Affairs
American Portland Cement Alliance
1225 Eye Street, N.W.
Suite 300
Washington, DC 20005
Phone: 202-408-9494
Fax: 202-408-0877