Thomas E. Kelly (MC-2131)
Small Business Advocacy Chair
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Subject: Revisions to New Source Review (NSR) Regulations to Implement the New National Ambient Air Quality Standards (NAAQS) for Ozone and Particulate Matter; SBREFA Small Business Advocacy Panel
Dear Mr. Kelly:
I have received your letter dated September 30, 1997 regarding the proposed rulemaking regarding Revisions to New Source Review (NSR) Regulations to Implement the New National Ambient Air Quality Standards (NAAQS) for Ozone and Particulate Matter, notifying us of the possibility of convening a Small Business Advocacy Review Panel 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 lengthy list of suggested small business representatives, and are currently considering the possibility of revising the list to include those small entity representatives especially familiar with the intricacies of new source review, in the interest of having the Panel process proceed as smoothly as possible. We also ask that EPA limit participation to those on the list that are truly affected by this rulemaking, and indicate a desire to participate.
We recognize that this rulemaking is one of the future actions to implement the new NAAQS for ozone and particulate matter discussed during our meeting of August 27, 1997, with John Seitz of EPA's Office of Air Quality Planning and Standards. Because the concept of "new source review" is such a technical one, Advocacy may need some additional time beyond the statutory 15 day time period to identify small entities especially familiar with new source review and request that they be added to the list. Advocacy will, however, complete this additional task and notify EPA before the Panel is convened.
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
John Seitz, EPA