Thomas E. Kelly (MC-2131)
Small Business Advocacy Chair
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, DC 20460
Subject: Control of Emissions of Air Pollution from Nonroad Diesel Engines; SBREFA Small Business Advisory Panel
Dear Mr. Kelly:
I have received your letter dated November 13, 1996 regarding the proposed rulemaking regarding Control of Air Pollution from Nonroad Diesel Engines, 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 new Small Business Regulatory Enforcement Fairness Act of 1996. We have reviewed the list of suggested small business representatives, and agree with your selection. We understand that you are still looking for additional representatives.
Next Steps
As we understand it, the agency plans to draft a report containing the views and recommendations of the small entity representatives. The agency will, at that time, evaluate whether the proposal would have a significant economic effect 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. We agree with this approach, as we have stated in earlier letters regarding SBREFA.
In addition, 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. The Statement of Principles, developed with some of these same representatives, provides a substantial portion of the needed support materials for this rulemaking.
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
Tad Wysor, EPA