March 18, 1997
Thomas E. Kelly (MC-2131)
Small Business Advocacy Chair
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Subject: Implementation of Ozone and Particulate Matter (PM) National Ambient Air Quality Standards and Regional Haze Regulations
Dear Mr. Kelly:
I have received your letter dated March 3, 1997 regarding the proposed rulemaking regarding Implementation of Ozone and Particulate Matter (PM) National Ambient Air Quality Standards and Regional Haze Regulations, 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 list of suggested small business representatives, and agree with your selection.
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 understand that EPA is planning to issue the proposal on July 18th. Based on our current understanding of the process, we seriously doubt that this time frame will be adequate to apprise the affected small businesses of the regulatory options, prepare a panel report, and prepare an initial regulatory flexibility analysis to accompany the proposal within 120 days. We will try to work with the agency to expedite this process as much as possible.
Sincerely,
Jere W. Glover
Chief Counsel for Advocacy
cc: Art Fraas, OMB