April 12, 2000

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

Subject:  Control of Emissions of Hazardous Pollutants from
Motor Vehicles and Motor Vehicle Fuels ("Toxics"); Small
Entity Representative Recommendations
Dear Mr. Kelly:
     
     I received your letter on March 24, 2000 regarding
entitled  Control of Emissions of Hazardous Pollutants from
Motor Vehicles and Motor Vehicle Fuels ("Toxics"), notifying
us of the possibility of convening a Small Business Advocacy
Review Panel under 609(b) of the Regulatory Flexibility
Act, as amended by the Small Business Regulatory Enforcement
Fairness Act of 1996.
     
     Having examined the most recent list of small business
representatives, we have asked EPA to provide a specific
explanation of why several small refiners who were
previously identified as small businesses in a previous
rulemaking have been excluded from the most recent list.  We
understand that one of the refiners, Pride, has discontinued
the refinery operation.  When we have EPA's explanations, we
will provide our recommendations on those refiners.  We do
not know of any additional small refiners to add to the list
of small entity representatives.

Next Steps

     We understand that the agency plans to re-evaluate
whether the proposal would have a significant impact on a
substantial number of small entities.  If the agency finds
no such impact, a Panel would not be required under SBREFA.
If a Panel were 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 609(b)(4)), in order to allow sufficient review
time by Panel members.  In this case, my office has already
drafted a detailed data request for the agency, and look
forward to receiving that information before the Panel is
convened.  The agency is already one week behind its
promised schedule for providing this information.  It is
important that adequate and timely information and data is
provided to the small entity representatives and the panel
representatives.

Sincerely,



Jere W. Glover
Chief Counsel for Advocacy

cc: Art Fraas, OMB