September 20, 1999

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 Air Pollution From New Motor Vehicle
Engines: Proposed Heavy Duty Standards and Diesel Engine
Standard: Small Business Advocacy Panel

Dear Mr. Kelly:
     
     I  received your letter on September 7, 1999 regarding
Control of Air Pollution From New Motor Vehicle Engines:
Proposed Heavy Duty Standards and Diesel Engine Standard,
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 list of suggested small business
representatives, we have added several additional parties to the list at this time.
We agree to the EPA list (including the list of trade
associations to act as SERs) and have added several
individual diesel refiners, and several individual owners of
diesel highway retail facilities, including members from the
Petroleum Marketers Association of America and the National
Association of Truck Stop Operators, as EPA suggested.

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. We strongly recommend that the agency
hold several prepanel meetings in accordance with the most
current EPA SBREFA guidance to assure 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

I.   Additional Diesel Refiners

Al Gonzales
President, CEO and Owner
Age Refining Inc.
4455 Alpha Road, Building #2
Dallas, TX  75244-4548

Steve Lewis
CEO
Petrostar Inc.
200 Artic Slope, Suite 200
Anchorage, AK  99518-3030

II.  Additional Diesel Marketers

Bryan McClain, Director
Choctaw Nation Travel Plaza (Truck stop distribution center)
P.O. Drawer 1210
Durant, OK  74702-1210

W. L. (Bill) Ferren, President (Distributor/Retailer)
B-B-F Oil Co., Inc.
P.O. Box 8041
Pine Bluff, AR  71611-8041

Gerry Ramm   (PMMA chairman of motor fuels committee)
Inland Oil Company
P.O. Box 1170
Ephrata, Washington  98823

Donald Schnacke
Kansas Independent Oil and Gas Assoc.
Topeka, KS

Duke Palmer (Distributor)
President
Lucky Lady Oil Inc.
Ft. Worth TX

David Froelich (Distributor)
Froelich Oil Co.
222 E. Front Ave.
Bismarck, ND 58504

Chester Cadieux (Service Station owner)
President
KWIK Trip Inc.
PO Box 3475
Tulsa, OK  74101

Dale Lindsey (Distributor)
President
Harbor Enterprises
PO Box 389
Seward, AK  99664