p.1 

OAR Box 1793 

Prepped by Keeia Richards 

Document Number: 

35) ll-F-80 

Docket Number: 

A-90-37 

Printed 11/3/2008 11:31:54 AM Sheet 35 of 45 
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/I'90-3-7 

COVE R 

FAX 

SHEE T 

To: Chris Wolz 

Fax#: 1-202/335-7285 

Subject: Revised Preamble Language for 

E.O. 1286 6 and Reg Flex Act 

Date: 1 1/13/95 

Pages: 3 (including cover sheet) 

.Aft. .04996 IV 

?EPAAIKC^. 

••'.!> • 

COMMENTS: 

Here are the two pages that we discussed by phone. If I can be of further 

assistance, please call me again. 

From tne desk of... 

Dan deRoeck 

Env. Engr 

U.S.EPA-ITPID/IIG 

mail drop 12 

RTP NC 27711 

919/541-5593 

FAX 919/541-5509 
P.3 

f . 

299 

if no requests to speak have been received 15 davs prior to the 

scheduled hearing date. 

D. Executive Order (EO) 12866 

Section 3(f) of EO 12866 defines "significant regulatory 

action" for purposes of centralized regulatory review bv the 

Office of Management and Budget (OMB) to mean anv regulatory 

action that is likely to result in a rule that mav: 

(1) Have an annual effect on the economy of $100 million or 

more or adversely affect in a material wav the economy, a 

sector of the economy, productivity, competition, nobs, the 

environment, public health or safety, or State, local or 

tribal governments or communities; 

(2) Create a serious inconsistency or otherwise interfere 

with an action taken or planned bv another agency; 

(3) Materially alter the budgetary impact of entitlements, 

grants, user fees, or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues arising out of legal 

mandates, the President's priorities, or the principles set 

forth in the Executive Order. 

Drafts of this proposed rule and associated materials were 

reviewed bv the OMB because of the novel policy issues presented 

and anticipated public interest in this action. Interagency 

PRELIMINARY STAFF WORKING DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW * DOES NOT REPRESENT OFFICIAL EPA POLICY 

•••November 13, 1995 [file name: Masterl.107] *** 
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300 

review materials have been placed in the public docket in 

accordance with section 307(d)(4)(B)(ii) of the CAA and section 

6(a) (3) (E) of E.O. 12866 (including documents identifying the 

substantive changes made between the draft submitted to OMB for 

review and the action proposed, and the changes that were made at 

the suggestion or recommendation of OMB) . 

E. Regulatory Flexibility Act 

Under the Regulatory Flexibility Act. 5 U.S.C. sections 601-

612. EPA must prepare and make available for public comment an 

initial regulatory flexibility analvsis assessing the impact of a 

proposed rule on small entities. See 5 U.S.C. section 603. 

Small entities include small businesses, small not-for-profit 

enterprises and government entities with jurisdiction over 

populations of less than 50.000. See 5 U.S.C. section 601. 

However, the requirement to prepare a regulatory flexibility 

analysis does not apply if the Administrator certifies that the 

rule will not, if promulgated, have a significant economic impact 

on a substantial number of small entities. See 5 U.S.C. section 

605(b) . 

PRELIMINARY STAFF WORKING DRAFT FOR OFFICE OF MANAGEMENT AND 

BUDGET REVIEW * DOES NOT REPRESENT OFFICIAL EPA POLICY 

•••November 13, 1995 [file name: Masterl.107] •••