[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Rules and Regulations]
[Page 414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-255]



[[Page 414]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, 60 and 61

[FRL-5943-4]


Technical Amendments to Credible Evidence Revisions; Correction 
of Effective Date Under Congressional Review Act (CRA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction of effective date under CRA.

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SUMMARY: On February 24, 1997 (62 FR 8314), the Environmental 
Protection Agency (EPA) published in the Federal Register a final rule 
concerning credible evidence to clarify that non-reference test data 
can be used in enforcement actions, and to remove any potential 
ambiguity regarding this data's use for compliance certifications under 
Section 114 and Title V of the Clean Air Act. This rule established an 
effective date of April 25, 1997. This document corrects the effective 
date of the rule to December 30, 1997 to be consistent with sections 
801 and 808 of the Congressional Review Act (CRA), enacted as part of 
the Small Business Regulatory Enforcement Fairness Act, 5 U.S.C. 801, 
808.

EFFECTIVE DATE: December 30, 1997.

FOR FURTHER INFORMATION CONTACT: Jon Silberman at (202) 564-2429.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 801 of the CRA precludes a rule from taking effect until 
the agency promulgating the rule submits a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the General Accounting Office (GAO). EPA 
recently discovered that it had inadvertently failed to submit the 
above rule as required; thus, although the rule was promulgated on 
February 24, 1997, by operation of law, the rule did not take effect on 
April 25, 1997 as stated. After EPA discovered its error, the rule was 
submitted to both Houses of Congress and the GAO on December 11, 1997. 
This notice amends the effective date of the rule consistent with the 
provisions of the CRA.
    Pursuant to section 553 of the Administrative Procedure Act, 5 
U.S.C. 553(b), when EPA finds for good cause that notice and public 
procedure are impracticable, unnecessary, or contrary to the public 
interest, the Agency may issue a rule without providing notice and an 
opportunity for public comment. EPA has determined that there is good 
cause for making today's rule final without prior proposal and 
opportunity for comment because EPA merely is correcting the effective 
date of the promulgated rule to be consistent with the congressional 
review requirements of the Congressional Review Act as a matter of law 
and has no discretion in this matter. Thus, notice and public procedure 
are unnecessary. Moreover, since today's action does not create any new 
regulatory requirements and affected parties have known of the 
underlying rule since February 24, 1997, EPA finds that good cause 
exists to provide for an immediate effective date pursuant to 5 U.S.C. 
553(d)(3) and 808(2).

B. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. In addition, 
this action does not impose any enforceable duty or contain any 
unfunded mandate as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4), or require prior consultation with State 
officials as specified by Executive Order 12875 (58 FR 58093, October 
28, 1993), or involve special consideration of environmental justice 
related issues as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994). Because this action is not subject to notice-and-
comment requirements under the Administrative Procedure Act or any 
other statute, it is not subject to the regulatory flexibility 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
EPA's compliance with these statutes and Executive Orders for the 
underlying rule is discussed in the February 24, 1997 Federal Register 
notice.
    Pursuant to 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office; however, in accordance with 5 U.S.C. 808(2), 
this rule became effective on December 30, 1997. This rule is not a 
``major rule'' as defined in 5 U.S.C. 804(2).
    This final rule only amends the effective date of the underlying 
rule; it changes no other aspects of rule. Accordingly, to the extent 
it is available, judicial review is limited to the amended effective 
date. Pursuant to section 307(b)(1) of the Clean Air Act, challenges to 
this amendment must be brought by March 9, 1998.

    Dated: December 30, 1997.
Carol M. Browner,
Administrator, Environmental Protection Agency.
[FR Doc. 98-255 Filed 1-2-98; 10:01 am]
BILLING CODE 6560-50-M