[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Rules and Regulations]
[Pages 415-416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-259]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 099-4063; FRL-5945-4]


Technical Amendments to Approval and Promulgation of Air Quality 
Implementation Plans; Pennsylvania: 15 Percent Plan and 1990 VOC 
Emission Inventory for the Philadelphia Area: Correction of Effective 
Date Under Congressional Review Act (CRA)

AGENCY: Environmental Protection Agency (EPA).

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

-----------------------------------------------------------------------

SUMMARY: On June 9, 1997 (62 FR 31343), the Environmental Protection 
Agency published in the Federal Register a final rule under the Clean 
Air Act concerning conditional interim approval of the state 
implementation plan revision for the Philadelphia ozone nonattainment 
area, which established an effective date of July 9, 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.

EFFECTIVE DATE: December 30, 1997.

FOR FURTHER INFORMATION CONTACT: Tom Eagles at (202) 260-9766.

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 June 9, 
1997, by operation of law, the rule did not take effect on July 9, 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 document 
amends the effective date of the rule consistent with the provisions of 
the CRA.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b), 
provides that, when an agency for good cause finds that notice and 
public procedure are impracticable, unnecessary or contrary to the 
public interest, an 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. The Agency finds that this constitutes good cause 
under 5 U.S.C. 553(b). Moreover, since today's action does not create 
any new regulatory requirements and affected parties have known of the 
underlying rule since June 9, 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).
    Because the delay in the effective date was caused by EPA's 
inadvertent failure to submit the rule under the CRA, EPA does not 
believe that affected entities that acted in good faith relying on the 
effective date stated in the June 9, 1997 Federal Register should be 
penalized if they were complying with the rule as promulgated.

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

[[Page 416]]

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 June 9, 1997 Federal Register document.
    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 does not amend any substantive requirements contained in the 
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.
[FR Doc. 98-259 Filed 1-2-98; 10:01 am]
BILLING CODE 6560-50-P