[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Rules and Regulations]
[Pages 6494-6495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3014]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[FRL-5959-1]


Technical Amendments to Clean Air Act Final Interim Approval of 
Operating Permits Programs; Delegation of Section 112 Standards; State 
of Massachusetts; Correction; Correction of Effective Date Under 
Congressional Review Act (CRA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final interim approval correction; correction of effective date 
under CRA.

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SUMMARY: On May 15, 1996, EPA promulgated interim approval of the 40 
CFR part 70 Operating Permits Program for the Commonwealth of 
Massachusetts. That document correctly identified the effective date of 
the approval as May 15, 1996. The May 15, 1996, document also amended 
the text of 40 CFR part 70, Appendix A, to reflect the effective date 
of the interim approval; however, an incorrect date was added to 
Appendix A. On June 20, 1996 (61 FR 31442) EPA published a final rule 
amending 40 CFR part 70, Appendix A, to correct the effective date in 
Appendix A to May 15, 1996. This document corrects the effective date 
of the June 20, 1996, rule to February 9, 1998 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 and 808.

EFFECTIVE DATE: This rule is effective on February 9, 1998.

FOR FURTHER INFORMATION CONTACT: Robyn McCarville, EPA Region I, at 
(617) 565-9128.

SUPPLEMENTARY INFORMATION:

I. 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 Congress and to the Comptroller 
General of the General Accounting Office (GAO). EPA recently discovered 
that it had inadvertently failed to submit the June 20, 1996, rule as 
required; thus, although the rule was promulgated on June 20, 1996 (61 
FR 31442) by operation of law, the rule did not take effect. Now that 
EPA has discovered its error, the rule is being submitted to both 
Houses of Congress and the GAO. This document amends the effective date 
of the June 20, 1996, rule consistent with the provisions of the CRA. 
The effective date of the May 15, 1996, interim approval (61 FR 24460) 
is not changed.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(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

[[Page 6495]]

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)(B). Moreover, since today's action does not create any 
new regulatory requirements and affected parties have known of the 
underlying rule since June 20, 1996, 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).

II. 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 Order for the 
underlying rule is discussed in the May 15, 1996, 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 is effective on February 9, 1998. 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 within 
60 days of publication of the amendment.

    Dated: January 30, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3014 Filed 2-6-98; 8:45 am]
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