[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Rules and Regulations]
[Pages 6493-6494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3016]


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ENVIRONMENTAL PROTECTION AGENCY

49 CFR Parts 60 and 61

[FRL-5960-4]


Technical Amendments to Standards of Performance for New 
Stationary Sources National Emission Standards for Hazardous Air 
Pollutants Addition of Method 29 to Appendix A of Part 60 and 
Amendments to Method 101A of Appendix B of Part 61; 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 April 25, 1996 (61 FR 18260), the Environmental Protection 
Agency published in the Federal Register a final rule adding Method 29, 
``Determination of Metals Emissions from Stationary Sources,'' to 
appendix A of part 60, and making amendments to Method 101A of appendix 
B of part 61, which established an effective date of April 25, 1996. 
This document corrects the effective date of the 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.

    The incorporation by reference of certain publications listed in 
this rule is approved by the Director of the Federal Register February 
9, 1998.

FOR FURTHER INFORMATION CONTACT:

[[Page 6494]]

Tom Eagles, OAR, at (202) 260-5585.

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 above rule as required; 
thus, although the rule was promulgated on April 25, 1996 (61 FR 18260) 
by operation of law, the rule did not take effect on April 15, 1996, as 
stated therein. 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 rule consistent with the provisions of 
the CRA.
    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 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 April 25, 
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). 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 upon the effective date 
stated in the April 25, 1996, Federal Register should be penalized if 
they were complying with the rule as promulgated.

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 Orders for the 
underlying rule is discussed in the April 25, 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.

    Dated: January 30, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3016 Filed 2-6-98; 8:45 am]
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