[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Rules and Regulations]
[Pages 6646-6647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3021]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-5960-8]
Technical Amendments to Approval and Promulgation of
Implementation Plans; Ohio; Correction of Effective Date Under
Congressional Review Act (CRA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; correction of effective date under CRA.
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SUMMARY: On September 12, 1997 (62 FR 47946), the Environmental
Protection Agency published in the Federal Register a direct final rule
approving an Ohio State Implementation Plan revision request under the
Clean Air Act (CAA), which established an effective date of November
12, 1997. This document corrects the effective date of the rule to
February 10, 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 10, 1998.
FOR FURTHER INFORMATION CONTACT: Dan Werbie, EPA Region V, at (312)
353-5791.
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 September 12, 1997 (62 FR
47946) by operation of law, the rule did not take effect on November
12, 1997, as stated therein. Now that EPA has discovered its error, the
rule is being submitted to both House 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
[[Page 6647]]
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 September 12, 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 upon
the effective date stated in the September 12, 1997, Federal Register
should be penalized if they are 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 September 12, 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 is effective on February 10, 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 amendments.
Dated: January 30, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3021 Filed 2-9-98; 8:45 am]
BILLING CODE 6560-50-M