[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Rules and Regulations]
[Page 6667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3030]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR part 281

[FRL-5960-2]


Technical Amendments to West Virginia; Final Approval of State 
Underground Storage Tank Program; Correction of Effective Date Under 
Congressional Review Act (CRA)

AGENCY: Enrironmental Protection Agency (EPA).

ACTION: Notice of final determination; correction of effective date 
under CRA.

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SUMMARY: On September 23, 1997 (62 FR 49620), the Environmental 
Protection Agency published in the Federal Register a notice of final 
determination approving the State of West Virginia's underground 
storage tank program under Subtitle I of the Resource Conservation and 
Recovery Act, which established an effective date of October 23, 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: Jada Goodwin, EPA Region III, at (215) 
566-5381.

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 the date stated in the 
September 23, 1997 (62 FR 49620) by operation of law, the rule did not 
take effect on October 23, 1997, 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 September 23, 
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 23, 1997, 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 not 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 23, 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.

    Dated: January 30, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3030 Filed 2-9-98; 8:45 am]
BILLING CODE 6560-50-M