[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Rules and Regulations]
[Page 6664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3034]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[FRL-5958-9]


Technical Amendments to Clean Air Act Promulgation of Extension 
of Attainment Date for Ozone Nonattainment Area; Ohio; Kentucky; 
Correction of Effective Date Under Congressional Review Act (CRA)

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: On November 17, 1997, the Environmental Protection Agency 
published in the Federal Register a final rule extending the attainment 
date for the Cincinnati-Hamilton interstate moderate ozone 
nonattainment area from November 15, 1996, to November 15, 1997. This 
extension is based in part on monitored air quality readings for the 
national ambient air quality standard (NAAQS) for ozone during 1996. 
EPA also revised the table in the Code of Federal Regulations 
concerning ozone attainment dates in this area. The final rule 
established an effective date of December 17, 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: Annette Hill, EPA Region IV, at (404) 
562-8287, or 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 November 17, 1997 (62 FR 
61241) by operation of law, the rule did not take effect on December 
17, 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 November 17, 
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 believed that affected 
entities that acted in good faith relying upon the effected date stated 
in the November 17, 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 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.).
    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 amendment.

    Dated: January 30, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3034 Filed 2-9-98; 8:45 am]
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