[Federal Register Volume 63, Number 30 (Friday, February 13, 1998)]
[Rules and Regulations]
[Pages 7290-7291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3754]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[FRL-5963-9]


Technical Amendments to Clean Air Act Reclassification; Arizona-
Phoenix Nonattainment Area; Ozone; 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 November 6, 1997 (62 FR 60001), the Environmental 
Protection Agency published in the Federal Register a final rule 
finding that the Phoenix nonattainment area (Maricopa County, Arizona) 
has not attained the 1-hour ozone national ambient air quality standard 
(NAAQS) by the applicable attainment date in the Clean Air Act (CAA) 
for moderate ozone nonattainment areas, which established an effective 
date of December 8, 1998. The rule stated that revisions to the State 
Implementation Plan (SIP) are due by December 8, 1998. This document 
corrects the effective date of the rule to February 13, 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. This document does not change the 
December 8, 1998, SIP revision submission date.


[[Page 7291]]


EFFECTIVE DATE: This rule is effective on February 13, 1998.

FOR FURTHER INFORMATION CONTACT: Elizabeth Armour, EPA Region IX, at 
(415) 744-1730.

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 6, 1997, Federal 
Register document, by operation of law, the rule did not take effect on 
December 8, 1998, 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.
    The November 6, 1997, rule specifies that a revised SIP to meet the 
serious area requirements is due to be submitted by December 8, 1998, 
based on the need to meet the deadline for the attainment date for 
serious areas--November 19, 1999. Since the change in effective date of 
the rule has no impact on the reasons EPA established the December 8, 
1998, revised SIP submission date, and since the State has been on 
notice of this action since the November 6, 1997, final rule was 
published in the Federal Register, EPA is not changing the December 8, 
1998, deadline for submitting SIP revisions.
    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 6, 
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).

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 November 6, 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 13, 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: February 6, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3754 Filed 2-12-98; 8:45 am]
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