[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Rules and Regulations]
[Pages 9944-9945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4940]



[[Page 9944]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 63

[FRL-5963-8]


Technical Amendments to National Emission Standards for Hazardous 
Air Pollutant Emissions: Group IV Polymers and Resins; 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 September 12, 1996 (61 FR 48207), the Environmental 
Protection Agency published in the Federal Register a final rule 
promulgating national emission standards for hazardous air pollutants 
(NESHAP) from existing and new plant sites that emit organic hazardous 
air pollutants (HAP) identified on the EPA's list of 189 HAP during 
manufacture of Group IV polymers and resins. The September 12, 1996, 
document stated the rule would be effective September 12, 1996. On 
January 14, 1997, and June 6, 1997, EPA amended this rule to change 
some of the compliance dates. This document corrects the effective date 
of the rule to February 27, 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, and 
amends certain compliance dates.

EFFECTIVE DATE: This rule is effective on February 27, 1998.

FOR FURTHER INFORMATION CONTACT: Tom Eagles, OAR, at (202) 260-9766

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 September 12, 1996, by 
operation of law, the rule did not take effect on September 12, 1996, 
as stated therein. The two documents of January 14, 1997, and June 6, 
1997, however, were submitted to Congress and GAO as required under 
CRA. 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.
    Certain compliance dates in the September 12, 1996, final rule were 
amended in a direct final rule published January 14, 1997 (62 FR 1835) 
which was effective on March 5, 1997, and by a direct final rule 
published June 6, 1997, (62 FR 30993) which was effective on July 27, 
1997. Because of the change in the effective date of the September 12, 
1996, final rule made in this document, the compliance dates for new 
affected sources in 40 CFR 63.1311(b), and existing affected sources in 
40 CFR 63.1311(d) and (d)(1), are being amended to be the effective 
date of this amendment. Except to the extent compliance dates are 
amended by this document, the compliance dates in the September 12, 
1996, final rule, as amended by the January 14, 1997, and June 6, 1997, 
direct final rules, remain unchanged.
    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 and compliance dates 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, and because EPA must amend certain compliance dates as a 
result of the amended effective date. 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, 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).

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 September 12, 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 27, 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 and related compliance dates; 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 dates. 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.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: February 6, 1998.
Carol Browner,
Administrator.

    For reasons set out in the preamble, part 63 of title 40, chapter 
I, of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

    2. Section 63.1311 is amended by revising paragraphs (b), (d) 
introductory text, and (d)(1) introductory text to read as follows:

[[Page 9945]]

Sec. 63.1311  Compliance schedule and relationship to existing 
applicable rules.

* * * * *
    (b) New affected sources that commence construction or 
reconstruction after March 29, 1995, shall be in compliance with this 
subpart upon initial start-up or February 27, 1998, whichever is later, 
as provided in Sec. 63.6(b), except that new affected sources whose 
primary product, as determined using the procedures specified in 
Sec. 63.1310(f), is poly(ethylene terephthalate) (PET) shall be in 
compliance with Sec. 63.1331 upon initial start-up or by September 12, 
1999, whichever is later.
* * * * *
    (d) Except as provided for in paragraphs (d)(1) through (d)(6) of 
this section, existing affected sources shall be in compliance with 
Sec. 63.1331 no later than February 27, 1998 unless a request for a 
compliance extension is granted pursuant to section 112(i)(3)(B) of the 
Act, as discussed in Sec. 63.182(a)(6).
    (1) Compliance with the compressor provisions of Sec. 63.164 shall 
occur no later than February 27, 1998 for any compressor meeting one or 
more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iii) of 
this section if the work can be accomplished without a process unit 
shutdown, as defined in Sec. 63.161:
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[FR Doc. 98-4940 Filed 2-26-98; 8:45 am]
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