[Federal Register Volume 63, Number 84 (Friday, May 1, 1998)]
[Rules and Regulations]
[Pages 24115-24116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11545]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

CFR 40 Part 52

[FRL-5981-8]


Technical Amendments to Approval and Promulgation of Section 
182(f) Exemption to the Nitrogen Oxides (NOX) Control 
Requirements for the Lake Charles Ozone Nonattainment Area; Louisiana; 
Correction of Effective Date Under Congressional Review Act (CRA)

AGENCY: Environmental Protection Agency (EPA).

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

-----------------------------------------------------------------------

SUMMARY: On May 29, 1997 (62 FR 29072), the Environmental Protection 
Agency published in the Federal Register a final rule issuing final 
approval of a petition from the State of Louisiana requesting that the 
Lake Charles marginal ozone nonattainment area be exempt from 
applicable nitrogen oxides (NOX) control requirements of 
section 182(f) of the Clean Air Act, which established an effective 
date of May 27, 1997. This document corrects the effective date of the 
rule to May 1, 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 May 1, 1998.

FOR FURTHER INFORMATION CONTACT:
Tom Eagles, Office of Air at (202) 260-5585.

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 May 
29, 1997, Federal Register document, by operation of law, the rule did 
not take effect on May 27, 1997, as stated therein. Now that EPA has 
discovered its error, the rule has been 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 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 May 29, 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

[[Page 24116]]

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 May 29,1997, 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 May 1, 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: April 22, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-11545 Filed 4-30-98; 8:45 am]
BILLING CODE 6560-50-M